Article 143 of the Constitution of Moldova

Title VII. Final and Transitory Provisions Article I Article II Article III Article IV Article V Article VI Article VII Article VIII CONSTITUTION OF THE REPUBLIC OF MOLDOVA Adopted on 27 July 1994 WE, the plenipotentiary representatives of the people of the Republic of Moldova, members of Parliament, STARTING from the secular aspirations of the people to live in a sovereign country, expressed by the proclamation of independence of the Republic of Moldova, TAKING DUE ACCOUNT of the continuity of the Moldovan people statehood within the historical and ethnic framework of its growing as a nation, STRIVING to satisfy the interests of citizens of a different ethnic origin who alongside w ith the Moldovans constitute the people of the Republic of Moldova, CONSIDERING rule of law, civic peace, de mocracy, human dignity, fundamental human rights and freedoms, the free development of human personality, justice and political plural ism as supre me values, BEING AWARE of our responsibility and obli gations towards past, present and future generations, REASSERTING our devotion to overall hu man values and our desire to live in peace and harmony with all the peoples of the world, in compliance with the unanimously acknowledged principles and norms of international law, We herewith adopt this Constitution of the Republic of Moldova, and declare it as THE SUPREME LAW OF THE SOCIETY AND OF THE STATE Title I GENERAL PRINCIPLES Article 1 The State of the Republic of Moldova (1) The Republic of Moldova is a sovereign, independent, unitary and indivisible state. (2) The form of government of the State is the republic. (3) Governed by the rule of law, the Republic of Moldova is a democrati c State in which the dignity of people, their rights and freedoms, the free development of human personality, justice and political pluralism represent su preme values that shall be guaranteed. Article 2 Sovereignty and State Power (1) National sovereignty resides with the people of the Republic of Moldova, who shall exercise it directly and through its representa tive bodies in the ways provided for by Con stitution. (2) No private individual, no national seg ment of population, no social group , no political party or other public organization may exercise state power on their own behalf. The usurpation of state power shall constitute the gravest crime against people. Article 3 Territory (1) The territory of the Republic of Moldova is inalienable. (2) The borders of the country are sanc tioned by an organic law, subject to the unanimously recognized principles and norms of international law. Article 4 Human Rights and Freedoms (1) Con stitutional provisions on human rights and freedoms shall be interpreted and are enforced in accordance with the Universal Declaration of Human Rights, with the con ventions and other treaties to which the Re public of Moldova is a party. (2) Wherever dis agreements appear between the conventions and treaties on fundamental human rights to which the Republic of Mol dova is a party and its domestic laws, priority shall be given to international regulations. Article 5 Democracy and Political Pluralism (1) Democracy in the Republic of Moldova shall be exercised under the conditions of political pluralism, which is incompatible with dictatorship or totalitarianism. (2) No ideology may be instituted as official ideology of the State. Article 6 Separation and Cooperation of Powers The legislative, the executive and the judicial powers are separate and cooperate in the exercise of the assigned prerogatives pursuant to the provisions of the Constitution. Article 7 Constitution -the Supreme Law The Consti tution of the Republic of Moldova shall be the Supreme Law of the State. No law or other legal act which contravenes the provi sions of the Constitution shall have legal force. Article 8 Observance of International Law and International Treaties (1) The Republic of Moldova commits to observe the Charter of the United Nations and the treaties to which it is a party, to ground its relationships with other states on the unanimously recognized principles and norms of international law. (2) The coming into force of an international treaty containing provisions which are contrary to the Constitution shall be preceded by a revision of the latter. Article 9 Fundamental Principles Regarding Property (1) Property can be public and private. It is constituted of material and intellectual goods. (2) No property may be used to the prejudice of human rights, freedoms and human dignity. (3) Market, free economic initiative and fair competition shall be the main elements of the economy. Article 10 Unity of People and Right to National Identity (1) The unity of people of the Republic of Moldova constitutes the foundation of the State. The Republic of Moldova is the common and indivisible motherland of all its citizens. (2) The State recognises and guarantees all its citizens the right to the preservation, development and expression of their ethnic, cultural, linguistic and religious identity. Article 11 The Republic of Moldova -a Neutral State (1) The Re public of Moldova proclaims its permanent neutrality. (2) The Republic of Moldova does not admit the stationing of any foreign military troops on its territory. Article 12 Symbols of the State (1) The Republic of Moldova has a flag, coat of arms and an them. (2) The State Flag of the Republic of Moldova is a tricolour. The colours are arranged vertically in the following order from the flagpole: blue, yellow and red. On the central yellow stripe of the tricolour is imprinted the State Coat of Arms of the Republic of Moldova. (3) The State Coat of Arms of the Republic of Moldova shall consist of a shield divided horizontally into two parts: the upper part is coloured red and the lower part is coloured blue; with a superimposed a head of aurochs showing b etween its horns an eight -pointed star. The head of aurochs is flanked on the right side by a rose with five petals and on the left side by a slightly rotated half moon. All heraldic elements on the shield are of gold en (yellow) colour. The shield is laid on the breast of a natural eagle holding in its beak a golden cross, in its right claw a green olive -tree branch and in its left claw a golden sceptre. (4) The State anthem of the