The competence of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika on affairs on examination of constitutionality of legal acts by means of the abstract constitutional control

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The competence of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika on affairs on examination of constitutionality of legal acts by means of the abstract constitutional control

Examining of constitutionality of laws and other legal acts takes a special place in the activity of bodies of the constitutional control of all countries including the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

The constitutional justice is a new institute in statehood of our republic; therefore dealing with the questions about a role and place of the Constitutional court in lawmaking, its influence on development of the legislation by means of disposal of legal proceeding about constitutionality of legal acts by means of the abstract control represents a special actuality.

In the Pridnestrovskaia Moldavskaia Respublika the given category made up 65 % of the total examined cases. It happens due to high activity of bodies of the government to bring the legislation in the Pridnestrovskaia Moldavskaia Respublika into accord with all standards and principles of the Constitution, the collected disputes between the bodies of legislative and executive authority, and also low legal culture and insufficient awareness of citizens about the primary goals of the Constitutional court.

Fixing of the supreme validity and direct action of the Constitution of the Pridnestrovskaia Moldavskaia Respublika is called to show a place of the main law in the legal system of the republic, in hierarchy of legal acts. Many constitutions of the countries with the advanced democracy fix neither their leadership nor their supreme validity, these properties of the constitution act as a necessary element of a lawful state and are provided with direct action of the constitution. During the Soviet period many constitutional provisions had a declarative character, and actions of bodies of the government were not limited by norms of the constitution. Transition from authoritarianism to democracy which is made by the new independent states on the post- Soviet space is accompanied by aspiration to realize in the legal system principles of leadership of the constitution and a lawful state. Therefore constitutions of many of them contain direct indications that they are the supreme law of the country possessing supreme validity. Similar positions are contained in the Constitution of the Russian Federation (part 1, article 15), Kazakhstan (part 2, article 4), Turkmenistan (part 2, page 5). Moldova (article 7), Ukraine (part 2, articl. 8), the Pridnestrovskaia Moldavskaia Respublika (article 2).

In the countries where principles of a lawful country only are put into practice the reality, leadership and the supreme validity of the constitution are substantially supported by maintenance of conformity to the constitutional provisions of legal acts and actions of bodies and officials by means of realization of the constitutional control over the country.

The control over constitutionality of laws and other legal acts is a version of realization of control authority in the country. In the Pridnestrovskaia Moldavskaia Respublika such control activity is conducted by the Supreme Soviet, the President, Office of Public Prosecutor and Courts. Function of realization of the judicial constitutional control over republic is exercised by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika from the moment of its foundation as a special mission of maintenance of the constitutional legality, law and order.

In the Pridnestrovskaia Moldavskaia Respublika as well as in the Russian Federation the judicial constitutional control has got some features of the European model developed by G. Kelzen, a well known Austrian lawyer. Characteristic features of this model are the following: realization of the constitutional control by specially founded judicial bodies; a combination of concrete and abstract constitutional legal proceedings; the recognition of the legal act unconstitutional means its legal cancellation.

Formation of an effective system of the constitutional control is important for effective functioning of any democratic country. The basic role of the constitutional control bodies is that they specify legal borders of conducted transformations, supervise creation of standards by various state bodies. The judicial constitutional control gets the special importance in conditions of legal reform in the Pridnestrovskaia Moldavskaia Respublika. In the recent past in the territory of the Pridnestrovskaia Moldavskaia Respublika there was a situation when legal acts of different level and value, different validity and orientation simultaneously operated, in particular of the former USSR, former Moldavian SSR, and also the Pridnestrovskaia Moldavskaia Respublika own legislation. After July 22, 2002 according to the constitutional law all legislative

and other legal acts of the USSR, МSSR in the territory of the Pridnestrovskaia Moldavskaia Respublika became invalid and were not applicable, and legal acts of the Pridnestrovskaia Moldavskaia Respublika should be harmonized with the Constitution. And though by this time in the Pridnestrovskaia Moldavskaia Respublika there was its own system of legislation, there was a significant amount of problems in legal regulation. Haste with which these problems were solved reflected in the contents of legal acts, their inconsistency among themselves and occurrence of collisions of rules of law. In this connection, examining of constitutionality became an effective way of the resolution of conflict generated by contradictions between legal acts of a various validity.

