The Parliament herewith adopts the present law.
Art. 1.
(1) In accordance with the Constitution, art.115, with art. III, para. (7) of the final and transitory provisions of the law on the judicial organization art.15, the judicial system is reorganized as follows:
a) the Supreme Court is reorganized as the Supreme Court of Justice with the headquarters in the Chisinau municipality;
b) the Arbitration Chamber is reorganized in accordance with the legislation that regulates the activity of economic courts;
c) the Military Tribunal is reorganized as the Military Court with the headquarters in the Chisinau municipality;
d) The Court of Appeal with the headquarters in the Chisinau municipality and the tribunals with the headquarters in the Chisinau, Balti, Bender municipalities and in the cities of Cahul and Comrat are created, as a result of the reorganization of the Supreme Court, of the Military Tribunal and of the people’s district (city) courts;
e) The people’s district (city) courts are reorganized as:
- Sector courts;
- Municipal courts of Bali, Bender and Tiraspol.
(Letter e) as amended by the Law no.762-XIV from 24.12.99)
(2) The circumscription of the courts listed in par. (1), letter e) is established in accordance with the administrative-territorial organization of the Republic of Moldova.
(3) The Court of Appeal conducts its activity in accordance with the legislation in force.
(4) The tribunals of the Chisinau, Balti, and Bender municipalities conduct their activity in civil and criminal chambers, and the tribunals from the cities of Cahul and Comrat conduct their activity by means of judicial panels, named “the collegium of the tribunal”.
(Para. 4 art.1 as amended by the Law no.762-XIV from 24.12.99)
Art. 2.
(1) The Supreme Court conducts its activity in the present composition until the outset of the functioning of the reorganized judicial system, simultaneously fulfilling the duties of the Supreme Court of Justice as the supreme court of law in cases provided by the Constitution and the legislation in force.
(2) The Military Tribunal and the people’s district (city) courts conduct their activity in the present composition until the outset of the functioning of the reorganized judicial system.
Art. 3.
(1) The reorganization of the judicial system shall be concluded on the 27th of August 1996.
(2) The reorganized judicial system shall begin its functioning on the 27th of August, 1996 with the number of judges established in the Attachment, constitutive part of the present Law.
(3) At the proposal of the High Council of Magistracy, until the 27th of August, 1996, the presidents, deputy-presidents and judges of the courts of law enumerated in Art. 1, par (1) shall be transferred, or, as the case might be, appointed by means of transfer, continuing, though, to exercise their previous prerogatives until the date mentioned above.
Art. 4.
(1) The judges of the Supreme Court who meet the requirements for appointment shall be nominated to the Supreme Court of Justice, and the others will be transferred, with their consent, to the Court of Appeal, the tribunals and courts.
(2) The judges of the Military Tribunal who meet the requirements for appointment shall be nominated to the Military Court, and the others will be transferred, with their consent to other courts.
(3) Some judges of the people’s courts will be transferred, with their consent, to hierarchically superior courts of law.
Art. 5.
(1) The public servants of the Supreme Court shall be employed in a preferential manner to the Supreme Court of Justice to their respective positions.
(2) The public servants of the Military Tribunal shall be employed in a preferential manner to the Military Court to their respective positions.
(3) In case of transfer, as the result of the judicial reorganization, to positions with a lower salary, the public servants shall enjoy the salary of the previous position for 3 months from the date of the transfer.
(4) Within 2 months from the date of approval of the present Law, the other public servants will be transferred, with their consent, to the Court of Appeals, tribunals, and courts.
Art. 6. – The judges elected deputies to the Parliament, as judges to the Constitutional Court, to the local public administration authorities, as well as to other elective bodies of the public authorities, enjoy, after the reorganization of the judicial system, the right to be employed in a court of law, in accordance with the legislation that regulates the status and activity of the enumerated public authorities.
Art. 7.
The movable and immovable assets of the Supreme Court, that of the Military Tribunal is handed over, respectively, to the Supreme Court of Justice and to the Military Court.
Art. 8.
The files and other documents from the archives of the Supreme Court and the archives of the Military Tribunal at the date of the outset of the new judicial system, as well as those examined during the transition period by the mentioned court of laws, shall be handed over for keeping, respectively, to the archives of the Supreme Court of Justice and the archives of the Military Court.