Republic of Mol dova is established by organic law. (5) The flag, coat of arms and anthem are the State symbols of the Republic of Moldova and are protected by law as such. Article 13 State Language, Use of Other Languages (1) The State language of the Republic of Moldova is the Moldovan language based on the Latin alphabet. (2) The State shall acknowledge and protect the right to the preservation, development and use of the Russian language and other languages spoken withi n the territory of the State. (3) The State will encourage and promote studies of foreign languages that enjoy widespread international usage. (4) The use of languages within the terri -tory of the Republic of Moldova shall be estab lished by organic law . Article 14 The Capital The capital of the Republic of Moldova is the city of Chi șinău. Title II FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES CHAPTER I GENERAL PROVISIONS Article 15 Universality All citizens of the Republic of Moldova shall enjoy the rights and freedoms granted by the Constitution and other laws and are assigned the duties provided for thereby. Article 16 Equality (1) The respect and protection of the indi vidual shall constitute the foremost duty of the State. (2) All citizens of the Republic of Moldova are equal before the law and public authorities, regardless of the race, nationality, ethnic ori gin, language, religion, sex, opinion, political affiliati on, property or social origin. Article 17 Citizenship of the Republic of Moldova (1) The citizenship of the Republic of Moldova shall be acquired, maintained or withdrawn under the conditions provided for by the organic law. (2) No one may be arbitrar ily deprived of his/her citizenship or of the right to change the citizenship. [Art. 17 amended by the Law no.1469 -XV of 21.11.02, MO no.169/12.12.02, art. 1290] Article 18 Protection of citizens of the Republic of Moldova (1) Citizens of the Republic of Moldova shall benefit of the State protection both within the country and abroad. (2) Citizens of the Republic of Moldova may not be extradited or expelled from the country. [Art. 18 amended by the Law no.1469 -XV of 21.11.02, MO no.169/12.12.02, art. 1290] Article 19 Legal Status of Foreign Citizens and Stateless Persons (1) Foreign citizens and stateless persons shall enjoy similar rights and duties as the citizens of the Republic of Moldova, with the ex ceptions provided by the law. (2) Foreign citizens and stateless persons may be extradited only in compliance with an international covenant, in terms of reciproci ty or on the basis of a decision delivered by a court of law. (3) The right to asylum shall be granted and withdrawn under the law and in compliance with the international treaties to which the Re public of Moldova is a party. [Art. 19 amended by the Law no.1469 -XV of 21.11.02, MO no.169/12.12.02, art. 1290] Article 20 Free Access to Justice (1) Any individual is entitled to effective satisfaction from the part of competent courts of law against actions infringing upon his/her legitimate rights, free doms and interests. (2) No law may restrict the access to justice. Article 21 Presumption of Innocence Any person accused to have committed an of fence shall be presumed innocent until found guilty on legal grounds, brought forward in a public trial, safeguarding all the necessary guarantees for his/her defence. Article 22 Non-Retroactivity of the Law No one shall be sentenced for actions or dra wbacks which did not constitute an offence at the time they were committed. No punish ment more severe than that applicable at the time when the offence was committed shall be imposed. Article 23 Right of Every Person to Be Acknowledged on His/Her Right s and Duties (1) Every individual has the right to an acknowledged legal status. (2) The State shall ensure the right of every individual to be aware of his/her rights and duties. For this purpose the State shall publish and make accessible all the laws and other nor mative acts. CHAPTER II FUNDAMENTAL RIGHTS AND DUTIES Article 24 Right to Life and Physical and Mental Integrity (1) The State guarantees every individual the right to life and physical and mental integrity. (2) No one may be subjected to torture or to any cruel, inhuman or degrading punishment or treatment. (3) The capital punishment is abolished. No one may be sentenced to such a punishment, nor executed. [Art. 24 para.(3) modified by the Law no.185 -XVI of 29.06.06, MO no.106 -111/14.07.06, art.502] [Art. 24 para.(3) amended by the Law no.351 -XV of 12.07.01, MO no.90 -91/02.08.01, art.699] Article 25 Individual Freedom and Security of Person (l) Individual freedom and security of person are inviolable. (2) Searching, detaining in custody or arrest ing a person shall be permitted only in cases and pursuant to the procedure established by the law. (3) The period of detention in custody may not exceed 72 hours. [Art. 25 para.(3) amended by the Law no.351 -XV of 12.07.01, MO no.90 -91/02.08.01, art.699] (4) The arrest shall be carried out under a warrant issued by a judge for a period of 30 days at the most. An appeal may be lodged against the validity of the warrant, under the law, at the hierarchically superior court of law. The term of the arrest may o nly be prolonged by the judge or by the court of law, under of the law, to a period not exceeding 12 months. [Art. 25 para.(4) amended by the Law no.351 -XV of 12.07.01, MO no.90 -91/02.08.01, art.699] (5) The person detained in custody or un der arrest sh all be immediately informed on the reasons of his/her detention or arrest, and shall be notified of the charges brought against him/her as soon as possible; the notification of the charges shall only be made in the presence of a lawyer, either chosen or ap pointed ex officio . (6)) If the reasons for detention in custody or arrest have ceased to exist, the release of the person concerned must follow without delay. Article 26 Right to Defence (l) The right to defence is guaranteed. (2) Everyone shall be entitled to respond in dependently by appropriate legitimate means to an infringement of his/her rights and free doms. (3) Throughout the trial the parties shall have the right to be assisted by a lawyer, either chosen or appointed ex officio . (4) Any interference with the activity of the persons carrying out the defence within