Historically constitutional justice has arisen for examining constitutionality of the laws accepted by parliaments. Taking into consideration a special role, value of laws in the legal system, one of the basic powers of the constitutional courts today is examining constitutionality of legal acts, and first of all legislative, in the contents, in the form and in the order of acceptance. The character of influence of the constitutional justice on legislative process depends on preliminary or subsequent control.

The constitutional court by way of precautionary judicial constitutional control resolves affairs about constitutionality of signed international contracts by the Pridnestrovskaia Moldavskaia Respublika before their ratification or confirmity. However, the Constitutional court as a body of the constitutional justice acting as an independent arbitrator at the resolution of disputes between legislative and executive branches of authority performs repressive constitutional control.

Powers of the Constitutional court on realization of the subsequent constitutional control can be divided into 2 groups: powers on realization of the abstract control and power on realization of the concrete control.

When performing constitutional control the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika considers constitutionality of statutory acts on complaints of citizens and inquiries of courts, then the abstract control provides an opportunity of submission of inquiry in the Constitutional court about examining of constitutionality of any legal acts irrespective of their application in concrete law relationships. The purpose of this control is observance by legislative and executive branches of authority of the Constitution and its pronisions during acceptance of legal acts.

When abstract constitutional control the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika resolves affairs about constitutionality of laws (including constitutional), the legal acts accepted by the Supreme Soviet, legal acts of the President of the Pridnestrovskaia Moldavskaia Respublika, the ministries, departments and other bodies of the government, local self-management, including necessity of the resolution of disputes about the competence between bodies of various branches of the government, and also international contracts of the Pridnestrovskaia Moldavskaia Respublika, law practice and activity of elective bodies and officials of local self-management regarding decisions accepted by them and legal acts. Concerning international contracts of the Pridnestrovskaia Moldavskaia Respublika it is necessary to emphasize that their constitutionality can be examined by both ways of preliminary and subsequent control.

As according to the Constitution consideration of legal proceeding about constitutionality of legal acts is a prerogative of the Constitutional court it is possible to say that the constitutional control which is carried out by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika has a universal character because it covers all kinds of legal acts. Thus an object of consideration in the Constitutional court can be practically all legal acts of the Pridnestrovskaia Moldavskaia Respublika. However, taking into account that legal acts of the President have under law character and are accepted to perform laws but legal acts of the ministries, departments and other bodies of the government and local self-management are accepted on the basis of statutory acts of the Supreme Soviet and the President, to establish their contradiction and discrepancy directly to standards of the Constitution is difficult enough. Examining of constitutionality of under law legal acts can be carried out through provisions of corresponding laws.

The analysis of constitutions and legislations on the constitutional justice shows that in a number of the states (Slovakia, Poland, the Azerbaijan Republic, the Latvian Republic, the Lithuanian Republic, the Estonian Republic, Byelorussia, etc.) legal acts are examined by the constitutional courts not only on conformity to the constitution, but also on conformity to the constitutional and other laws, and also other legal acts higher on a validity in relation to the examined acts.

It is necessary to differentiate questions and criteria of constitutionality of legal acts, questions and criteria of legality of legal acts. Constitutionality of legal acts is defined as a result of examination on conformity of the Constitution to various legal acts. Criteria of constitutionality are fixed in article 92 of the Constitutional Law "On the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika". Legality of legal acts assumes examination on conformity to the law of under law acts issued by the state bodies for realization of their powers. In U.A. Tikhomirov's opinion, it is possible to relate to the common criteria of legality: 1) competency of the subject accepting the act; 2) conformity of the contents of the act to volume of powers of the subject; a correct choice of a form of the act; observance of the established procedure of preparation, acceptance and introduction of the act. [1]

"For effective maintenance of the supreme validity of the Constitution it is necessary to observe conformity on validity of all kinds of acts, at each level of hierarchy of sources to the law" considers I.A. Kravets [2]

It is considered that investment of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika with power to examine affairs about legality of legal acts would promote reduction of the legislation to the constitutional principles and standards and would not contradict the nature of the constitutional court as a judicial body of the constitutional control. In the legal system of the Pridnestrovskaia Moldavskaia Respublika there was a field of disposal of legal proceeding about legality of separate kinds of legal acts. In the legal democratic country there cannot be any acts that were removed from the judicial control.

