The Constitution of the Republic of Moldova Adopted on July, 29, 1994 Monitorul Oficial al R.Moldova No 1 of 18.08.1994 Title . !

unda"ental Ri#$t%, !reedo"% and &utie% '$apter . (eneral )rovi%ion% Article 1* +niver%ality T$e 'on%titution in con,unction -it$ ot$er la-% #rant% t$e citi.en% of t$e Repu/lic of Moldova t$eir ri#$t% and freedo"% and al%o lay% do-n t$eir dutie% upon t$e". Article 10 12uality of Ri#$t% (1) It is the foremost duty of the State to respect and protect the human person. (2) ll citi!ens of the Republic of Moldova are e"ual before the la# and the public authorities$ #ithout any discrimination as to race$ nationality$ ethnic ori%in$ lan%ua%e$ reli%ion$ se&$ political choice$ personal property or social ori%in. Article 13 'iti.en%$ip of t$e Repu/lic of Moldova (1) The citi!enship of the Republic of Moldova can be ac"uired$ retained or lost only under the conditions provided for by the or%anic la#. (2) 'o one may be deprived arbitrarily of his(her citi!enship or the ri%ht to chan%e it. [Art.17 in the wording of the Law no.1469-XV of 21.11.02, enforced on 12.12.02] Article 18 'iti.en%$ip Re%triction% and 4tate )rotection for t% National% (1) The citi!ens of the Republic of Moldova shall en)oy the protection of their State both at home and abroad. (2) 'o citi!en of the Republic of Moldova can be e&tradited or e&pelled from his(her country. [Art.18 in the wording of the Law no.1469-XV of 21.11.02, enforced on 12.12.02] Article 19 5e#al %tatu% of alien% and %tatele%% per%on% (1) *&cept in cases #here the la# has different rulin%s aliens and stateless persons shall en)oy the same ri%hts and shall have the same duties as the citi!ens of the Republic of Moldova.

(2) lien or stateless citi!ens may be e&tradited only in compliance #ith an international a%reement or under conditions of reciprocity$ or in conse"uence of a decision of a court of la#. (+) The ri%ht to asylum shall be %ranted and denied by rule of la# in compliance #ith those international treaties the Republic of Moldova is a party to. [Art.19 in the wording of the Law no.1469-XV of 21.11.02, enforced on 12.12.02] Article 20 !ree Acce%% to Ju%tice (1) *very citi!en has the ri%ht to obtain effective protection from competent courts of ,urisdiction a%ainst actions infrin%in% on his(her le%itimate ri%hts$ freedoms and interests. (2) 'o la# may restrict the access to )ustice. Article 21 )re%u"ption of nnocence ny person accused to have committed an offense shall be presumed innocent until found %uilty on le%al %rounds$ brou%ht for#ard in a public trial in the course of #hich all %uarantees for necessary defense #ill have been ta-en. Article 22 Nonretroactivity of 5a'o one may be sentenced for actions or omissions #hich did not constitute an offense at the time they #ere committed. lso$ no punishment may be %iven that is harsher than that applicable at the time #hen the offense #as committed. Article 26 T$e Ri#$t to 7no- One8% Ri#$t% and &utie% (1) *very one has the ri%ht to an ac-no#led%ed le%al status. (2) The State ensures the ri%ht of everybody to -no# his(her ri%hts and duties. .or that purpose the State shall publish all its la#s and re%ulations and ma-e them accessible to everybody. '$apter . !unda"ental Ri#$t% and !reedo"%

Article 24 T$e Ri#$t to 5ife and )$y%ical and Mental nte#rity (1) The State %uarantees everybody the ri%ht to life$ and to physical and mental inte%rity. (2) 'o one may be sub)ected to torture or to cruel$ inhuman or de%radin% punishment or treatment. (+) Capital punishment is abolished. 'o one could be sentenced to such a punishment nor e&ecuted$ e&cept for acts committed upon #ar or threat of #ar and only in compliance #ith the la#.