legally established limits shall be punishable by the law. Article 27 Right to Free Movement (1) The right to free movement within the country is guaranteed. (2) Eve ry citizen of the Republic of Moldova is guaranteed the right to settle his/her domi ciles or place of residence anywhere within the country, to travel abroad, to emigrate and to re turn to the country. Article 28 Private and Family Life The State shall respect and protect the private and family life. Article 29 Inviolability of Domicile (1) The domicile and place of residence are inviolable. No one may enter upon or stay on the premises of a domicile without the consent of the owner. (2) The law sh all allow for derogation from the provisions of para. (1) under the following circumstances: a) to carry into effect an arrest warrant or a sentence of a court of law; b) to eliminate an imminent danger threatening the life, physical integrity or belongi ngs of an individual; c) to prevent the spread of an epidemic disease. (3) Searches and investigations on the scene shall be ordered and carried out only under the law. (4) House searches at night are forbidden ex cept for the cases of a flagrant misdemeanour. Article 30 Privacy of Correspondence (1) The State shall ensure the privacy of let ters, telegrams, other postal dispatches, tele phone conversations and other legal means of communication. (2) The provisi ons of para. (1) may only be derogated from by law when this becomes necessary in the interest of national security, eco nomic welfare of the country, public order and prevention of offences. [Art. 30 para.(2) introduced by the Law no.351 -XV of 12.07.01, MO no.90 -91/02.08.01, art.699] Article 31 Freedom of Conscience (1) The freedom of conscience shall be guaranteed, and its manifestations should be in a spirit of tolerance and mutual respect. (2) The freedom of religious cults shall be guaranteed and they shall organise themselves according to their own statutes, under the law. (3) In their mutual relationships religious cults are forbidden to use, express or incite to hatred or enmity. (4) Religious cults shall be autonomous, separated from the Sta te and shall enjoy the sup port of the latter, here included any facilitation for the religious assistance in the army, hospi tals, prisons, asylums and orphanages. Article 32 Freedom of Opinion and Expression (1) Every citizen shall be guaranteed the freedom of thought and opinion, as well as the freedom of expression in public by way of word, image or any other means possible. (2) The freedom of expression may not harm the honor, dignity or the rights of other people to have and express their own opinions or judgments. (3) The law shall forbid and prosecute all ac tions aimed at denying and slandering of the State and people, i nstigation to sedition, war of aggression, national, racial or religious ha tred, incitement to discrimination, territorial separatism, public violence, or other manifes tations encroaching upon the constitutional order. Article 33 Freedom to Create (1) The freedom to create scientific and ar tistic works is guaranteed. Creative work shall not be subject to censorship. (2) The right of citizens to intellectual property, their material and moral interests related to various types of intellectual creation shall be protected by the law. (3) The State shall contribute to the preser vation, development and propagation of na tional and world achievements in culture and science. Article 34 Right of Access to Information (1) The right of a person to have ac cess to any kind of information of public interest shall not be curtailed. (2) Public authorities, according to their as signed competence, shall be committed to en sure that citizens are correctly informed both on public affairs and issues of personal in terest. (3) The right of access to information shall not prejudice neither the measures taken to protect the citizens nor the national security. (4) The State and private public media shall be bound to provide the correct information of the public opinio n. (5) The public media shall not be subject to censorship. Article 35 Right to Education (1) The right to education shall be ensured by way of compulsory comprehensive school system, by secondary education and vocational education, higher education sy stem, as well as by other forms of education and continuous training. (2) The State shall ensure, according to the law, the right to choose the language of educa tion and training of persons. (3) The study of the official language shall be ensured within all types of educational institu tions. (4) State public education is free of charge. (5) Educational institutions, including those that are not financed by the State, shall be es tablished and shall operate according the law. (6) Institutions of highe r education shall en joy the right to autonomy. (7) The state secondary, vocational and higher education shall be accessible to everyone on the basis of personal merits. (8) The State shall ensure, according to the law, the freedom of religious education. The State education system is laic. (9) The parents have prior right to choose the appropriate field of education for their children. Article 36 Right to Health Protec tion (1) The right to health protection is guaran teed. (2) The minimum health insurance provided by the State shall be free of charge. (3) The structure of the national health secu rity system and the means aimed at protecting the physical and mental h ealth of the individual shall be provided for by organic law. Article 37 Right to a Healthy Environment (1) Every individual has the right to live in an ecologically safe and healthy environment, to consume healthy food and to use harmless household app liances. (2) The State shall guarantee to every indi vidual the right to free access and dissemina tion of the trustworthy information regarding the state of the natural environment, living and working conditions and the quality of food and household appliances. (3) Concealment or distortions of informa tion regarding the elements that are harmless to human health are prohibited by the law. (4) Private individuals and legal entities are liable for the damages caused to a person’s health and property due to ecological infringe ments. Article 38 Right to Vote and Right to Stand for Election (1) The will