Art. 8/1.
(1) The judges that conduct their activity in the name of the courts Grigoriopol, Ribnita and Slobozia districts on the respective territory of the courts of the Central sector of Chisinau, the Rezina and Stefan Voda districts, shall consider cases on administrative, civil and criminal matters both from the circumscription of the court in the name of which they conduct their activity, and from the circumscription of the court on the territory of which they conduct their activity.
(2) The judgments adopted under the presidency of the judges that conduct their activity in the name of the courts of the Camenca, Dubasari, Grigoriopol and Rabnita districts can be challenged by means of appeal or cassation in the tribunal of the Chisinau municipality.
(Article 8/1 introduced by the Law no.1043-XIII from 17.12.96).
Art. 9.
(1) The administrative, civil and criminal cases that, on the 27th of August, 1996, are under consideration in first instance are handed over, for consideration, to the competent courts of law. The acts and proceedings that took place before the mentioned date, in accordance with the previous legislation, remain in force.
(2) In case as a result of the reorganization of the judicial system, judges have been transferred or were to be dismissed during the consideration of some criminal cases that, on the 27th of August, were in their final stage, their mandate is maintained until the respective cases are closed.
(Para. (2) introduced by the Law no. 1043-XIII from 17.12.96)
(3) The judgments that became final before the 27th of August, 1996 can be subject to the extraordinary ways of appeal.
(4) The civil judgments that became final before the 27th of August can be appealed by means of appeal in cassation to the Supreme Court of Justice by the Prosecutor General and his/her deputies in case of violations of the substantive or procedural legal provisions, retaining the right to request the civil file and to suspend the execution of the judgment in question.
(5) The civil judgment issued in first instance by the courts of law after the 27th of August, 1996, and before the entry into force of the Law nr. 942-XIII from the 18th of July 1996 regarding the amendments to the Civil Procedure Code are subject to appeal in accordance with the mentioned provisions. In this case, the time period for appealing the decisions starts running from the date of entry into force of the Law regarding the amendment of the Law nr. 1043-XIII from the 17th of December, 1996 on the reorganization of the judicial system.
(Para. (5) introduced by the Law no. 1043- XIII from 17.12.96)
Art. 9/1.
(1) The judgments adopted under the circumstances indicated in Article 9 para. (2) are issued by the competent court of law which has jurisdiction over the respective case, in accordance with the provisions of the Criminal Procedure Code in the version from the 17th of December, 1996.
(2) The judgments indicated in para. (1) can be subject to the ordinary and extraordinary ways of appeal provided by the Criminal Procedure Code in the version from the 17th of December, 1996.
(3) The appeals and cassation appeals against the judgments delivered in accordance with this article shall be considered by the court of law hierarchically superior to the one that considered the case in question.
Art. 10.
The cassation appeals on administrative, civil and criminal cases that are under way on the 27th of August, 1996, are considered appeals or recourses and are handed over to the competent courts of law.
Art. 11.
(1) The cassation appeals under supervision that are under way on the 27th of August, 1996, are handed over to the competent courts of law.
(2) The motions of the citizens and legal persons against the final decisions on civil matters that, on the 27th of August, 1996, were considered by the Supreme Court in order of supervision, are considered to be appeals for annulment and shall be considered by the Supreme Court of Justice, along with the verification of the observance of the substantive and procedural legal provisions. The decisions on such motions are final.
(3) The motions of the citizens against the final judgments on administrative and criminal matters that, on the 27th of August, 1996, were considered by the Supreme Court in order of supervision are considered to be motions lodged by extraordinary ways of appeal and are handed over in accordance with the jurisdiction.
Art. 12.
The Government, The High Council of Magistracy, the local public administration authorities shall undertake, in accordance with the legislation in force, the necessary measures to ensure the implementation of the present Law.
Art. 13.
The Government, within 3 months from the adoption of the present Law:
-shall present to the Parliament proposals on the harmonization of the existent legislation with the present Law;
-will harmonize its own normative acts with the present Law.
Art. 14.
The present Law enters into force at the date of adoption.
