The PMR Constitution

 

CONSTITUTION

OF THE PRIDNESTROVIAN MOLDAVIAN REPUBLIC

(CURRENT EDITORIAL AS OF 20 AUGUST 2016)

 

CONSTITUTIONAL LAW

PRESIDENT

OF THE PRIDNESTROVIAN MOLDAVIAN REPUBLIC

 

 

We, multinational people of the Pridnestrovian Moldavian Republic,         

- united by the common fortune on our land;         

- maintaining human rights and freedoms, as well as free development of person;         

- proceeding from the responsibility for our Motherland before the current and future generations;         

- confirming our commitment to the common to all mankind values, striving for life in peace and harmony with all peoples according to generally recognized principles and norms of international law;         

- establishing the legal state, which would ensure the rule of law as an expression of will of the people;         

- honoring the memory of our ancestors, who have passed us love and respect to our Motherland;         

- wishing to ensure well-being and prosperity to Pridnestrovie,         

adopt the Constitution of the Pridnestrovian Moldavian Republic

 

SECTION I. PRINCIPLES OF THE CONSTITUTIONAL SYSTEM

Article 1      

The Pridnestrovian Moldavian Republic is a sovereign, independent, democratic, legal state.         

Its people is the bearer of sovereignty and the only source of power in the Pridnestrovian Moldavian Republic.         

The people exercises its power directly, as well as through organs of state power and institutions of local self-government.         

Referendum and free elections are the highest direct expression of the power of the people.         

No one can assume power in the Pridnestrovian Moldavian Republic. Seizure of power and appropriation of powers of authority are the gravest crime against the people.

Article 2      

The Constitution of the Pridnestrovian Moldavian Republic is of highest legal force and direct action. Organs of state power and management, institutions of local self-government, officials, public associations and citizens must observe the Constitution and laws of the Pridnestrovian Moldavian Republic.

Article 3      

Citizenship of the Pridnestrovian Moldavian Republic is granted and forfeited in accordance with the constitutional law, and is equal for all citizens irrespective of the reasons for its acquiring.         

A citizen of the Pridnestrovian Moldavian Republic cannot be deprived of his citizenship or of the right of changing it. A citizen of the Pridnestrovian Moldavian Republic can have a citizenship of another state, i.e. - double citizenship.         

Unless otherwise provided by law, foreign citizens and stateless persons enjoy rights and freedoms exercised by citizens of the Pridnestrovian Moldavian Republic.

Article 4       

State, private, and other forms of ownership are recognized in the Pridnestrovian Moldavian Republic.         

All forms of ownership are equally protected by the state.

Article 5       

Soil, entrails of the earth, waters, forests, airspace, as well as other natural resources are objects of exclusive ownership of the state. Plots can be in the lifelong use of citizens with the right of succession, with their maximum size and the order of using stipulated by law.

Article 6       

State power in the Pridnestrovian Moldavian Republic is exercised on the basis of its division to legislative, executive, and judicial. Organs of legislative, executive, and judicial powers, within their own competences, are independent.

Article 7       

In the Pridnestrovian Moldavian Republic, a local self-government is recognized and ensured, consisting of Soviets of People's Deputies and organs of territorial public self-government, which directly, or through their elected organs, independently tackle social, economic, political, and cultural issues of local importance, proceeding from the state interests and interests of the population of their respective administrative territorial formation.

Article 8       

The state, its organs and officials act in the conditions of democratic diversity of political institutions and opinions.         

The state regulates relations between social, national and other communities on the basis of principles of equality and respect for their rights and interests.         

The activity of public formations, their organs and representatives is prohibited, which is aimed against sovereignty of the Republic, at forcible change of foundations of the constitutional system, at undermining security of the state, at establishment of illegal armed formations, at stirring up racial, national or religious discord.

Article 9      

The Pridnestrovian Moldavian Republic is a secular state. No religion can be established as a national or obligatory one.        

Religious associations are separated from the state and are equal before law.

Article 10       

Foreign policy of the Republic proceeds from the principles of sovereign equality of states, non-use of force, peaceful settlement of disputes, non-interference in internal affairs of other states.        

Universally recognized principles and norms of international law, as well as international treaties of the Pridnestrovian Moldavian Republic, are the basis for relations with other states and the constituent part of the legal system.

Article 11       

To defend sovereignty and independence of the Pridnestrovian Moldavian Republic, the Armed Forces are established.        