of the people shall constitute the basis of the State power. This will is expressed by free elections which are periodically con ducted by way of a universal, equal, direct, se cret and freely expressed ballot. (2) The citizens of the Republic of Moldova having attained the age of 18 on or by the vot ing day inclusively are entitled to vote, except for the persons banned from voting by the law. (3) The right to stand for election is guaran teed to all citizens of the Republic of Moldova enjoying the right to vote, according to the law. Article 39 Right of Take Part in Administration (1) Citizens of the Republic of Moldova shall enjoy the right to take part in the administra tion of public affairs directly, as well as by way of their representatives. (2) The access to a public office shall be guaranteed, according to the law, to any citizen of the Republic of Moldova. Article 40 Freedom of Assembly Meetings, demonstrations, manifestations, processions or any other assembly are free and may be organised and conducted only peacefully and without the use of any kind of weapon. Article 41 Freedom of Parties and Other Socio -Politica l Organisations (1) All citizens are free to associate in parties and other socio -political organizations. These organisations shall contribute to the definition and expression of the political will of citizens and take part in the election process, accor ding to the law. (2) All parties and other socio -political or ganisations are equal before the law. (3) The State shall ensure the protection of the legitimate rights and interests of parties and other socio -political organisations. (4) Parties and othe r socio -political organizations, which objectives or activities are the engagement in fighting against political pluralism, the principles of the rule of law, sovereignty, independence and territorial integ rity of the Republic of Moldova are declared unco nstitutional. (5) Any secret associations shall be forbid den. (6) The operation of parties consisting of foreign citizens shall be forbidden. (7) Public offices the holders of which may not join political parties are laid down by or ganic law. Article 42 Right to Establish and Join Trade Unions (1) Any employee shall enjoy the right to es tablish and join a trade union in order to defend his/her interests. (2) Trade unions are established and operate pursuant to their statutes, according to the law . They contribute to the protection of professional, economic and social interests of employees. Article 43 Right to Work and Labour Protection (1) Every person shall enjoy the right to work, to freely choose his/her profession and workplace, to equitable and satisfactory work ing conditions, as well as to protection against unemployment. (2) All employees shall have the right to so cial protection of labour. The measures of protection shall bear upon labour safety and hygiene, working conditions for women and young people, introduction of a minimum wage per economy, weekly rest and annual paid leave, as well as difficult working condi tions and other specific situations. (3) The length of the working week shall not exceed 40 hours. (4) The righ t to hold labour bargaining and the binding nature of collective agreements is guaranteed. Article 44 Prohibition of Forced Labour (1) Forced labour shall be prohibited. (2) There is not considered forced labour: a) any service of military nature or activities performed instead thereof by those who, ac cording to the law, are exempted from compul sory military service; (b) the work of a sentenced person, carried out under normal conditions within the period of detention or of conditional release; (c) services required to deal with calamities or other dangers as well as those which are part of normal civil obligations, laid down by the law. Article 45 Right to Strike (1) The right to strike is acknowledged. Strikes may be unleashed only with the view of protecting the economic, social and profes sional interests of employees. (2) The law shall set forth the conditions governing the exercise of the right to strike, as well as the responsibility for illegal unleash of the strikes. Article 46 Right to Private Property and Its Protection (1) The right to possess private property and the debts incurred by the State are guaranteed. (2) No one may be expropriated except for a matter of public utility, as established by the law, against a fair and previously determined compensation. (3) No assets legally acquired may be seized. The legal nature of the acquirement of assets is presumed. (4) The assets intended for, used or resulted from misdemeanours or offences shall be seized only according to the law. (5) The right to hold private property com mits to the observance of duties on the protec tion of the environment and maintenance of go od neighbourhood, as well as of other duties which, according to the law, are incumbent upon the owner. (6) The right to inherit private property is guaranteed. Article 47 Right to Social Assistance and Protection (1) The State shall be bound to take actions in order that every person has a decent stand ard of living that would ensure him/her and his/her family members health protection and welfare including food, clothing, shelter, medi cal care, as well as necessary social services. (2) All citizen s have the right to be insured in case of: unemployment, disease, disability, widowhood, old age or other situations where, due to causes beyond one’s control, one loses the source or means of obtaining the necessi ties of life. Article 48 Family (1) T he family shall constitute the natural and fundamental element of the society and shall enjoy protection from the State and the society. (2) The family shall be founded on a freely consented marriage between man and woman, on their equality of rights and on the right and obligation of parents to ensure upbringing and education of their children. (3) The conditions to conclude, terminate or void a marriage are laid down by the law. (4) Children have a duty to take care of their parents and to offer necess ary help. Article 49 Protection of Family and Orphaned Children (1) The State shall facilitate, by economic and other actions, formation of families and fulfilment of their assigned duties. (2) The State shall protect motherhood, chil dren and young people, by