Moldova is a landlocked country in Europe, bordering Romania and Ukraine. The population of this country is approx 25,12,000 with 33,843 square kilometers area. The national and official language is Romanian. Ethnically, 82% are Romanian, 6.5% are Ukrainian, 4.5% are Gagauz, 4% are Russian. 92% are Christians, almost all of them are Eastern Orthodox.
Moldovan constitution is very average. It mentions separation of powers, equal rights for all citizens, protection from illegal intrusion into homes, privacy of communication, right to healthy environment, prohibition of forced labour, protection of orphans and physically challenged, protection of property etc. But the most interesting provision is that the maximum working hours per week is 40 hours.
These are positive aspects. Now let's discuss the negative aspects. The period of preventive arrest shall not exceed 72 hours. Where arrest should be made only directly from the crime scene and in connection with the case, but there 72 hours!
Admirable Articles of Moldova's Constitution
Article 2. Sovereignty and State power
● National sovereignty resides with the people of the Republic of Moldova, who shall directly and through its representative bodies exercise it in the manners provided for by the Constitution.
● Neither an individual person or a group of people, nor a social group, a political party or any other public organization may exercise the State power on their own behalf. The usurpation of the State power shall constitute the gravest crime against the people.
Article 6. Separation and cooperation of powers
In the Republic of Moldova the legislature, the executive and the judiciary shall be separate and cooperate in the exercise of the assigned prerogatives pursuant to the provisions of the Constitution.
Article 16. Equality
● The foremost duty of the State shall be the respect and protection of human person.
● All citizens of the Republic of Moldova shall be equal before the law and public authorities, regardless of the race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, property or social origin.
Article 22. Non-retroactivity of the law
No one shall be sentenced for actions or drawbacks, which did not constitute an offence at the time they were committed. No punishment 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 rights and duties
● Every one shall have the right to an acknowledged legal status.
● The State shall ensure the right of everyone to be aware of his/her rights and duties. For this purpose, the State shall publish and make accessible all the laws and other normative acts.
Article 29. Inviolability of domicile
● The domicile and place of residence shall be inviolable. No one may enter or remain within the premises of a person's domicile or place of residence without his/her consent.
● The law shall allow the derogation from the provisions of paragraph (1) under the following circumstances:
● for carrying into effect of an arrest warrant or a court sentence;
● for forestalling of an imminent danger threatening a person's life, physical integrity and belongings;
● for preventing the spreading of an epidemic disease.
● Searches and investigations on the spot shall be ordered and carried out only under the terms of law.
● House searches at night shall be forbidden except for the cases of a flagrant misdemeanour.
Article 30. Privacy of correspondence
● The State shall ensure the privacy of letters, telegrams and other postal despatches, as well as of telephone calls and other legal means of communication.
● The law shall allow the derogation from the provisions of paragraph (1) in cases the latter is required in the interests of national security, state economic welfare, public order and offence prevention.
Article 37. Right to a healthy environment
● Every human being shall have the right to live in an ecologically safe and healthy environment, to consume healthy food products and to use harmless household appliances.
● The State shall guarantee to anyone the right of free access and dissemination of the truthful information related to the environment state, living and working conditions, and the quality of food products and household appliances.
● Concealment or forgery of the information regarding the factors detrimental to human health shall be prohibited by law.
● Natural and legal entities shall be held liable for the damages caused to a person's health and property due to ecological trespasses.
Article 43. Right to work and labour protection
● Every person shall benefit by the right to work, to freely choose his/her profession and workplace, and to equitable and satisfactory working conditions, as well as to the protection against unemployment.
● All employees shall have the right to social protection of labour. The protecting measures shall bear upon the labour safety and hygiene, working conditions for women and young people, the introduction of a minimum wage per economy, week-ends and annual paid leave, as well as difficult working conditions and other specific situations.
● The length of the working week shall not exceed 40 hours.
● The right to hold labour bargaining and the binding nature of collective agreements shall be guaranteed.
Article 44. Prohibition of forced labour
● Forced labour shall be prohibited.