By consideration of a case the Constitutional court can establish its discrepancy not only to the constitutional norms but also to the standards contained in other legal acts. In a number of countries constitutional courts can recognize as unconstitutional not only the challenged act but also the act on which it is based. For example, if the Constitutional court of Germany by consideration of the constitutional complaint to the decision of enforcement authority or court recognizes, that the challenged act is based on the act not corresponding to the law, the court is obliged to declare its as unconstitutional and not having validity. [3] The law "On the Constitutional Court of Republic Dagestan" (article) 4) allows the Constitutional Court to make a decision concerning the statutory acts based on the examining statutory act or reproducing its separate provisions if it was not mentioned at all. Article 93 of the Constitutional Law "On Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika" establishes that the recognition of the statutory act or its separate provisions not corresponding to the Constitution of the Pridnestrovskaia Moldavskaia Respublika is the basis of a cancellation of provisions of other statutory acts based on the acts, recognized unconstitutional, or reproducing it, or containing same provisions what were a subject of the reference.

Taking into consideration that the conventional principles and standards of the international law and also international contracts of the Pridnestrovskaia Moldavskaia Respublika are a component of the legal system, criterion of examining of acts serves not only the Constitution but also the conventional principles and standards of the international law which are used by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika as additional argument in a substantiation of decisions accepted by them. In the Decision from December 16, 2003 № 07-П/03 [4], the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, having referred to articles 22, 25 of General Declarations of human rights and article 9 of the International Pact about economic, social and cultural rights has emphasized that fundamental laws and freedoms of people and citizen are under protection of the country. The country is obliged to care of well-being of the citizens and their social security.

The list of those who apply to the Constitutional court with the purpose of excitation of procedure of the abstract constitutional control is exhaustive. Those can be concrete state bodies and officials, according to article 87 of the Constitution it is President of the Pridnestrovskaia Moldavskaia Respublika the Supreme Soviet, Plenums of the Supreme Soviet, Arbitration courts and the Public prosecutor. It is necessary to note that in the Russian Federation the public prosecutor is not one of those who can apply to the Constitutional Court by way of the abstract constitutional control. In the Pridnestrovskaia Moldavskaia Respublika this right is given however but not realized till now. Though fixing of the right to this official is caused by the fact that basic direction of his/hers activity according to the constitutional standard is supervision of exact and uniform performance of the Constitution and laws.

Obligatory characteristics of the legal acts on which the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika examines them on conformity to the Constitution or limits of examining are established in article 92 of the Constitutional Law "On Constitutional court of the Pridnestrovskaia Moldavskaia Respublika". Some of them have material meaning as they are concerned with various aspects of the contents of the legal act. In this case the material constitutional control is carried out and conformity of the Constitution to legal acts is established: on contents, from the point of view of the established by the Constitution of the Pridnestrovskaia Moldavskaia Respublika division of the government into legislative, executive and judicial, from the point of view of differentiation of the competence between bodies of the government and from the point of view of differentiation of subjects and powers between republican bodies of the government and local bodies of the government.