fostering the development of the required institutions. (3) All the concerns aimed at maintaining, upbringing and educating orphaned children and those deprived of parental care shall be de volved to the State and society. The st ate shall promote and support charitable activities for the benefit of these children. Article 50 Protection of the Mother, of Children and Young People (1) The mother and the child shall enjoy spe cial assistance and protection. All the children, including those born out of wedlock, shall en joy the same social protection. (2) Children and young people shall enjoy a special form of assistance in the pursuit of their rights. (3) The State shall grant allowances neces sary for the children and aids required for the care of sick or disabled children. Other forms of social assistance for children and young people shall be provided by the law. (4) The exploitation of minors and their in volvement in activities which might be injurious to their health, moral conduct, or which might endanger their life or proper develop ment are forbidden. (5) Public authorities shall be bound to se cure appropriate conditions enabling young people to freely take part in the social, eco nomic, cultural and sporting life of the coun try. Article 51 Protection of Disabled Persons (1) The disabled persons shall enjoy special protection from the whole of society. The State shall ensure normal conditions for medical treatment and rehabilitation, education, training and so cial integration of disabled per sons. (2) No one can be subdued to the forced medical treatment unless for the cases provided by the law. Article 52 Right to Lodge Petitions (1) All citizens shall be entitled to refer to public authorities by way of petitions formu lated only on behalf of the signatories. (2) Legally established organizations shall have the right to lodge petitions exclusively on behalf of the bodies they represent. Article 53 Right of the Person Prejudiced by a Public Authority (1) Any person prejudiced in any of his/her rights by a public authority by way of an ad ministrative act or failure to solve a complaint within the legal term, is entitled to obtain ac knowledgement of the declared right, cancella tion of the act and paym ent of damages. (2) The State shall be under patrimonial lia bility as provided by the law for any prejudice caused by way of errors committed in criminal lawsuits by the investigation bodies and courts of law. Article 54 Restrictions on the Exercise of Certain Rights or Freedoms (1) In the Republic of Moldova no law may be adopted which might curtail or restrict the fundamental rights and freedoms of the indi vidual and citizen. (2) The exercise of the rights and freedom s may not be subdued to other restrictions un less for those provided by the law, which are in compliance with the unanimously recognised norms of the international law and are requested in such cases as: the defence of national se curity, territorial inte grity, economic welfare of the country, public order aiming at preventing mass riots and crimes, protection of the rights, freedoms and dignity of other persons, preven tion of disclosing confidential information or the guarantee of the power and impartial ity of justice. (3) The provisions under para. (2) does not allow the restrictions of the rights laid down in Articles 20 -24. (4) The restriction has to be proportionate to the situation that caused it and shall not affect the existence of the right or f reedom. [Art. 54 amended by the Law no.351 -XV of 12.07.01, MO no.90 -91/02.08.01, art.699] CHAPTER III FUNDAMENTAL DUTIES Article 55 Exercise of Rights and Freedoms Any persons shall exercise his/her constitu tional rights and freedoms in good faith, with out any infringement of the rights and liberties of the others. [Art. 55 amended by the Law no.351 -XV of 12.07.01, MO no.90 -91/02.08.01, art.699] Article 56 Faithfulness to the Country (1) Faithfulness to the country is sacred. (2) Citizens entrusted with holding of public offices, as well as military personnel, are ac countable for the loyal fulfilment of their duties towards the state, and in cases provided by the law shall take the oath as required by the law. Article 57 Defence of Motherland (1) The defence of motherland is a sacred right and duty of each citizen. (2) The national armed forces constitute the framework for performing military services, for national defence, guarding the borders, and maintaining public ol der, according to the law. Article 58 Financial Contributions (1) Citizens have the obligation to contribute by way of duties and taxes to public expendi tures. (2) The system of legal taxation must ensure a fair distribution of the tax burdens. (3) Any other dues are prohibited, save for those determined by the law. Article 59 Protection of the Environment and Monuments The protection of environment and the preservation of historical and cultural monuments constitutes a duty of each citizen. Title III PUBLIC AUTHORITIES CHAPTER IV PARLIAMENT First Section ORGANISATION AND FUNCTIONING Article 60 Parliament – the Supreme Representative and Legislative Authority (1) Parliament is the supreme representative body of the people of the Republic of Moldova and the sole legislative authority of the State. (2) Parliament is composed of 101 members. Article 61 Parliament Elections (1) The members of Parliament sha ll be elected by universal, equal, direct, secret and freely expressed ballot. (2) The organic law shall establish the proce dure for organizing and holding elections. (3) The election of members of Parliament is hold no later than within 3 months follow ing the expiration of the mandate or the dissolu tion of the previous Parliament. Article 62 Validation of Mandate of the Member of Parliament Upon the proposal submitted by the Cen tral Electoral Commission, the Constitution al Court rules either on the validation of the mandate of the Member of Parliament, or on invalidation whenever electoral legislation has been infringed. Article 63 Term of Office (1) The Parliament shall be elected for a 4 -year term of office, which m ay be extended by organic law, in the event of war or national disaster. (2) Parliament convenes in session upon the summons of the President of the Republic of Moldova within 30 days at the most from the election date. (3) The