● It shall not be regarded as forced labour:
● any service of military character or activities performed in lieu thereof by those who, under the law, are exempted from compulsory military service;
● the work of a sentenced person, carried out under normal conditions, during detention or conditional release;
● services such as required to deal with calamities or other dangers, as well as those which are part of normal civil obligations, as foreseen by law.
Article 48. Family (Part of it)
● The family shall represent the natural and fundamental factor of the society, and shall enjoy the State and society protection.
● The family shall be founded on a freely consented marriage between a husband and wife, on their full equality in rights and the parents' right and obligation to ensure their children's upbringing, education and training.
● Children shall pledge to take care of their parents and support them in need.
Article 49. Protection of family and orphaned children (Part of it)
● All the concerns aimed at maintaining, upbringing and educating the orphaned children and those deprived of parental care shall be devolved to the State and society. The State shall promote and support the charitable activities for the benefit of these children.
Article 50. Protection of mothers, children and young people (Part of it)
● Mothers and children shall benefit by special assistance and protection. All the children, including those born out of wedlock, shall enjoy the same social protection.
● The State shall grant the necessary allowances for children and benefits required for the care of sick or disabled children. Other forms of social assistance for children and young people shall be provided for by law.
● Public authorities shall be bound to secure appropriate conditions enabling young people to freely take part in the social, economic, cultural and sporting life of the country.
Article 51. Protection of disabled persons
● 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 social integration of disabled persons.
● No one can be subdued to the forced medical treatment unless for the cases foreseen by law.
Article 71. Independence of opinion
The Parliament members may not be prosecuted or held legally responsible for their votes or opinions expressed in the exercise of their mandate.
Article 127. Property (Part of it)
● All the underground resources, airspace, waters and forests used to the benefit of the public at large, natural resources of the economic regions and continental shelf, lines of communication, as well as other domains stipulated by law, shall constitute the exclusive province of the public property.
Article 130. Financial and crediting system (Part of it)
● The formation, administration, utilization and control of financial resources of the State, the territorial-administrative units and public institutions shall be regulated under the terms of law.
Facts of Moldova's Constitution
Preamble
REASSERTING our devotion to overall human values and desire to live in peace and harmony with all world-wide peoples, in compliance with the unanimously acknowledged principles and norms of the international law,
We herewith adopt the Constitution of the Republic of Moldova, and declare it as the SUPREME LAW OF OUR SOCIETY AND STATE.
Article 13. State language, use of other languages
● The State language in the Republic of Moldova is the Moldavian language, and its writing is based on the Latin alphabet
● The State shall acknowledge and protect the right to the preservation, development and use of the Russian language and other languages spoken within the territory of the State.
● The State shall facilitate the study of languages of widespread international usage.
● The manner of functioning of languages within the territory of the Republic of Moldova shall be established by organic law.
Article 25. Individual freedom and security of person (Part of it)
● The period of detention in custody may not exceed 72 hours.
Article 111. Autonomous territorial - unit of Gagauzia
● Gagauzia is an autonomous territorial-unit having a special statute and representing a form of self-determination of the Gagauzian people, shall constitute an integrant and inalienable part of the Republic of Moldova and shall independently solve, within the limits of its competence, pursuant to the provisions of the Republic of Moldova Constitution, in the interest of the whole of society, the political, economic and cultural issues.
● On the territory of the autonomous territorial-unit of Gagauzia all the rights and liberties foreseen by the Constitution and the legislation of the Republic of Moldova shall be guaranteed.
● Within the autonomous territorial-unit of Gagauzia shall operate representative and executive bodies according to the law.
● The soil, subsoil, waters, flora and fauna, as well as other natural resources on the territory of the autonomous territorial-unit of Gagauzia shall belong to the people of the Republic of Moldova and shall simultaneously constitute the economic basis of Gagauzia.
● The budget of the autonomous territorial-unit of Gagauzia shall be formed in conformity with the terms established by the law, which governs the special statute of Gagauzia.
● The control over the observance of the Republic of Moldova legislation within the autonomous territorial-unit of Gagauzia shall be performed by the Government under the terms of the law.
● Organic laws that govern the special statute of
the autonomous territorial-unit of Gagauzia may be amended based on the
vote of three fifths of the elected Parliament members.