Other limits of examining have a remedial character (formal) and concern the form of the legal act, the order of its signing, acceptance, publication or coming in force. The Constitutional court is not limited by the reasons stated in the request of the applicant that is why the Constitutional Court can examine constitutionality of the legal act on all parameters by consideration of a concrete case. Each of them is the sufficient basis for a recognition of the legal act inappropriate to the Constitution. constitutional justice control legislation

Contents conformity is expressed in non- contradiction of legal acts to the constitutional provisions. The requirement of conformity of laws and all other legal acts to the contents of the Constitution follows from article 2 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika establishing that in the system of legal acts the Constitution has the supreme validity and direct action. Making a basis of the legal system of the Pridnestrovskaia Moldavskaia Respublika the Constitution should determine the meaning of all current legislation. As a binding force of the Constitution for the legislator is one of the basic attributes of a lawful country all laws and other acts of bodies of the government and institutions of the local government should be issued on a basis and according to the Constitution.

One of the most important conditions of reduction of the legislation in conformity with the constitutional standards is mastering by the system of certain requirements necessary to create laws and under law acts. These requirements produced within centuries by various countries are formulated in the branch of knowledge called legislative techniques. At a stage of preparation of acts it is necessary to observe rules of legislative techniques, at carrying out of legal examination of bills it is necessary to reveal and eliminate all discrepancies to the constitutional standards and principles. English jurist McLeod in this connection quite fairly believes that during development of the bill potential danger areas of the law under creations should be revealed, that is such provisions that touch personal and citizen human rights, the right of a private property, and also those that can conceive return force and are incompatible with the international obligations or are doubtful from the point of view of the constitution, are too much bureaucratically, i.e. hard to accomplish because of the extremely difficult procedures of realization; those which touch legitimate interests of bodies of the government, touch someone's exclusive, prerogative powers. [5]

The legislative techniques as a system of rules of the most rational organization and logically consecutive formulation of laws according to their essence and the contents promote professional drafting of the bills meeting needs of development of a lawful country according to the constitutional standards and principles. The legislative techniques understand conformity of it to all substantial criteria and formal - legal requirements. All attributes forming quality of the legal act are divided into 2 kinds: the obligatory attributes describing the legal act as the form, as a source of the law, and the attributes describing the direct contents of the legal act as a regulator of public relations (legal, language, logical and sociological).

Analyzing criteria according to which the Constitutional court examines constitutionality of legal acts, and also the requirements necessary to be observed in acts, and especially the attributes of legal acts describing them as a form and as a source of the law, it is possible to come to a conclusion that they are the same parameters of legal acts. And even though the second group of the attributes describing the direct contents of the legal act as a regulator of public relations does not include a binding character and may have various intensity of display, some of them also can act as parameter for examining by the Constitutional court. For example, the criterion of sequence being an attribute of logic aspect of quality of the legal act is characterized by the requirement of consecutive development of the constitutional bases in the text of the legal act.

"The high level of techniques of developing of projects, clearness of presenting laws are the necessary preconditions of efficiency of accepted acts, as a system of legislations, effective means of liquidation of problems and contradictions in the current legal system that is necessary for an establishment of a strict mode of legality in the country. It is necessary to recollect words of Russian reformer Peter I: "All projects have to be very strict in order not to ruin the treasury and not to damage the country. Who ever will create poor projects that person will be punished and fired from his/her job to show an example to others" [6].

Value of legislative techniques grows in conditions of construction in the Pridnestrovskaia Moldavskaia Respublika of originally a lawful state, in conditions of prompt law-making and scale updating and development of the legislation.

The material constitutional control is carried out by the Constitutional court also from the point of view of established by the Constitution of the Pridnestrovskaia Moldavskaia Respublika division of the government into legislative, executive and judicial, from the point of view of differentiation of the competence between bodies of the government and from the point of view of differentiation of subjects of conducting and powers between republican bodies of the government and local bodies of the government.