mandate of the Parliament shall be prolonged until the legal convocation of the newly elected composition. During this period no amendment may be brought to the Con stitution and no organic law may be adopted, amended or repelled. (4) The draft laws or legislative initiatives cont ained in the agenda of the previous Parliament shall be carried on by the new Parlia ment. Article 64 Internal Organisation (1) The structure, organisation and functioning of Parliament is established by internal regulations. The financial resources o f Parlia ment are foreseen in the budget approved by the latter. (2) The President of Parliament shall be elected by secret ballot with the majority of votes cast by members elected for the tenure of the mandate of Parliament. The President of Parliament may be revoked any time by secret ballot of Parliament, with a majority of at least two -thirds of votes of all its members. (3) Vice -presidents of Parliament are elected upon the proposal of the President of Parlia ment upon consultations with parliamenta ry fractions. Article 65 Openness of Sessions (1) The sessions of Parliament are public. (2) Parliament may decide to hold certain sessions behind closed doors. Article 66 Basic Powers The Parliament shall be vested with the fol lowing basic powers: a) adopts laws, decisions and motions; b) declares the holding of referenda; c) provides legislative interpretations and ensures unanimity of legislative regulation throughout the country; d) approves the main directions of internal and external policy of the State; e) approves the state military doctrine; f) exercises parliamentary control over executive power in the manners and within the limits provided for by the Constitution; g) rati fies, terminates, suspends and repeals international treaties concluded by the Repub lic of Moldova; h) approves the State budget and exercises control over it; i) supervises upon the allocation of State loans, upon any aid of economic or other nature gr anted to foreign countries, upon the conclusion of agreements concerning State loans and credits obtained from foreign sources; j) elects and appoints State officials, in cases provided by the law; k) approves the orders and medals of the Re public of Mo ldova; l) declares partial or general mobilization of the armed forces; m) declares the state of national emergency, martial law and war; n) initiates investigations and hearings con cerning any matters touching upon the interests of the society; o) su spends the activity of bodies of local public administration, in cases provided by the law; p) adopts acts on amnesty; q) carries out other powers, as provided for by the Constitution and by the laws. Article 67 Parliament Sessions (1) Parliament is convened in two ordinary sessions per year. The first session starts in February and may not last beyond the end of July. The second session shall start in Septem ber and may not last beyond the end of De cember. (2) Parliament may also be convened in extraordinary or special sessions upon the request of the President of the Republic of Moldova, of the President of Parliament or of one -third of its members. Second Section STATUS OF THE MEMBERS OF PARLIAMENT Article 68 Representative Mandate (1) In the exercise of their mandate the members of Parliament are in the service of the people. (2) Any imperative mandate is deemed null and void. Article 69 Mandate of the Members of Parliament (1) The members of Parliament start exercis ing their mandate under the condition of prior validation. (2) The powers ascribed to any Member of Parliament cease with the lawful assembly of the newly -elected Parliament, on resignation on the part of that member, on withdrawa l of the mandate, in cases of incompatibility or death. Article 70 Incompatibilities and Immunities (1) The office of the Member of Parliament is incompatible with the holding of any other remunerated position, except for didactic and scientific activities. [Art. 70 para.(1) amended by the Law no. 1470 -XV of 21.11.02, MO no.169/12.12.02, art.1292] (2) Other incompatibilities shall be estab lished by organic law. (3) The Member of Parliament may not be apprehended, arrested, searched, except for the cases of flagrant misdemeanour, or sued at law without the prior consent of the Par liament and upon hear ing of the member in question. Article 71 Independence of Opinion Members of Parliament may not be prosecuted or held legally liable for their votes or opinions expressed in the exercise of their man date. Third Section LEGISLATION Article 72 Categories of Laws (1) Parliament is endowed to adopt constitu tional, organic and ordinary laws. (2) Constitutional laws are aimed at revising the Constitution. (3) The organic laws shall govern: a) electoral system; b) organisation and carrying out of referen dum; c) organisation and functioning of Parlia ment; d) organisation and functioning of the Government; e) organisation and functioning of the Con stitutional Court, the Superior Council of Magistracy, courts of general and administra tive ju risdiction; f) organisation of local administration, of the territory, as well as the general regulation of lo cal autonomy; g) organisation and functioning of political parties; h) procedure for establishing exclusive eco nomic zones; i) general legal regulation of private property and inheritance; j) general regulation of labour relationships, trade -unions and social protection; k) general organisation of the education sys tem; l) general regulation of religious cults; m) regulation of the state o f national emer gency, martial law and war; n) criminal offences, punishments and the procedure of their execution; o) granting of amnesty and pardon; p) other fields where the Constitution pro vides for the necessity of adopting organic laws; r) other fields where the Parliament recom mends the passing of organic laws. (4) The ordinary laws shall intervene in any field of social relationships, except for the spheres regulated by constitutional and organic laws. Article 73 Legislative Initiative The right to legislative initiative is attributed to the members of Parliament, the President of the Republic of Moldova, the Government and the People’s Assembly of the autonomous territorial -unit of Găgăuzia. [Art. 73 amended by the Law no. 344 -XV of 25.07.03, MO nr.170 -172/08.08.03, art.721] Article 74 Passing of Laws and Decisions (1) Organic laws shall be adopted by the vote of the majority of the elected members of Par liament, following at least two readings. (2) Ordinary laws and decisions are adopted by vote of the majority of present members of Parliament. (3) The draft laws submitted by the Govern ment, as well as legislative initiatives brought forward by the members of Parliament and accepted by the Gove rnment are examined by the Parliament in the manner and according to the priorities established by the Government, including in the emergency procedure. Other legislative initiatives shall be examined in the established manner. [Art. 74 para.