The order of establishment and activity of the Armed Forces is determined by law.

Article 12       

Status of official language on an equal basis is given to the Moldavian, Russian, and Ukrainian languages.

Article 13       

The Pridnestrovian Moldavian Republic has its own national flag, National Emblem and state anthem, which are symbols of the republic and are approved by law.         

Capital of the Pridnestrovian Moldavian Republic is the city of Tiraspol.

Article 14       

The Pridnestrovian Moldavian Republic consists of: the following towns - Bendery (with villages - Varnitsa, Ghyska, Protyagailovka), Dubossary, Rybnitsa, Tiraspol; and Grigoriopol, Dubossary, Kamenka, Slobodzea, Rybnitsa regions.         

Borders and territory of the Pridnestrovian Moldavian Republic are determined by law.

Article 15      

Provisions of this Section of the Constitution constitute the principles of the constitutional system of the Pridnestrovian Moldavian Republic and cannot be changed otherwise than provided by this Constitution.        

Other provisions of the Constitution cannot be inconsistent with the principles of the constitutional system of the Pridnestrovian Moldavian Republic.

SECTION II. RIGHTS, FREEDOMS, RESPONSIBILITIES AND GUARANTEES OF PERSON AND CITIZEN

Article 16       

Person, his rights and freedoms are of supreme value to the society and the state. Responsibility of the state is to protect rights and freedoms of person and citizen.        

Basic human rights and freedoms are inalienable and belong to everybody from birth.

Article 17       

Everybody has equal rights and freedoms and is equal before law without distinction as to sex, race, nationality, language, religion, social origin, views, personal and social status.        

Benefits and privileges can be established only by law and should be consistent with the principles of social justice.

Article 18       

Restriction of rights and freedoms of person and citizen is allowed only in cases envisioned by law, in the interest of national security, public order, protection of morality, of people's health, rights and freedoms of other individuals.        

No one can enjoy benefits and privileges inconsistent with law.

Article 19       

Everybody has the right to life. The state protects the right to life of person from any infringement.        

Capital punishment, until it is abolished, can be applied according to law as an exceptional punishment for committing grave crimes against life and only according to the sentence passed.

Article 20       

Everybody has the right to liberty and security of person. No one can be arrested or detained otherwise than provided by law.        

A detainee has the right to judicial review of lawfulness of his detention or arrest.

Article 21       

No one can be subjected to torture, cruel, inhuman or degrading treatment and punishment, as well as be object of medical or other experiments without his own consent.

Article 22       

A person accused in committing a crime is innocent until proven guilty in accordance with the established by law procedure and the sentence of guilty passed and come into legal force. An accused is not bound to prove his innocence.

Article 23       

No one must testify against himself, his spouse, close relations, whose circle is determined by law.        

Evidence obtained with violation of law does not have any legal force.

Article 24       

Everyone has the right to protection of his good name, protection against infringement on his honour and dignity, against interference with his private life; as well as has the right to personal and family secret, and to inviolability of the home.        

No one has the right of visit and search of the house, to violate the secrecy of correspondence and telephone conversations otherwise than in cases and in order stipulated by law.

Article 25       

Citizens of the Pridnestrovian Moldavian Republic have the right to freedom of movement and residence within the republic, to leave it and to come back unimpededly.

Article 26      

Maternity and childhood, family are under the protection of the state.        

Care for children and their upbringing are an equal right and duty for parents.        

Able to work children, who have reached the age of 18, must take care of their disabled parents.

Article 27      

Everyone has the right on the freedom of thought, speech and opinion. Everyone has the right in any legal way to seek, receive and spread any information, except for the one directed against existing constitutional system, or being State secret. List of information being State secret is determined by law. 

Everybody is ensured the freedom of opinion and expression.

Article 28      

The media is not subjected to censorship.

Article 29      

Citizens of the Pridnestrovian Moldavian Republic are ensured the right to get, keep and spread full, reliable and timely information concerning activity of state organs, of public associations, concerning political, economic, and international life, the state of environment.         

Organs of state power and management, institutions of local self-government, and their officials must provide a citizen of the Pridnestrovian Moldavian Republic with the possibility to get acquainted with documents and materials concerning his rights and legitimate interests, unless otherwise provided by law.

Article 30      

Freedom of conscience is ensured to everybody.        