It is necessary to note, that powers of Constitutional court of the Pridnestrovskaia Moldavskaia Respublika do not include disposal of legal proceeding about the competence of bodies of the government as a separate category. The resolution of disputes about the competence is possible only in connection with disposal of legal proceeding about constitutionality of legal acts. The competence of the state body is understood as set of imperious powers in the certain objects of their supervision. At each state body power on acceptance of the legal acts directed on performance of tasks and functions of the given body is fixed. Thus the competence of the specified subjects follows from their public - legal nature and is based on the certain principles making bases for constitutional building of the Pridnestrovskaia Moldavskaia Respublika.Considering affairs on constitutionalities of legal acts the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika repeatedly specified infringement by bodies of the government of a principle of division of authorities. In the Decision from May, 27, 2003 [7] the constitutional court has specified, that the Supreme Soviet has exceeded its powers, having given to its control body - Accounting chamber - the right to apply measures of the state compulsion regarding imposing penal sanctions, as powers and control functions of bodies under inspection are derived from powers and control functions of the body created them.

At disposal of legal proceeding about constitutionality of legal acts regarding the resolution of disputes concerning the competence of bodies of various branches of the government, the Constitutional court of the Pridnestrovskaia Moldavskaia Respublika solves legal questions from positions of the Constitution of the Pridnestrovskaia Moldavskaia Respublika as the main law of the country, principles and standards it contains. Bodies of the government and management should operate only according to the order established by the Constitution of the Pridnestrovskaia Moldavskaia Respublika. For cases when this order is not detailed in the Constitution of the Pridnestrovskaia Moldavskaia Respublika, and also concerning the powers which have been not listed in its articles, a framework of powers and the order of activity as has specified Constitutional court of the Pridnestrovskaia Moldavskaia Respublika in the Decision from July, 1, 2003 № 03-П/03, [8] are defined proceeding from the principle of division of authorities stipulated by article 6 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika.

Thus, the abstract constitutional control besides reduction of legal acts in conformity with the Constitution is called to promote the resolution of conflicts, disputes on the competence between the constitutional institutes. The authority of Constitutional court of the Pridnestrovskaia Moldavskaia Respublika as supreme arbitrator in questions of the competence is being formed now. Considering of legal proceeding about constitutionality of legal acts from the point of view of division of the government into legislative, executive and judicial, from the point of view of differentiation of the competence between bodies of the government promotes clearing of volume of powers of the state bodies established by the Constitution.

Carrying out the formal constitutional control, Constitutional court of the Pridnestrovskaia Moldavskaia Respublika establishes conformity of the Constitution under the form of legal acts. In each country there is a system and hierarchy of legal acts. The hierarchy of legal acts in the Pridnestrovskaia Moldavskaia Respublika is typical enough. Subjects of regulation are exhaustively defined by the constitutional laws in the Constitution. Subjects of regulation in the Constitution of the Pridnestrovskaia Moldavskaia Respublika precisely are not determined by ordinary laws.

Constitutions of some countries contain the exhaustive list of the questions regulated by legislation. Thus, the Constitution of France determines the list of the questions adjustable by laws (article 34) which does not allow French parliament to leave limits of lawmaking. In the Constitution of the Pridnestrovskaia Moldavskaia Respublika neither the exhaustive list, nor similar restriction does not exist.

Point 2 of article 62 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika contains the list of questions - subject to extremely legislative regulation. This list has not an exhaustive character and comes to an end with the general standard ordering the Supreme Soviet to carry out legislative regulation and other questions, demanding the uniform decision and application in the territory of the republic. Further definition of the objects of legislative regulation is based on sending to laws standards of the Constitution and the general principles of legal regulation incorporated in it. For example, article 18 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika establishes, that restriction of the rights and freedom of the person and the citizen is supposed only in the cases stipulated by the law, article 17 establishes that advantages and privileges can be established only by the law, etc. Under the theory of the law one of the basic attributes of the law is regulation by the law of basic, major public relations. However, importance of public relations is an estimating characteristic. Representation on importance of those or other public relations can vary due to the cause of time. Probably, if the legislator undertakes to adjust those or other public relations, it means, he or she considers them to be important. Acceptance of the legal act in the form of the law on individual, minor questions of legal regulation is impossible as it will be infringement of the constitutional principle of division of authorities and intrusion of a legislative branch of authority into a field of activity of executives. Formally such a law can operate and be applied in concrete legal relationships, but inherently it is unconstitutional and should be cancelled by the Constitutional court.