(3) introduce d by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661; para. (3) became para. (4)] (4) The laws are submitted to the President of the Republic of Moldova for promulgation. Article 75 Referendum (1) Problems of utmost importance con fronting the Moldovan society and State shall be resolved by referendum. (2) The decisions adopted according to the results of the republican referendum shall have supreme legal power. [Rectification introduced by the MO no. 10/20.10.94 (Art. 75 was supplemen ted with para.(2))] Article 76 Coming into Effect of the Law The law shall be published in “Monitorul Ofi cial al Republicii Moldova” [“Official Gazette of the Republic of Moldova” ] and shall come into effect either on the date of their publication or on the date specified in its text. Unless pub lished, the law is deemed non -existent. CHAPTER V PRESIDENT OF THE REPUBLIC OF MOLDOVA Article 77 President of the Republic of Moldova -Head of the State (1) The President of the Republic of Moldova shall be the Head of the State. (2) The President of the Republic of Mol dova shall represent the State and shall be the guarantor of national sovereignty, independence, of the unity and territorial integrity o f the State. Article 78 Election of the President (1) The President of the Republic of Moldova is elected by freely -expressed, universal, equal, direct, and secret suffrage. (2) Any citizen of the Republic of Moldova may run for the office of President of the Re public of Moldova, provided that he/she has the right to vote and is over 40 years of age, had lived or has been living permanently on the territory of the Republic of Moldova for no less than 10 years and speaks the official state language. (3) The candidate obtaining at least half the votes cast in the presidential election shall be proclaimed as the new President. (4) If after the first ballot no candidate will have obtained the above -mentioned majority of votes, a second ballot shall be hel d to choose from the first -placed two candidates, in the order of the number of votes cast for them in the first ballot. On condition that the number of the votes cast for him be bigger than the number of the votes cast against him, the candidate obtaining most of the votes cast in the second ballot shall be proclaimed as the new President. (6) The procedure for the election of the President of the Republic of Moldova shall be provided for by organic law. [Art. 78 paras.(1), (3) and (4) revived based on t he Judgment of the Constitutional Court no. 7 of 04 March 2016] [Art. 78 amended by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] Article 79 Validation of the Mandate and Taking the Oath (1) The Constitutional Court shall validate the result of election for the office of the Presi dent of the Republic of Moldova. (2) Within 45 days at the most following the election, the successful candidate whose elec tion has been validated shall take the following oath before Parliament and the Constitutional Court: “I solemnly swear to devote all my personal strength and abilities to the prosperity of the Republic of Moldova, to abide by the Consti tution and the laws of the country, to defend democracy, fundamental human rights and freedoms, t he sovereignty, independence, unity and territorial integrity of Moldova” Article 80 Term of Office (1) The mandate of the President of the Re public of Moldova shall have a 4 -year tenure which shall start on the oath -taking day. (2) The President of the Republic of Mol dova shall exercise his/her mandate until the newly elected President is sworn in. (3) The mandate of the President of the Re public of Moldova may be prolonged, by or ganic law, in the event of war or calamity. (4) No person may disc harge the duties of the President of the Republic of Moldova un less for two consecutive mandates at the most. [Art. 80 para. (4) introduced by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] Article 81 Incompatibilities and Immunities (1) The office of the President of the Repub lic of Moldova shall be incompatible with the holding of any other remunerated position. (2) The President of the Republic of Moldova shall enjoy immunity. The President of the Republic of Moldova shall not be held legally liable for the opinions expressed in the exercise of his/her mandate. (3) Based on the majority of at least two thirds of the votes cast by its members, the Par liament may decide to indict the President of t he Republic of Moldova in the event the lat ter commits an offence. The Supreme Court of Justice shall be ascribed the power of prosecution under the law. The President shall be legally removed from office at the date of ulti mate delivery of the court sen tencing. [Article 82 repealed by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] [Article 83 repealed by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] Article 84 Messages (1) The President of the Republic of Moldova may attend the Parliament working sessions. (2) The President of the Republic of Mol dova addresses the Parliament with messages related to the main issues of national interest. Article 85 Dissolution of Parliament (1) In the event of impossibility to form the Government or in case of blocking up the pro cedure of adopting the laws for a period of 3 months, the President of the Republic of Mol dova, following consultations with parliamen tary fractions, may dissolve the Parliament. (2) The Parliament may be dissolved, if it has not accepted the vote of confidence for setting up of the new Government within 45 days fol lowing the first request and only upon declin ing at least two requests o f investiture. (3) The Parliament may be dissolved only once in the course of one year. (4) The Parliament may not be dissolved within the last 6 months of the term of office of the President of the Republic of Moldova nor during a state of emergency, martial law or war. [Art. 85 para.