Constitution of Republic of Moldova
This is a project for Moldavian constitution. Is not approved.
- 1 Title I: General Principles
- 2 Title II: Fundamental rights, freedoms and duties
- 3 Title III: Public authorities
- 4 Title IV: External and Internal Realţiile
- 5 Title VI: Amendments to the Constitution
Title I: General Principles
Article 1:''State of the Republic of Moldova
- Republic of Moldova is a sovereign, independent, unitary and indivisible.
- The form of government is a republic state.
- Republic of Moldova is a state of law, democratic country where human dignity, rights and freedoms, free development of human personality, justice and political pluralism are supreme and guaranteed values.
Article 2:''Sovereignty and State Power
- National sovereignty belongs to the Moldovan people and is exercised directly and through its representative bodies in the forms established by the Constitution.
- No individual, no part of the people, no social group or political party or another public organization can not exercise state power on its own. Usurpation of State is the worst crime against the people.
- The territory of the Republic of Moldova is inalienable.
- Frontiers of the country sanctioned by an organic law, observing the generally recognized principles and norms of international law.
Rule 4:''Human Rights and Freedoms
- The constitutional provisions on human rights and freedoms are interpreted and applied in accordance with the Universal Declaration of Human Rights, the Covenants and other treaties to which Moldova is party.
Article 5:''democracy and political pluralism
- Democracy in Moldova is exercised under conditions of political pluralism, which is incompatible with dictatorship and totalitarianism.
- No ideology can be established as the official state ideology.
Article 6:separation of powersand collaboration
- In Moldova, the legislative, executive and judicial branches are separate and cooperate in exercising their powers under the Constitution.
Article 7:The Constitution, Supreme Law
- Constitution of the Republic of Moldova is the supreme law. No law or other legal act contrary to the Constitution has no legal power.
Article 8:Respect for international law and international treaties
- Republic of Moldova pledges to respect the UN Charter and the treaties it is party to its relations with other states the unanimously recognized principles and norms of international law.
- The entry into force of an international treaty containing provisions contrary to the Constitution shall be preceded by a revision.
Article 9:''The fundamental principles of property
- Public and private property is. It consists of material and intellectual goods.
- No property may be used to the detriment of the rights, freedoms and human dignity.
- Market, free enterprise, economic and fair competition are key factors for the economy.
Article 10:Unityand the right to identity
- State foundation is unity of the Republic of Moldova. Moldova is the common and indivisible homeland of all its citizens.
- The State recognizes and guarantees the right of all citizens to preserve, develop and express their ethnic, cultural, linguistic and religious.
Article 11:''National Symbols
- Republic of Moldova Flag, emblem and anthem.
- State Flag of the Republic of Moldova is Tri colors are arranged vertically in the following order from the flagpole: blue, yellow, red. The center, yellow strip, stamped coat of arms of Moldova.
- ERepublicii Moldova's coat of arms is a shield divided horizontally into upper red, the bottom - blue, charged with having Bull head between its horns an eight-pointed star. Bull head is flanked on the right of a rose with five petals, and left by a crescent. All elements present in the shield are of golden (yellow). The shield is placed on the breast of a natural eagle carrying in its beak a golden cross (crusader eagle) and holding in its right claw a green olive branch and a scepter in its left gold.
- State Anthem of the Republic is established by organic law.
- The flag, emblem and anthem are State symbols of the Republic of Moldova and are protected by law.
Article 12:Language, Use of other languages
- The language of the Republic of Moldova is Romanian language is based on the Latin alphabet.
- The State recognizes and protects the right to preserve, develop and use English and other languages spoken in the country.
- Capital of the Republic of Moldova is Chisinau.
Title II: Fundamental rights, freedoms and duties
Chapter I: General
- Moldovan citizens enjoy rights and freedoms enshrined in the Constitution and other laws and obligations contained therein.
- Respect and protect the human person is the foremost duty of the state.
- All citizens of the Republic of Moldova are equal before the law and public authorities, irrespective of race, nationality, ethnic origin, language, religion, sex, political affiliation, wealth or social origin.
Article 16:''Citizenship of the Republic of Moldova
- Obtain Moldovan citizenship by providing acesteaia by a member of parliament or by heredity.