[ aragra!h " art.24 in the wording of the Law no."#1-XV of 12.07.2001] Article 2* ndividual !reedo" and )er%onal 4ecurity (l) Individual freedom and personal security are declared to be inviolable. (2) Searchin%$ detainin% in custody or arrestin% a person shall be permitted only if based on the authority of la#. (+) The period of detention in custody may not e&ceed /2 hours. [ aragra!h " art.2# in the wording of the Law no."#1-XV of 12.07.2001] (0) 1ersons may be arrested only under #arrant issued by a )ud%e for a ma&imum time limit of +2 days. The arrested may contest the le%ality of the #arrant and lay a complaint before a hierarchically superior court$ #hich is bound to reply by #ay of a motivated decision. The time limit of detention may be e&tended to 12 months only by a )ud%e or by court$ in compliance #ith the la#. [ aragra!h 4 art.2# in the wording of the Law no."#1-XV of 12.07.2001] (3) The person detained in custody or arrested shall be informed #ithout delay of the reasons for his detention or arrest$ as #ell as of the char%es made a%ainst him(her$ #hich may ta-e place only in the presence of a la#yer$ either chosen by the defendant or appointed e& officio. (4) If the reasons for detention in custody or arrest have ceased to e&ist$ the release of the person concerned must follo# #ithout delay. Article 20 Ri#$t of &efen%e (l) The ri%ht of defense is %uaranteed. (2) *verybody has the ri%ht to respond independently by appropriate le%itimate means to an infrin%ement of his(her ri%hts and freedoms. (+) Throu%hout the trial the parties have the ri%ht to be assisted by a la#yer$ either chosen or appointed e& officio. (0) ny interference #ith the activity of those carryin% out the defense #ithin le%ally established confines shall be punished by authority of la#. Article 23 T$e Ri#$t to !ree Move"ent (1) The ri%ht to move freely #ithin the boundaries of one5s native country is %uaranteed. (2) *very citi!en of the Republic of Moldova is %uaranteed the ri%ht to choose his place of residence any#here #ithin the national territory$ to travel in and out of the country$ also to emi%rate at #ill.

Article 28 )rivate and !a"ily 5ife The State shall respect and protect private and family life. Article 29 nviola/ility of &o"icile (1) The domicile is inviolable. 'o one may enter upon or stay on the premises of a domicile #ithout the o#ner5s consent. (2) The la# shall allo# for dero%ation from the provisions of para%raph (1) under the follo#in% circumstances6 a. .or e&ecutin% an arrest #arrant or a decision of a court of la#7 b. .or forestallin% imminent dan%er threatenin% of the life$ physical inte%rity or the property of a person7 c. .or preventin% the spread of an epidemic disease. (+) Searches and "uestionin% in a domicile may he ordered and earned out only in accordance #ith the rule of la#. (0) *&cept for cases #here an obvious offence has been committed$ ni%ht searches are forbidden. Article 60 )rivacy of 'orre%pondence (1) The State shall ensure the privacy of letters$ tele%rams$ other postal dispatches$ of telephone conversations and of usin% other le%al means of communication. (2) *&ceptions to para%raph (1) are allo#ed #hen they are in the interests of the national security$ economic #elfare of the country$ public order and preventin% crime. [ aragra!h 2 art."0 in the wording of the Law no."#1-XV of 12.07.2001] Article 61 !reedo" of 'on%cience (1) The freedom of conscience is %uaranteed$ and its manifestations should be in a spirit of tolerance and mutual respect. (2) The freedom of reli%ious #orship is %uaranteed and reli%ious bodies are free to or%ani!e themselves accordin% to their o#n statutes under the rule of la#. (+) In their mutual relationships reli%ious cults are forbidden to use$ e&press or incite to hatred or enmity. (0) Reli%ious cults are autonomous vis8a8vis the State and shall en)oy the latter5s support$ includin% that aimed at providin% reli%ious assistance in the army$ in hospitals$ prisons$ homes for the elderly and orphana%es.