Many laws act as laws concretizing the Constitution acts though they can adjust those relations which have not found any, even most the general settlement in the Constitution. Thus, in the Constitution of the Pridnestrovskaia Moldavskaia Respublika the sphere of regulation is fixed extremely by laws, but the sphere in which legislative regulation is not supposed directly is not determined. The legislator determines himself, what relations are subject to legislative regulation. Therefore a unique restriction in realization of the competence of the legislator, in regulation of public relations by legal acts in the form of laws is the principle of division of the authorities, established in article 6 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika.

The Constitution of the Pridnestrovskaia Moldavskaia Respublika establishes the requirement to the form of one more legal act - according to point 3 of article 62 of the Constitution the Supreme Soviet accepts legal acts of not legislative character in the form of Decisions of the Supreme Soviet. The list contains the questions demanding single legal action, and also has an open character.

According to article 72 of the Constitution of the President of the Pridnestrovskaia Moldavskaia Respublika issues decrees and orders which are the legal acts having an under law character, and they should not contradict the Constitution. Underlawfulness of legal acts of the President testifies to the purpose of their edition - implementations of laws, their relation to the law: its concrete definition, development, an orientation to maintenance of performance and observance of standards of the law. If public relations, anyhow, are settled by the legislator, regulation of the same relations by an uderlaw act is inadmissible. The constitutional court repeatedly faced a situation when underlaw acts not only conflict with standards of laws, but frequently actually make amendments and additions in them. In the Decision from January, 20, 2004 [9] the constitutional court has come to a conclusion, that the Decree of the President of the Pridnestrovskaia Moldavskaia Respublika from September, 13, 2002 № 554 conflicts with the Law as it provides higher categories of salaries of the staff of the Ministry of Industry, than stipulated by the Law from September, 3, 1997 № 64-3 "On Salaries of Workers of Bodies of the Government, Office of Public Prosecutor and the Body Formed by the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika in the Way of Realization of the Control Functions". The constitutional court has recognized the Decree providing, that necessary additional financing on these purposes is carried out from the budjet of the Republican not corresponding to the Constitution standard. The Constitution of (the second part of point 1 of article 96) establishes, that the right to allocate public finances belongs to corresponding enforcement authorities and may be realized only according to the act accepted by the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika. Any public funds cannot be spent differently but in the way and limits established by the law (point) 2 of article 96 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika. So, additional financing of enforcement authorities is possible only on the basis of the act accepted by the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika. Actually the Constitutional Court has recognized the Decree of the President not corresponding to the Constitution in form as for regulation of the given relations acceptance of the legal act in the form of the law is necessary.

In a context of the problem the position of the Constitutional Court of the Russian Federation (the Decision from April, 30, 1996) according to which the President of the Russian Federation has the right to adjust the relations subject to legislative regulation if they are not settled yet by the necessary law is rather peculiar.

And though the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika yet has not stated the position on this question, taking into account the direct indication in the Constitution on the underlaw character of Decrees of the President of the Pridnestrovskaia Moldavskaia Respublika , and also proceeding from a principle of division of authorities, it is possible to assume, that regulation of relationships by Decrees of the President settled or subjects, according to the constitutional standards and principles, to regulation by the law, does not correspond to principles of a lawful country. In the basis of leadership of laws there is sovereignty of people, realization of authority by people, first of all through the Supreme Soviet as a representative body. As the maximum expression of will of people laws possess the maximum validity, all other legal acts have an under law character. In the Pridnestrovskaia Moldavskaia Respublika the legal system to is being reformed now, the tendency to increase an amount of laws in the general system of legal acts, and accordingly reduction of the standards established by enforcement authorities is planned, that quite corresponds to the tasks of becoming a lawful state, and also to a principle of division of authorities.

Representing itself as a legal base of development of all branches of law, the current Constitution adjusts and fixes process of creation of law and acts. To formal criteria on which the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika considers cases about conformity of the Constitution of legal acts, the order of signing, acceptance, publication or introduction in action belongs.