Art. 1.
(1) In accordance with the Constitution, art.115, with art. III, para. (7) of the final and transitory provisions of the law on the judicial organization art.15, the judicial system is reorganized as follows:
a) the Supreme Court is reorganized as the Supreme Court of Justice with the headquarters in the Chisinau municipality;
b) the Arbitration Chamber is reorganized in accordance with the legislation that regulates the activity of economic courts;
c) the Military Tribunal is reorganized as the Military Court with the headquarters in the Chisinau municipality;
d) The Court of Appeal with the headquarters in the Chisinau municipality and the tribunals with the headquarters in the Chisinau, Balti, Bender municipalities and in the cities of Cahul and Comrat are created, as a result of the reorganization of the Supreme Court, of the Military Tribunal and of the people’s district (city) courts;
e) The people’s district (city) courts are reorganized as:
- Sector courts;
- Municipal courts of Bali, Bender and Tiraspol.
(Letter e) as amended by the Law no.762-XIV from 24.12.99)
(2) The circumscription of the courts listed in par. (1), letter e) is established in accordance with the administrative-territorial organization of the Republic of Moldova.
(3) The Court of Appeal conducts its activity in accordance with the legislation in force.
(4) The tribunals of the Chisinau, Balti, and Bender municipalities conduct their activity in civil and criminal chambers, and the tribunals from the cities of Cahul and Comrat conduct their activity by means of judicial panels, named “the collegium of the tribunal”.
(Para. 4 art.1 as amended by the Law no.762-XIV from 24.12.99)
Art. 2.
(1) The Supreme Court conducts its activity in the present composition until the outset of the functioning of the reorganized judicial system, simultaneously fulfilling the duties of the Supreme Court of Justice as the supreme court of law in cases provided by the Constitution and the legislation in force.
(2) The Military Tribunal and the people’s district (city) courts conduct their activity in the present composition until the outset of the functioning of the reorganized judicial system.
Art. 3.
(1) The reorganization of the judicial system shall be concluded on the 27th of August 1996.
(2) The reorganized judicial system shall begin its functioning on the 27th of August, 1996 with the number of judges established in the Attachment, constitutive part of the present Law.
(3) At the proposal of the High Council of Magistracy, until the 27th of August, 1996, the presidents, deputy-presidents and judges of the courts of law enumerated in Art. 1, par (1) shall be transferred, or, as the case might be, appointed by means of transfer, continuing, though, to exercise their previous prerogatives until the date mentioned above.
Art. 4.
(1) The judges of the Supreme Court who meet the requirements for appointment shall be nominated to the Supreme Court of Justice, and the others will be transferred, with their consent, to the Court of Appeal, the tribunals and courts.
(2) The judges of the Military Tribunal who meet the requirements for appointment shall be nominated to the Military Court, and the others will be transferred, with their consent to other courts.
(3) Some judges of the people’s courts will be transferred, with their consent, to hierarchically superior courts of law.
Art. 5.
(1) The public servants of the Supreme Court shall be employed in a preferential manner to the Supreme Court of Justice to their respective positions.
(2) The public servants of the Military Tribunal shall be employed in a preferential manner to the Military Court to their respective positions.
(3) In case of transfer, as the result of the judicial reorganization, to positions with a lower salary, the public servants shall enjoy the salary of the previous position for 3 months from the date of the transfer.
(4) Within 2 months from the date of approval of the present Law, the other public servants will be transferred, with their consent, to the Court of Appeals, tribunals, and courts.
Art. 6. – The judges elected deputies to the Parliament, as judges to the Constitutional Court, to the local public administration authorities, as well as to other elective bodies of the public authorities, enjoy, after the reorganization of the judicial system, the right to be employed in a court of law, in accordance with the legislation that regulates the status and activity of the enumerated public authorities.
Art. 7.
The movable and immovable assets of the Supreme Court, that of the Military Tribunal is handed over, respectively, to the Supreme Court of Justice and to the Military Court.
Art. 8.
The files and other documents from the archives of the Supreme Court and the archives of the Military Tribunal at the date of the outset of the new judicial system, as well as those examined during the transition period by the mentioned court of laws, shall be handed over for keeping, respectively, to the archives of the Supreme Court of Justice and the archives of the Military Court.