Article 62 !reedo" of Opinion and 19pre%%ion (1) ll citi!ens are %uaranteed the freedom of opinion as #ell as the freedom of publicly e&pressin% their thou%hts and opinions by #ay of #ord$ ima%e or any other means possible. (2) The freedom of e&pression may not harm the honour$ di%nity or the ri%hts of other people to have and e&press their o#n opinions or )ud%ements. (+) The la# shall forbid and prosecute all actions aimed at denyin% and slanderin% the State or the people. 9i-e#ise shall be forbidden and prosecuted the investi%ations to sedition$ #ar$ a%%ression$ ethnic$ racial or reli%ious hatred$ the incitement to discrimination$ territorial separatism$ public violence$ or other actions threatenin% constitutional order. Article 66 !reedo" to 'reate (1) The freedom to create scientific and artistic #or-s is %uaranteed. Creative #or- may not be submitted to censorship. (2) The la# shall protect the ri%hts of citi!ens to their intellectual property$ and to the material and moral interests related to various forms of intellectual creation. (+) The State shall support the preservation$ development and propa%ation of national and #orld achievements in culture and science. Article 64 T$e Ri#$t of Acce%% to nfor"ation (1) :avin% access to any information of public interest is everybody5s ri%ht$ that may not be curtailed. (2) ccordin% #ith their established level of competence$ public authorities shall ensure that citi!ens are correctly informed both on public affairs and matters of personal interest. (+) The ri%ht of access to information may not pre)udice either the measures ta-en to protect the citi!ens or the national security. (0) The State and private media are obli%ed to ensure that correct information reaches public opinion. (3) The public media shall not be submitted to censorship. Article 6* T$e Ri#$t of Acce%% to 1ducation (1) The ri%ht of access to education is put into effect throu%h the compulsory comprehensive public school system$ lyceal (public secondary school) and vocational education$ as #ell as the hi%her education system$ and other forms of instruction and trainin%. (2) The State #ill enforce under the la# the ri%ht of each person to choose his(her lan%ua%e in #hich teachin% #ill be effected.

(+) In all forms of educational institutions the study of the country5s official lan%ua%e #ill be ensured. (0) State public education is free. (3) ll educational institutions$ includin% those that are not financed by the state$ shall be established and function under the rule of la#. (4) :i%her education institutions have the ri%ht to be autonomous. (/) The access to lyceal$ vocational and hi%her education is e"ually open to all and is based on personal merit. (;) The State ensures under the la# the freedom of reli%ious education. The State ensures a lay education. (<) The priority ri%ht of choosin% an appropriate educational bac-%round for children lies #ith the parents. Article 60 T$e Ri#$t of :ealt$ 4ecurity (1) The ri%ht of health security is %uaranteed. (2) The State shall provide a minimum health insurance$ that is free. (+) =r%anic la#s #ill establish the structure of the national health security system and the means necessary for protectin% individual physical and mental health. Article 63 T$e Ri#$t to 5ive in a :ealt$y 1nviron"ent (1) *very human bein% has the ri%ht to live in an environment that is ecolo%ically safe for life and health$ to obtain healthy food products and harmless household appliances. (2) The State %uarantees every citi!en the ri%ht of free access to truthful information re%ardin% the state of the natural environment$ the livin% and #or-in% conditions$ and the "uality of food products and household appliances. (+) 'on8disclosure or falsification of information re%ardin% factors detrimental to human health constitute offenses punishable by la#. (0) 1rivate individuals and le%al entities shall be held responsible before the la# for any dama%es they may cause to personal health and property due to an ecolo%ical offense. Article 68 T$e Ri#$t of ;otin# and <ein# 1lected (1) The foundation of State po#er is the #ill of the people made -no#n throu%h free elections held at re%ular intervals and based on universal$ e"ual$ direct$ and free suffra%e.

(2) *&cept for the persons banned from votin% by la#$ all the citi!ens of the Republic of Moldova havin% attained the a%e of 1; on or by the votin% day inclusively have the ri%ht to vote. (+) The ri%ht of bein% elected is %ranted to all citi!ens of the Republic of Moldova en)oyin% the ri%ht of votin%. Article 69 T$e Ri#$t of Ad"ini%terin# (1) The citi!ens of the Republic of Moldova have the ri%ht of participatin% in the administration of public affairs$ either directly or throu%h their representatives. (2) The access to a public office or position is %uaranteed by la# to all citi!ens of the Republic of Moldova. Article 40 T$e !reedo" of A%%e"/ly ll meetin%s$ demonstrations$ rallies$ processions or any other assemblies are free$ and they may be or%ani!ed and ta-e place only peacefully and #ithout the use of #eapons. Article 41 T$e !reedo" of )olitical A%%ociation (1) ll citi!ens are free to associate in parties and other social and political or%ani!ations. These or%ani!ations contribute to the definition and e&pression of public political #ill$ and under the rule of la# ta-e part in the electin% process. (2) ll parties and other social(political or%ani!ations are e"ual before the la#. (+) The State shall ensure the protection of the ri%hts and le%itimate interests of parties and other social(political or%ani!ations. (0) 1arties and social(political or%ani!ations are declared unconstitutional if by their aims or activities they are en%a%ed in fi%htin% a%ainst political pluralism$ the principles of the rule of la#$ the soverei%nty and independence or territorial inte%rity of the Republic of Moldova. (3) Secret associations are forbidden. (4) The activity of parties consistin% of forei%n nationals is forbidden. (/) The or%anic la# shall establish those public offices #hose holders may not )oin political parties. Article 42 T$e Ri#$t of 1%ta/li%$in# and Joinin# Trade%=+nion% (1) ny employee has the ri%ht to establish and )oin a trades8union in order to defend his(her interests.