(4) amended based on the Judgment of the Constitutional Court no. 7 of 04 March 2016] ] [Art. 85 para. (4) amended by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] Article 86 Powers in the field of Foreign Policy (1) The President of the Republic of Moldova shall be empowered to hold official negotiations, conclude international treaties on behalf of the Republic of Moldova and to submit them, in the manner and term establishe d by the law, to the Parliament for ratification. (2) Upon proposal of the Government, the President of the Republic of Moldova accredits and recalls diplomatic representatives of the Republic of Moldova, as well as approves the setting up, cancellation o r changing of the ranking of diplomatic missions. (3) The President of the Republic of Moldova receives the letters of accreditation and of recall of foreign diplomatic representatives in the Republic of Moldova. Article 87 Powers in the Field of Natio nal Defence (1) The President of the Republic of Moldova is the Commander -in-Chief of the armed forces. (2) Upon prior approval of Parliament, the President of the Republic of Moldova may declare partial or general mobilization of the armed forces. (3) In the event of armed aggression against the country, the President of the Republic of Moldova shall undertake the necessary steps to repulse the aggression, as well as he shall de clare a state of war and acknowledge this state of affairs to the Parliamen t without delay. If the Parliament is not in session, it shall be legally convened within 24 hours from the aggression unleash. (4) The President of the Republic of Mol dova may take other due measures to ensure national security and public order within t he limits and according to the law. Article 88 Other Powers The President of the Republic of Moldova also fulfils the following duties: a) awards decorations and titles of honour; b) awards supreme military ranks as provided for by the law; c) settle s the issues on the citizenship of the Republic of Moldova and grants political asy lum; d) appoints public officials, in terms provided for by the law; e) grants individual pardon; f) may request the people to express their will on matters of national interest by way of referendum; g) awards diplomatic ranks; h) confers superior degrees of qualification to officers holding positions within prosecuting bodies, courts of law and to o ther categories of civil servants, according to the law; i) suspends the acts of the Government which are contrary to the legislation until the delivery of the final judgment of the Constitu tional Court; [Rectification introduced by the MO no.1, part II of 19.08.1994 (Art. 88 was supplemented with section i); section i) becomes section j))] j) exercises other powers as provided for by the law. Article 89 Suspension from Office (1) In case of committing serious offenses infringing upon constitutional provisions, the President of the Republic of Moldova may be suspended from office by the Parliament with the vote of two - thirds of its members. (2) The motion requesting the suspe nsion from office may be initiated by at least one third of the members, and it must be brought to the knowledge of the President without delay. The President may give explanations on the actions for which he is being censured before Parliament. (3) If th e motion requesting suspension from office meets with approval, a national referendum shall be organized within 30 days to remove the President from office. [Art. 89 revived based on the Judgment of the Constitutional Court no. 7 of 04 March 2016] [Art. 89 amended by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] Article 90 Vacancy of Office (1) The vacancy of office of the President of the Republic of Moldova shall be declared as consequence of expiry of the mandate, resig nation, removal from office, definite impossi bility of executing his/her functional duties or death. (2) The request for resignation of the Pres ident of the Republic of Moldova is brought before the Parliament, which shall express its opinion over it. (3) The impossibility of the President of the Republic of Moldova to exercise his/her duties for more than 60 days shall be confirmed by the Constitutional Court within 30 days from the date of the submission of application. [Art. 90 para. (3) introduced by the L aw no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] (4) Within 2 months following the date of vacancy of office of the President of the Republic of Moldova, new presidential elections shall be conducted, according to the law. [Art. 90 para. (4) m odified by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] Article 91 Interim Office In the event the office of the President of the Republic of Moldova becomes vacant or the President has been removed, or finds himself/ herself in temporary impossibility to execute his/her duties, the interim office shall be en sured, in the given order, by the President of the Parliament or by the Prime Minister. [Art. 91 modified by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] Article 92 Responsibility of the Interim President Should the person acting as interim President of the Republic of Moldova commit grave of fences infringing upon the constitutional pro visions, Article 89, para. (1) and Article 91 is applied. Article 93 Promulgation of Laws (1) The President of the Republic of Moldova promulgates the laws. (2) The President of the Republic of Moldova is entitled, whenever he has certain objections regarding a law, to submit it within two weeks at the most to the Parliament for reconsideration. Should the Parliament abide by its previously adopted decision, the President promulgates the law. Article 94 Acts of the President (1) In the exercise of his/her powers, the President of the Republic of Moldova issues decrees which are mandatory enforceable throughout the entire territory of the State. The decrees are published in “Monitorul Oficial al Republicii Moldova” . (2) The decrees issued by the President in the exercise of the powers laid down in