Art. 8/1.
(1) The judges that conduct their activity in the name of the courts Grigoriopol, Ribnita and Slobozia districts on the respective territory of the courts of the Central sector of Chisinau, the Rezina and Stefan Voda districts, shall consider cases on administrative, civil and criminal matters both from the circumscription of the court in the name of which they conduct their activity, and from the circumscription of the court on the territory of which they conduct their activity.
(2) The judgments adopted under the presidency of the judges that conduct their activity in the name of the courts of the Camenca, Dubasari, Grigoriopol and Rabnita districts can be challenged by means of appeal or cassation in the tribunal of the Chisinau municipality.
(Article 8/1 introduced by the Law no.1043-XIII from 17.12.96).
Art. 9.
(1) The administrative, civil and criminal cases that, on the 27th of August, 1996, are under consideration in first instance are handed over, for consideration, to the competent courts of law. The acts and proceedings that took place before the mentioned date, in accordance with the previous legislation, remain in force.
(2) In case as a result of the reorganization of the judicial system, judges have been transferred or were to be dismissed during the consideration of some criminal cases that, on the 27th of August, were in their final stage, their mandate is maintained until the respective cases are closed.
(Para. (2) introduced by the Law no. 1043-XIII from 17.12.96)
(3) The judgments that became final before the 27th of August, 1996 can be subject to the extraordinary ways of appeal.
(4) The civil judgments that became final before the 27th of August can be appealed by means of appeal in cassation to the Supreme Court of Justice by the Prosecutor General and his/her deputies in case of violations of the substantive or procedural legal provisions, retaining the right to request the civil file and to suspend the execution of the judgment in question.
(5) The civil judgment issued in first instance by the courts of law after the 27th of August, 1996, and before the entry into force of the Law nr. 942-XIII from the 18th of July 1996 regarding the amendments to the Civil Procedure Code are subject to appeal in accordance with the mentioned provisions. In this case, the time period for appealing the decisions starts running from the date of entry into force of the Law regarding the amendment of the Law nr. 1043-XIII from the 17th of December, 1996 on the reorganization of the judicial system.
(Para. (5) introduced by the Law no. 1043- XIII from 17.12.96)
Art. 9/1.
(1) The judgments adopted under the circumstances indicated in Article 9 para. (2) are issued by the competent court of law which has jurisdiction over the respective case, in accordance with the provisions of the Criminal Procedure Code in the version from the 17th of December, 1996.
(2) The judgments indicated in para. (1) can be subject to the ordinary and extraordinary ways of appeal provided by the Criminal Procedure Code in the version from the 17th of December, 1996.
(3) The appeals and cassation appeals against the judgments delivered in accordance with this article shall be considered by the court of law hierarchically superior to the one that considered the case in question.
Art. 10.
The cassation appeals on administrative, civil and criminal cases that are under way on the 27th of August, 1996, are considered appeals or recourses and are handed over to the competent courts of law.
Art. 11.
(1) The cassation appeals under supervision that are under way on the 27th of August, 1996, are handed over to the competent courts of law.
(2) The motions of the citizens and legal persons against the final decisions on civil matters that, on the 27th of August, 1996, were considered by the Supreme Court in order of supervision, are considered to be appeals for annulment and shall be considered by the Supreme Court of Justice, along with the verification of the observance of the substantive and procedural legal provisions. The decisions on such motions are final.
(3) The motions of the citizens against the final judgments on administrative and criminal matters that, on the 27th of August, 1996, were considered by the Supreme Court in order of supervision are considered to be motions lodged by extraordinary ways of appeal and are handed over in accordance with the jurisdiction.
Art. 12.
The Government, The High Council of Magistracy, the local public administration authorities shall undertake, in accordance with the legislation in force, the necessary measures to ensure the implementation of the present Law.
Art. 13.
The Government, within 3 months from the adoption of the present Law:
-shall present to the Parliament proposals on the harmonization of the existent legislation with the present Law;
-will harmonize its own normative acts with the present Law.
Art. 14.
The present Law enters into force at the date of adoption.
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