(2) Trades8unions are founded and carry on their activities in accordance #ith their statutes under the la#. They ma-e their contribution to the defense of employees professional$ economic and social interests. Article 46 T$e Ri#$t of >or?in# and of Acce%% to >or? (1) *very person has the ri%ht to freely choose his(her #or-$ and to benefit from e"uitable and satisfactory #or-in% conditions$ as #ell as to be protected a%ainst unemployment. (2) ll employees have the ri%ht of #or- protection. In this respect the protective measures #ill bear upon #or- security and hy%iene$ #or-in% conditions for #omen and youn% people$ the introduction of minimum #a%es across the national economy$ the #ee-ly period of rest$ the paid holidays$ difficult #or-in% conditions$ as #ell as other specific situations. (+) The len%th of the #or-in% #ee- shall not e&ceed 02 hours. (0) The ri%ht of collective bar%ainin% is %uaranteed$ and so is the le%al enforceability of collective a%reements. Article 44 )ro$i/ition of !orced 5a/our (1) .orced labour is prohibited. (2) 'ot to be re%arded as forced labour are the follo#in%6 a. Military8li-e duty or the activities desi%ned to replace it$ carried out by those #ho under the la# are e&empted from compulsory military service7 b. >or- done by a convicted person under normal conditions$ in custody or on conditional release7 c. Services such as re"uired to deal #ith calamities or other dan%ers or as considered under the la# to be a part of normal obli%ations of civilians. Article 4* T$e Ri#$t of 4tri?in# (1) The ri%ht to stri-e is ac-no#led%ed. Stri-es may be started only if aimed at defendin% the economic$ social and professional interests of employees. (2) The la# #ill establish the conditions re"uested in the e&ercise of this ri%ht$ as #ell as the responsibility involved in the ille%al start of stri-es. Article 40 T$e Ri#$t of )rivate )roperty and t% )rotection (1) The ri%ht to possess private property and the debts incurred by the State are %uaranteed. (2) 'o one may be e&propriated e&cept for reasons dictated by public necessity$ as established by la# and a%ainst )ust and appropriate compensation made in advance.

(+) 'o assets le%ally ac"uired may be confiscated. The effective presumption is that of le%al ac"uirement. (0) ?oods destined for$ used or resulted from crimes or offenses may be confiscated only as established by la#. (3) The ri%ht of private property carries #ith it the duty to observe the roles re%ardin% the protection of the environment$ the maintenance of %ood nei%hbourly relations and the observance of all the other duties that have to be fulfilled by o#ners of private property under the la#. (4) The ri%ht to inherit private property is %uaranteed. Article 43 T$e Ri#$t of Receivin# 4ocial A%%i%tance and )rotection (1) The State is obli%ed to ta-e action aimed at ensurin% that every person has a decent standard of livin%$ #hereby %ood health and #elfare based on available food$ clothin%$ shelter$ medical care$ and social services are secured for that person and his(her family. (2) ll citi!ens have the ri%ht to be insured a%ainst such adversities as6 unemployment$ disease$ disability$ #ido#hood$ old a%e or other situations #here$ due to causes beyond one5s control one loses the source or means of obtainin% the necessities of life. Article 48 !a"ily (1) The family is the natural and fundamental constituent of society and as such has the ri%ht to be protected by the State and by society. (2) The family is founded on the freely consented marria%e of husband and #ife$ on the spouses e"uality of ri%hts and on the duty of parents to ensure their children5s upbrin%in% and education. (+) The la# shall establish under #hich conditions a marria%e may be concluded$ terminated or annulled. (0) Children have a duty to loo- after their parents and help them in need. Article 49 )rotection of !a"ily and Orp$aned '$ildren (1) @y economic and other actions the State shall support the formation and development of families$ and the fulfillment of their duties. (2) The State shall protect the motherhood$ the children and the youn% and promote the development of the institutions re"uired to put that protection into effect. (+) ll efforts aimed at maintainin%$ brin%in% up and educatin% orphaned children and those children deprived of parental care constitute the responsibility of the State and of society. The state promotes and supports charitable activities for the benefit of these children. Article *0 )rotection of Mot$er%, '$ildren and @oun# )eople