Taking into account, that the Constitution fixes the special order of acceptance of acts, laws and should be a subject of examination by the Constitutional court on the given criterion. Legislative process differs from the order of acceptance of other legal acts in special complexity. In it special stages of legislative procedure are distinctly pointed out. The special order of acceptance of the law is predetermined by the importance of the law for a regular life of the society and the country.

The Constitution of the Pridnestrovskaia Moldavskaia Respublika establishes the order of acceptance and change of the following acts:

Constitutions, the special order of change of which is expressed in chapter IV distinctly enough: positions of sections I of the Constitution "Bases of State Building", the unit II "Rights, freedoms and duties of the person and the citizen" and the unit IV "Change of the Constitution" with the purpose of preservation of stability of the main law of the country and the bases of state building established by it can be changed only in a result of a referendum. Other standards of the Constitution can be changed both in a result of a referendum, and by a Supreme Soviet according to special procedure of consideration of the bills, IV established by section IV.

the constitutional laws, that is the laws of the special sort accepted in cases stipulated by the Constitution and in the special order, demanding the greater poll of deputies (two thirds of voices of the number of deputies of a Supreme Soviet established by the Constitution - section. 3 articles 63 of the Constitution), an opportunity of the veto of the President is not provided (section 3 article 65).

Ordinary laws. The Constitution of the Pridnestrovskaia Moldavskaia Respublika in details regulates the order of consideration and acceptance by a Supreme Soviet of acts, signings by the President and official publication.

Article 92 of the Constitution establishes the special order of acceptance of the laws attracting reduction of a profitable part of the country budget, supposing the obligatory consent of the President to accept acts causing increase of charges from the budget or reducing incomes of the budget, and also the coordination of drafts of acts, able to cause changes in the system authorized by the law on the state budget of incomes and charges with the President.

Investment with the function on acceptance of laws of a Supreme Soviet is caused by its representative character. Democratic character of a legislature and the special order of acceptance of the laws, fixed in the Main law of the country are called to guarantee the valid expression of the will of people in laws. The Constitution of the Pridnestrovskaia Moldavskaia Respublika provides the right of the veto and promulgation (signing and promulgation) of laws by the head of the state, as an essential element of the legislative procedure providing division of authorities, as a guarantee not to make possible mistakes. In the result the law accepted by regulatory authority, finds force of the legal act of the uniform government. If the established order of signing and promulgation of the law is not observed, the given law has no validity. Point 6 of article 63 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika establishes, that infringement of the procedure of entering, consideration and acceptance of the bill makes it not having forces and not subject to application. In the Decision from July, 1, 2003 [10]

Constitutional court of the Pridnestrovskaia Moldavskaia Respublika has specified infringement by the Supreme Soviet of the procedure of entering, consideration and acceptance of a bill from January, 14, 2003 № 225-III "On Budgetary Classification of the Pridnestrovskaia Moldavskaia Respublika".

Examining constitutionality of the legal act, and having established discrepancy even to one of the mentioned above criteria, the Constitutional Court recognizes the legal act not corresponding to the Constitution. However in the final decision the analysis of all parameters of the legal act under examination is not reflected.

The recognition of the act as not corresponding to the Constitution means loss of a validity it, its elimination from the legal space. However function of the Constitutional court is not limited by it. At the disposal of legal proceeding about constitutionality of legal acts the Constitutional Court has the right to address to the legislator with concrete recommendations on new legislative regulation, specifying a direction and determining the maintenance of such a regulation. The legislator has no right to ignore general principles, the constitutional positions, and the legal positions contained in decisions of the Constitutional Court. So, the Constitutional court of the Pridnestrovskaia Moldavskaia Respublika has formulated the necessity of the coordination of actions of the supreme bodies of the government on alienation of the state ownership, an opportunity of collecting of penal sanctions from legal persons only in accordance with the judicial order.