Everybody has the right to profess any religion or not to profess any. Any forced implanting religious views is inadmissible.

Article 31       

Citizens of the Pridnestrovian Moldavian Republic have the right to participate in running public and state affairs both directly and through their representatives. This participation is carried out through the local self-government, holding referenda, and democratic formation of state organs.         

Citizens of the Pridnestrovian Moldavian Republic can freely elect and be elected into state organs on the basis of universal, equal and direct suffrage by the secret ballot.

Article 32       

The state ensures the freedom of assembly, rallies, street processions, demonstrations and pickets, which do not violate law and order, as well as rights, of other citizens of the Pridnestrovian Moldavian Republic. The order of holding the abovementioned activities is determined by law.

Article 33      

Citizens of the Pridnestrovian Moldavian Republic have the right to join in trade unions, political parties and other associations, to participate in mass movements not prohibited by law.

Article 34       

Judges, prosecutor's office personnel, personnel of organs of interior affairs, of the committee of state control, of security organs, as well as servicemen cannot be members of political parties and other public associations set to achieve political goals.

Article 35      

Labour is free. Everybody has the right to freely use his abilities to work, to choose the kind of his labour activity and occupation.        

Forced labour is prohibited.        

Everybody has the right to work in the conditions meeting the requirements of security and hygiene, to be rewarded for labour without any discrimination and no less than the established by law minimum level of salary; as well as the right to protection against unemployment.        

The right is recognized to individual and collective labour disputes with the use of established by law ways of their resolution, including the right to strike.        

Everybody has the right to rest.        

An employee is ensured the length of working time, holidays and red-letter days, paid annual leave, established by law.

Article 36      

Everyone has the right to freely use his abilities and property for business and another, not prohibited by law, economic activity.

Article 37       

The state ensures the right of property to everyone.        

The owner, at his own discretion, possesses, enjoys and disposes the property belonging to him.        

No one can be deprived of his property otherwise than under a court's decision.        

Exercising the right of property should not damage the environment, historic and cultural values, infringe upon rights and protected by law interests of other individuals or the state. The right of succession is ensured.

Article 38      

Everyone has the right to social security in his old age, in case of disability, as well as in case of loss of bread-winner, and in other cases determined by law.         

Pensions, benefits and other types of social assistance cannot be less than a level officially determined by the state.

Article 39       

Citizens of the Pridnestrovian Moldavian Republic are ensured the right to health protection, including free medical service and treatment in state public health institutions.

Article 40      

Everybody has the right to secure for life and health environment and to compensation of the harm caused by violation of this right.

Article 41       

Everybody has the right to education.        

Citizens are ensured free general secondary education and free high professional education in state educational institutions.        

Everybody has the right, on a competitive basis according to his abilities, to get free higher education in state educational institutions.        

General secondary education is compulsory.        

The Pridnestrovian Moldavian Republic establishes state educational standards, supports different forms of education and self-education.

Article 42     

Every citizen of the Pridnestrovian Moldavian Republic has the right to housing. No one can be arbitrary deprived of housing.        

Organs of state power encourage house-building, create conditions for exercising the right to housing.        

Poor people and other mentioned in the law citizens, who are in need of housing, are provided with it free of charge or for reasonable pay from state or other housing funds according to norms provided by law.

Article 43      

Everybody has the right to maintain his ethnicity, as well as nobody can be forced to name and indicate his ethnicity.        

Insult of national dignity should be punished as provided by law.        

Everybody has the right to use his mother tongue and to choose a language of communication.

Article 44      

Citizens of the Pridnestrovian Moldavian Republic have the right to freedom of artistic, scientific and technical creative work.        

Intellectual property is protected by law.        

The state takes care of cultural, scientific, and technical development of society.

Article 45      

The state ensures rights and freedoms of citizens laid down in the Constitution. The list of rights and freedoms, given in the Constitution, should not be interpreted as negation or derogation of other universally recognized rights and freedoms.

Article 46      

Everybody is ensured judicial defense of his rights and freedoms, as well as the right to appeal to the court against illegal decisions and actions of state organs, officials, and public associations.

Article 47      

Exercising rights and freedoms is inseparable from fulfillment by citizen and person his duties before society and the state.

Article 48       

Defense of the Pridnestrovian Moldavian Republic is a sacred duty for everybody. Law establishes universal military service.