(1) Mothers and children have the ri%ht of receivin% special protection and care. ll children$ includin% those born out of #edloc-$ shall en)oy the benefits of the same social assistance. (2) Children and youn% people en)oy a special form of assistance in the enforcement of their ri%hts. (+) The State shall %rant the re"uired allo#ances for children and the aid needed for the care of sic- or disabled children. The la# shall provide for other forms of social assistance for children and the youn%. (0) @oth the e&ploitation of minors and their misuse in activities endan%erin% their health$ moral conduct$ life or normal development are forbidden. (3) It is the duty of the public authorities to establish the conditions enablin% the youn% people to ta-e part freely in the social$ economic$ cultural and sportin% life of the country. Article *1 )rotection of &i%a/led )er%on% (1) The disabled persons shall en)oy a special form of protection from the #hole of society. The State shall ensure that normal conditions e&ist for medical treatment and rehabilitation$ education$ trainin% and social inte%ration of disabled persons. (2) *&cept for those cases that are provided for under the la# nobody may be submitted to forced medical treatment. Article *2 Ri#$t of )etitionin# (1) ll citi!ens have the ri%ht to apply to public authority by #ay of petitions formulated in behalf of the applicants. (2) 9e%ally established or%ani!ations may petition e&clusively in behalf of the associations or bodies they represent. Article *6 Ri#$t% of )er%on% A##rieved /y )u/lic Aut$ority (1) ny person$ #hose ri%hts have been trespassed upon in any #ay by public authority throu%h an administrative rulin% or lac- of timely le%al reply to an application$ is entitled to obtain ac-no#led%ement of those ri%hts$ the cancellation of the rulin% and payment of dama%es. (2) The State is under patrimonial liability as foreseen by the la# for any pre)udice or in)ury caused in la#suits throu%h errors of the police or the )udiciary. Article *4 Re%trictin# t$e 19erci%e of 'ertain Ri#$t% or !reedo"% (1) 'o la#s suppressin% or violatin% fundamental human ri%hts and freedoms shall be adopted in the Republic of Moldova.

(2) The e&ercise of certain ri%hts or freedoms may be restricted only under the la#s #hich meet %enerally accepted principles of the international la#$ and only as re"uired in cases li-e6 the defense of national security$ of territorial inte%rity$ of economic #elfare of the country$ of public order$ preventin% mass disorders and offences$ of protectin% citi!ens ri%hts$ freedoms$ and personal di%nity$ preventin% the disclosure of confidential information or %uaranteein% )udiciary authority and impartiality. (+) 1rovisions of para%raph (2) do not provide for the infrin%ement of the ri%hts stipulated in rticles 22820. (0) The restrictions enforced must be in proportion to the situation that caused it$ and may not affect the e&istence of that ri%ht or liberty. [Art.#4 in the wording of the Law no."#1-XV of 12.07.2001] '$apter . !unda"ental &utie%

Article ** 19erci%e of Ri#$t% and !reedo"% a% )art of An nte#rated 4y%te" *very citi!en has to e&ercise his(her constitutional ri%hts and freedoms in %ood faith$ #ithout infrin%in% others5 ri%hts and freedoms. [Art.## in the wording of the Law no."#1-XV of 12.07.2001] Article *0 Alle#iance to t$e 'ountry (1) lle%iance and loyalty to the are sacred. (2) Citi!ens entrusted #ith the holdin% of public office$ as #ell as the military$ are under the responsibility to fulfil faithfully their duties to#ards the state$ and in %iven situations shall also ta-e the oath as re"uested by la#. Article *3 &efen%e of Mot$erland (1)It is the ri%ht and the sacred duty of every citi!en to defend one5s motherland. (2) The national armed forces constitute the frame#or- for performin% military services$ for national defense$ %uardin% the borders$ and maintainin% public older under the la#. Article *8 !inancial 'ontri/ution% (1) ll citi!ens are under obli%ation to contribute by #ay of ta&es and financial impositions to public e&penditure. (2) The system of le%al ta&ation must ensure a )ust distribution of fiscal burdens over the population. (+) ll ta&ation other than that established by la# is forbidden.

rticle *9 )rotection of 1nviron"ent and )u/lic Monu"ent% It is the duty of every citi!en to protect the natural environment$ and to preserve and protect the country5s historical and cultural sites and monuments.