- Every inhabitant of the Republic of Moldova is considered a citizen.
Article 17:''Access to justice
- Everyone has the right to obtain effective protection from the courts for acts that violate rights, freedoms and interests.
- No law may restrict access to justice.
Article 18:The presumption of innocence
- Any person accused of a crime is presumed innocent until his guilt is proven legally during a public trial, in which were all guarantees necessary for his defense.
Article 19:right of every person to know their rights and duties
- Everyone has the right to be given legal personality.
Chapter II: Fundamental rights and freedoms
Article 20:right to life and physical and mental integrity
- The State guarantees every person the right to life and physical and mental integrity.
Article 21:''individual freedom and personal safety
- Individual liberty and personal security are inviolable.
Article 22:right to freedom of movement
- The right to free movement in the country is guaranteed.
- Any citizen of the Republic of Moldova is guaranteed the right to establish his domicile or residence anywhere in the country, to leave, to emigrate and return to the country.
Article 23:Intimate, private and family
- The state respects and protects private life, family and private life.
Article 24:''Secrecy of correspondence
- The state ensures the privacy of letters, telegrams and other postal, telephone conversations and other legal means of communication.
- The provisions of paragraph (a) is permissible by law in cases where this exemption is necessary in the interests of national security, economic welfare, law enforcement and crime prevention.
Article 25:''freedom of conscience
- Freedom of conscience is guaranteed. It must be manifested in a spirit of tolerance and mutual respect.
- Religions are free and are organized according to their own statutes, under the law.
- The relationship between religious denominations any manifestation of discord.
- Religious denominations are autonomous, independent state and is backing it, including the facilitation of religious assistance in the army, hospitals, prisons, mental institutions and orphanages.
Article 26:''Freedom of Opinion and Expression
- Each citizen is guaranteed freedom of thought, opinion and freedom of public expression through words, images or any other means possible.
- Freedom of expression may not harm the honor, dignity and rights of other people to express their own opinions.
Article 27:''creative freedom
- Freedom of artistic and scientific creation is guaranteed. Creation is not subject to censorship.
- The right of citizens to their intellectual property, moral and material interests that arise in connection with various types of intellectual creation are protected by law.
- State shall contribute to the preservation, development and propagation of culture and science achievements, national and global.
Article 28:''The Right to Information
- Right person to have access to any information of public interest can not be restricted.
- Public authorities, according to their competence, are obliged to provide correct information to citizens in public affairs and matters of personal interest.
- The right to information shall not be prejudicial to the protection of citizens or national security.
- Public media, public or private, are obliged to provide correct information to the public.
- The public media are not subject to censorship.
Article 29:''Right to education
- The right to education is provided through general education.
- Education is free.
Article 29:right to vote and be elected
- Will the people is the power in the state. This will is expressed through free elections are held regularly through universal, equal, direct, secret and freely expressed.
- Moldovan citizens vote at level 7.
- The right to be elected to the Moldovan citizens are guaranteed the right to vote under the law.
Article 30''Right Management
- Moldovan citizens have the right to participate in the administration of public affairs directly and through their representatives.
- Each citizen is guaranteed by law, access to public office.
Article 31:The freedom of parties and other socio-political
- Citizens may freely associate in parties and other social-political. They contribute to defining and expressing the political will of citizens and the law, participating in elections.
- Parties and other social-political organizations are equal before the law ..
- Work parties consisting of foreign nationals is prohibited.
- Public functions whose holders may not join political parties is determined by organic law.
- Only the first 5 parties may submit candidates for presidential elections.
Article 32:right to work and safety
- Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.
Chapter III: Fundamental duties
Article 33:''devotion to the country
- Devotion to country is sacred.
- People who are entrusted public officials and soldiers responsible for carrying out their duties faith and in cases prescribed by law and oath as requested.
- Treason is defined as any state assistance or person or inciting or conspiring with any person to levy war against the state, or attempt to overthrow the government bodies established by this Constitution, or to take part or be concerned in or inciting or conspiring with any person to make or take part or be concerned in any such attempt.
Article 35:Patriotic Patriotic # is a right and duty of every citizen.
Article 36:''financial contributions
- Citizens have an obligation to contribute through taxes and duties to public expenditure.