The value of abstract control of standards is that conclusions of the Constitutional Court in connection with examination of the concrete rule of law cover similar standards under the legal contents, contained and in other legal acts. The legal position formulated by the Constitutional Court while considering a concrete affair, is obligatory not only while considering the given affair, but also in all similar legal situations. Hence, all legal acts, under own initiative of the bodies which have accepted them, should be harmonized with the Constitution in view of a legal position of the Constitutional Court. It is proved to be true by the standard fixed in article 50 of the Constitutional Law "On the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika" according to which the Constitutional Court refuses in acceptance to consideration of the request if on a subject of the request in similar cases the decision of the Constitutional Court is already done. "In that sense, - marks G.A. Gadzhiev, - concepts "challenged norm" and "a subject of consideration" in the constitutional legal proceedings do not coincide" [11]. Logical and correct practice of the Constitutional Court of the Russian Federation in similar situations is represented. If while requesting the Constitutional court of the Russian Federation the decision on the subject of the request was already done and the corresponding legal position is formulated, the Constitutional Court of the Russian Federation makes the special decision - a decision which contains formal refusal in acceptance of the request for consideration at the session, but there is an instruction for the subjects to follow earlier formulated legal position of the Constitutional Court. "Legal positions of the Constitutional Court have the same validity as decisions of the Constitutional Court… they are equated to the validity of the Constitution" [12], considers N.V. Vitruk. The problem of legal positions of the Constitutional Court has basic value, both for the practice of the Constitutional Court and for the legislator. "Legal positions of the Constitutional Court remove the arisen constitutional and legal uncertainty and by that determine unique from the positions of the Constitution of the Russian Federation variant of behavior of legislators" [13].

The Constitutional Court through realization of the abstract constitutional control renders essential influence on activity of bodies of the government, first of all in the sphere of their law-making. Canceling unconstitutional legal acts, it determines the strategy of development of the legislation. So, B.S. Ebzeev marks, that "…the Court forms the constitutional and legal doctrine, offers its comprehension of those or other positions of the Constitution which "connects" all other bodies of the government and other subjects of constitutional and legal relations and by that actually carries out law-making function" [14].

In its decisions the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika protects such bases of constitutional building as leadership of the Constitution and laws, a principle of division of authorities, the constitutional principles of priority of the rights and freedoms of the person and the citizen, freedom of private property and business. The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika is called to influence formation of the legal system of the Pridnestrovskaia Moldavskaia Respublika, perfection and development of the legislation effectively. The outlined increase of a role of the Constitutional Court in many respects is connected with transformation of the Constitution of the Pridnestrovskaia Moldavskaia Respublika into a really working legal act.

Notes

Тихомиров Ю.А. Критерии законности правовых актов // Право и экономика. - 1997. - № 19-20. - С. 3.

Кравец И.А. Формирование российского конституционализма Проблемы теории и практики. - М., 2002. - С. 188.

Витрук Н.В. Конституционное правосудие. - М.: ЮНИТИ, 1998. - С. 168.

САЗ Приднестровской Молдавской Республики. - 2003. - № 51.

I.McLeod. Legal method. - L., 1993. - P. 202.

6. Пиголкин А.С. Проблемы правотворчества субъектов РФ. Научно-методическое пособие. - М.: Норма, 1998. - С. 272.

САЗ Приднестровской Молдавской Республики. - 2003. - № 22.

САЗ Приднестровской Молдавской Республики. - 2003. - № 27.

САЗ Приднестровской Молдавской Республики. - 2004. - № 4.

10. САЗ Приднестровской Молдавской Республики. - 2003. - № 27.

11. Гаджиев Г.А. Правовые позиции Конституционного Суда РФ как источник конституционного права // Конституционное правосудие в посткоммунистических странах: Сборник докладов. - М., 1999. - С. 112.

Витрук Н.В. Конституционное правосудие в России (1991-2001). - М., 2001. - С. 116.

Витрук Н.В. Конституционное правосудие в России (1991-2001). - М., 2001. - С. 112.

14. Федеральный конституционный закон «О Конституционном Суде РФ». Комментарий. - М., 1996. - С. 23.

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