Article 49       

Everybody must observe the Constitution and laws, as well as respect rights, freedoms, honour and dignity of other people.

Article 50      

Everybody must take care of the environment.

Article 51      

Everybody must protect cultural and spiritual heritage of the people of the Pridnestrovian Moldavian Republic.

Article 52      

Everybody must pay taxes and local duties determined by law.

SECTION III. PRINCIPLES OF STATE ADMINISTRATION 

Chapter 1. DEVELOPMENT OF PRINCIPLES OF THE CONSTITUTIONAL SYSTEM

Article 53       

1. Everybody shall have the right on compensation by the state, local self-government, of the harm caused by illegal commission (or omission) of organs of state power, of local self-government, or of their officials.        

2. Respect for human dignity, as well as full, unconditional and immediate protection of rights and freedoms of person and citizen, and providing conditions for free development of citizens shall be the responsibility of organs of state power, of local self-government and officials.        

3. Any normative legal acts affecting rights, freedoms and duties of person and citizen maynot be applied without being published officially for general knowledge.

Article 54      

1. In conditions of state of emergency or martial law, under the constitutional law, constitutional rights and freedoms of person and citizen determined by Articles 4, 20, 24, 25, 27, 28, 31, 32, 33, 35, 36, 37 of this Constitution may be restricted.         

In conditions of state of economic emergency, under the constitutional law, constitutional rights and freedoms of person and citizen determined by Articles 4, 35, 37 of this Constitution may be restricted.         

Restrictions of constitutional rights and freedoms of person and citizen mentioned in this Article may be established with mentioning limits and terms of them being in force. Other constitutional rights and freedoms of person and citizen may not be restricted.         

2. State of emergency, martial law or economic emergency state on the territory of the Pridnestrovian Moldavian Republic may be declared under the circumstances and in the order provided by the constitutional law.

Article 55      

1. The Pridnestrovian Moldavian Republic shall be a presidential republic.        

2. Competences of two or three branches of power maynot be concentrated in the hands of one organ or one person. The legislative power maynot belong to one person. Executive organs of state power maynot be given competences to issue laws; and the legislative power maynot be given administrative competences for operational management of organs and institutions of executive and judicial organs of state power.        

Each of the organs of state power shall be given controlling functions within its respective competences provided by this Constitution and law.        

3. Judicial authority shall be exercised by courts, whose decisions shall be taken on behalf of the Pridnestrovian Moldavian Republic Republic.

Article 56      

The Pridnestrovian Moldavian Republic as a sovereign state through establishment, in the order provided for by this Constitution and legislation, of organs of state power and administration, as well as state officials, shall undertake to perform the following main functions:         

a) creating and preserving a favourable environment;         

b) providing public health services;         

c) establishing and functioning social security and public protection systems, as well as a system of employment of able-bodied population;         

d) development of science, culture, as well as providing education opportunities for population;         

e) conducting the foreign policy;         

f) forming and ensuring operation of financial system of the state;         

g) ensuring development of national economy;         

h) functioning both internal and external trade;         

i) providing conditions for operation of transport and communication as single systems;        

j) providing conditions for functioning the agricultural sector of economy aimed at satisfaction of needs of the population;         

k) preserving and rational exploitation of natural resources;         

l) providing conditions for operation of industry and power engineering;         

m) ensuring defense capability of the state;         

n) ensuring domestic security for normal functioning of the state;         

o) exercising law-enforcement activity for security and benefit of the population;         

p) ensuring operation of justice organs;         

q) other matters requiring a uniform solving and application on the territory of the Pridnestrovian Moldavian Republic for ensuring welfare and well-being of the population.

Article 57      

If an international treaty of the Pridnestrovian Moldavian Republic establishes other rules than provided for by the legislation of the Republic, it may be ratified by the Supreme Soviet only after adoption (or simultaneously with adoption) a law by it, introducing amendments into the legislation currently in force according to the international treaty of the Pridnestrovian Moldavian Republic, which is subject to ratification.

Article 58       

Unless it leads to restriction of rights and freedoms of person and citizen provided for by Section II of this Constitution and is inconsistent with the principles of the constitutional system, the exercising of certain competencies of organs of state power may be delegated through passing a constitutional law in the order determined in Article 57 of this Constitution to another state or supranational institutions, to the extent, to which it will not mean for the Pridnestrovian Moldavian Republic a refusal from its sovereignty.