- Legal taxation system must ensure a fair distribution of tax burdens.
Chapter IV: Parliament
Section 1: Organization and operation
Article 37:Parliament (Congress), the supreme representative and legislative
- Parliament as the supreme representative of the Moldovan people and the sole legislative authority of the state.
- The Parliament is composed of deputies.
Article 38:''Parliament Election
- Parliament is elected by universal, equal, direct, secret and freely expressed.
- The organization and conduct of elections is determined by organic law.
- The election of deputies is conducted on the 25th of each month.
Article 39:The term of office
- Parliament is elected for a term of 30 days.
- Parliament shall meet upon convening of the President, within 3 days of the election.
- The structure, organization and functioning shall be regulated by Parliament.
- President is elected by secret ballot by a majority of deputies elected during the term of Parliament. It can be revoked at any time by secret vote by the Parliament with a majority of at least two-thirds of all deputies.
- Vice President of the Parliament elected in the proposal, in consultation with the parliamentary factions.
Article 41:''Publicity of meetings
- Sessions of Parliament are public.
- Parliament may decide that certain sessions be closed.
Article 42:''Basic tasks
- Parliament has the following functions:
- A) adopt laws, decisions and motions;
- B) declares referendums;
- C) approve the main directions of domestic and foreign policy of the state;
- D) approve the state's military doctrine;
- E) To ratify, denounce, suspend and cancel the action of the international treaties concluded by Moldova;
- F) approve the state budget and exercising control over it;
Section 2: Staff Members
Article 43:''Representative mandate
- In exercising their powers, MPs are serving the people.
- Any imperative mandate is null.
Article 44: Membersmandate
- Deputies shall exercise their mandate under the condition of validation.
- Member of Parliament ceases to the lawful assembly of the newly elected Parliament in the event of resignation, waiver of the mandate, incompatibility, or death.
Article 45:''Incompatibilities and immunities
- Member of Parliament is incompatible with any other remunerated position, except teaching and scientific activity.
- Other incompatibilities shall be established by organic law.
Section 3: Legislation
Article 46: Categorieslaws
- Parliament passes constitutional organic laws and ordinary laws.
Article 47:''The adoption of laws and decisions
- Organic laws shall be elected by a majority vote after at least two readings.
Natural Enemy # laws and dismissal of the President shall be adopted by a majority of 66%.
- The most important problems of society and the state are subject to referendum.
Article 49:''Entry into force of the law Law shall enter into force upon adoption.
Chapter V: Moldova's President
Article 50:The President of the Republic of Moldova, Vladimir Voronin
- President of the Republic of Moldova is the head of state.
- President of the Republic of Moldova represents the state and sovereignty, national independence, unity and territorial integrity.
Article 51:''Election of the President
- President of the Republic of Moldova is elected by universal, equal, direct, secret and freely expressed.
- Can be elected President of the Republic of Moldova citizens with voting mechanisms that meet all requirements of the game.
- The candidate who received the higher number of votes.
Article 52:''Validation of mandate and oath
- The election for President of the Republic of Moldova is validated eRepublik administration.
- Candidate whose election has been validated shall take before Parliament no later than 3 days after the election, the following oath: "I swear to devote all my strength and skill advancement of the Republic of Moldova, to uphold the Constitution and laws of the country, to defend democracy, rights and fundamental human rights, sovereignty, independence, unity and territorial integrity of Moldova. "
Article 53:The term of office
- Presidential mandate lasting 30 days and the date of the oath-taking exercise.
Article 54:''Incompatibilities and immunities
- Capacity of President of the Republic is incompatible with any other paid function.
- President of the Republic may take part in parliamentary proceedings.
- President of the Republic of Moldova will address Parliament on the main messages of the nation's problems.
Article 56: Tasksforeign policy
- President of the Republic of Moldova is taking part in talks and negotiations, economic Internationales conclude treaties and declares war on behalf of the Republic of Moldova and presents them in the manner and within the period prescribed by law, to Parliament for ratification.
- President of the Republic at the proposal of the Government, accredit and recall diplomatic representatives of the Republic of Moldova and approve the establishment, disestablishment, and ranking diplomatic missions.
- Moldovan President receives accreditation letters of recall of foreign diplomatic envoys to Moldova.
Article 57: Tasksdefense
- President of the Republic is supreme commander of armed forces.
- President of the Republic may, with prior approval of Parliament, war or conclude peace treaties.
- In case of armed aggression against the country, President of the Republic shall take measures to repel aggression, declared war and bring them, without delay, to the Parliament.
Chapter VI: Government
- Government to carry out internal and external policy governs the state and public administration.
- In the exercise, Government will use its program of activities approved by Parliament.
- The Government consists of Prime Minister, Deputy Prime Minister, Deputy Prime Ministers, ministers and other members determined by organic law.
- After consultation with parliamentary groups, President of the Republic of Moldova designates a candidate for prime minister.
1. The Government shall exercise the powers of the day's oath-taking by members before the President of the Republic of Moldova. 2. In the event of government reshuffle or vacancy of office, dismiss and appoint the President of the Republic, the Prime Minister's proposal, some members of the Government.
- Membership of the Government shall be incompatible with any other paid function.
- Other incompatibilities shall be established by organic law.
Article 62:TerminationState Government
- Membership of the Government shall terminate upon resignation, dismissal, incompatibility, or death.
Article 63:Prime Minister
- Prime Minister leads the Government and coordinates the activities of its members, respecting their functions.
1. If Prime Minister's inability to perform his duties or in case of his death, President of the Republic will appoint another member of the Government as interim Prime Minister until the formation of new government. Interim period to fulfill the duties if the Prime Minister resumes his activity within the Government.
Title IV: External and Internal Realţiile
Chapter VII: National Defense
Article 64: Army' 1. Army defense is the body of the Republic of Moldova. 2. Moldovan president is the commander in chief. 3. Moldova's army is composed by three components:
- A) Military Units (MU) state.
- B) private military units.
- C) Army General (Total Mobilization)
Article 65:''State Military Units 1. MU State Ministry of Defense and are dependent on publicly financed. 2. UM soldiers obey orders from the military state of the state.
Article 66:''Private Military Units 1. Military units and self-financing private self. 2. UM înfara private law can be declared if they operate against this constiuţii and state interests.
Chapter VIII: Foreign Relations
Article 67:''MPP 1. Pacts signed by the president with MPP aprobaarea parliament.
Article 68:Alliance 1. Republic of Moldova may be part of a legal alliance of eRepublic orce. 2. President of the Republic of Moldova signed the accession to alliances with the approval of parliament and in special cases in consultation with the referendum. 3. By joining an alliance, the Republic of Moldova is committed to respect all the principles of the alliance data. 4. Withdrawal of an alliance is decided by referendum.
Article 69:''Diplomatic Relations 1. Ambassadors are appointed by the President of the Republic of Moldova to the proposal of the Minister of Foreign Affairs. 2. Abasadorii foreigners are accredited by the President.
== Title V: == The national economy and public finances Article 70:Business
- Each citizen is allowed to create / have a business or buy / have shares in a company or corporation, and must pay his legal fees from the state.
- Any cooperation between the state and a private company or corporation, must agree, after a public auction where any company can compete.
- Competition Committee is committee composed of representatives from business and civil society representatives. It will issue recommendations on product prices and wages policy.
- Competition Committee will form a set of laws that will establish relationships between companies and workers, and will form the rights and responsibilities of workers and companies. It will also inform, / notify the Supreme Court where one of these rules will be respected. Each change of the Competition Law Committee will be published presidential newspaper.
Title VI: Amendments to the Constitution
- Any part of this Constitution may be amended.
- A proposal to amend the Constitution must be initiated by a congressman or president.
- After being introduced, the proposal to amend the Constitution must be voted on by referendum. The proposal passes if a majority of citizens who voted in favor, at which time he changed the constitution will be established in the proposal.
- For any referendum (on any issue) is not necessary that 50% of the population votes, only votes for declared during the referendum count. Referendums are proposed by the president and the voting period is also established by the President, but not less than 24 hours.
- This Constitution shall come into operation after being supported by most voters in a referendum, and President in his newspaper published the full text. Constitution will be effective immediately.
- Each change of constitution will be followed by a re-publish the full text of the president in the newspaper.