Moldova (Republic of) 1994 (rev. 2016) Subsequently amended

Article 15. Universality

Article 16. Equality

1. The foremost duty of the State shall be the respect and protection of human person.
2. Equality regardless of political party, Equality regardless of race, Equality regardless of religion, Equality regardless of nationality, Equality regardless of financial status, Equality regardless of gender, Equality regardless of creed or belief, Equality regardless of social status, Equality regardless of language
   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 17. Citizenship of the Republic of Moldova

1. Requirements for birthright citizenship, Requirements for naturalization
   The citizenship of the Republic of Moldova shall be acquired, maintained or withdrawn under the conditions provided for by the organic law.
2. Right to renounce citizenship
   No one may be arbitrarily deprived of his/her citizenship or of the right to change the citizenship.

Article 18. Protection of the Republic of Moldova citizens

1. Citizens of the Republic of Moldova shall benefit by the State protection both within the country and abroad.
2. Extradition procedure
   Citizens of the Republic of Moldova may not be extradited or expelled from the country.

Article 19. Legal status of foreign citizens and stateless persons

1. Foreign citizens and stateless persons shall enjoy the similar rights and duties as the citizens of the Republic of Moldova, except for the terms under the law.
2. International law, Extradition procedure
   Foreign citizens and stateless persons may be extradited only in compliance with an international covenant, in terms of reciprocity or on the ground of a decision delivered by a law court.
3. International law, Protection of stateless persons
   The right to asylum shall be granted and withdrawn under the law and in compliance with the international treaties to which the Republic of Moldova is a party.

Article 20. Free access to justice

1. Any individual person shall be entitled to obtain effective reparation from the part of competent courts of law against actions infringing upon his/her legitimate rights, freedoms and interests.
2. No law may restrict the access to justice.

Article 21. Presumption of innocence

Article 22. Non-retroactivity of the law

Article 23. Right of every person to be acknowledged on his/her rights and duties

1. Every one shall have the right to an acknowledged legal status.
2. 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 24. Right to life, to physical and mental integrity

1. Right to life
   The State shall guarantee to everyone the right to life, to physical and mental integrity.
2. Prohibition of cruel treatment, Prohibition of torture
   No one shall be subject to torture or other cruel, inhuman or degrading punishments or treatments.
3. Prohibition of capital punishment
   The capital punishment shall be abolished. No one shall be sentenced to such a penalty, nor executed.

Article 25. Individual freedom and security of person

1. Individual freedom and security of person shall be inviolable.
2. Search, detainment in custody or arrest of a person shall be allowed only in cases and pursuant to the procedure foreseen by the law.
3. The period of detention in custody may not exceed 72 hours.
4. Arrest shall be made under a warrant issued by a judge for a period of 30 days at the most. The arrested person may lodge a complaint with a hierarchically superior court of law on the legality of the warrant, under the terms of law. The term of detention may be extended, under the law, only by the judge or court of law to 12 months at the most.
5. Right to counsel
   The detained in custody or arrested person shall be informed without delay on the reasons of his/her detention or arrest, and notified of the charges against him/her, as soon as possible; the notification of the charges shall be made only in the presence of a lawyer, either chosen by the defendant or appointed ex officio.
6. The release of the detained or arrested person shall be mandatory, if the reasons of his/her detention or arrest have been eliminated.

Article 26. Right to defence

1. The right to defence shall be guaranteed.
2. Everyone shall be entitled to respond independently by appropriate legitimate means to an infringement of his/her rights and freedoms.
3. Throughout the trial the parties shall have the right to be assisted by a lawyer, either chosen or appointed ex officio.
4. Any interference with the activity of the persons carrying out the defence within legally established limits shall be punishable by law.

Article 27. Right of free movement

1. The right of free movement throughout the country shall be guaranteed.
2. Every citizen of the Republic of Moldova shall be guaranteed the right to settle his/her domicile or place of residence anywhere within the national territory, to travel abroad, to emigrate and to return to the country.

Article 28. Intimate, family and private life

Article 29. Inviolability of domicile

1. 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.
2. The law shall allow the derogation from the provisions of paragraph (1) under the following circumstances:
   1. for carrying into effect of an arrest warrant or a court sentence;
   2. for forestalling of an imminent danger threatening a person's life, physical integrity and belongings;
   3. for preventing the spreading of an epidemic disease.
3. Searches and investigations on the spot shall be ordered and carried out only under the terms of law.
4. House searches at night shall be forbidden except for the cases of a flagrant misdemeanour.

Article 30. Privacy of correspondence

1. Telecommunications
   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.
2. 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 31. Freedom of conscience

1. Freedom of opinion/thought/conscience
   The freedom of conscience shall be guaranteed and its manifestations should be in a spirit of tolerance and mutual respect.
2. The freedom of religious cults shall be guaranteed and they shall organize themselves and operate according to their own statutes under the rule of law.
3. In the relationships between the religious cults any manifestation of discord shall be forbidden.
4. The religious worships shall be autonomous, independent from the State and shall enjoy the latter's support, including by facilitating the religious assistance in the army, hospitals, penitentiaries, nursing homes and orphanages.

Article 32. Freedom of opinion and expression

1. Every citizen shall be guaranteed the freedom of thought and opinion, as well as the freedom of expression in public by way of word, image or any other means possible.
2. Human dignity, Right to protect one's reputation
   The freedom of expression may not prejudice the honour, dignity or the right of the other person to hold his/her own viewpoint.
3. The law shall forbid and prosecute all actions aimed at denying and slandering of the State and people, the instigation to sedition, war of aggression, national, racial or religious hatred, the incitement to discrimination, territorial separatism, public violence, or other manifestations encroaching upon the constitutional regime.

Article 33. Freedom of creation

1. Reference to art, Reference to science
   The freedom of the artistic and scientific creation shall be guaranteed. The creation whatsoever shall not be subject to censorship.
2. Provisions for intellectual property
   The right of citizens to intellectual property, their material and moral interests related to various types of intellectual creation shall be protected by law.
3. Reference to science, Right to culture
   The State shall contribute to the preservation, development and propagation of national and world achievements in culture and science.

Article 34. Right of access to information

1. The right of a person to have access to any kind of information of public interest shall not be curtailed.
2. Public authorities, pursuant to their assigned competence, shall be compelled to ensure that citizens are correctly informed both on public affairs and issues of personal interest.
3. The right of access to information may not prejudice either the measures of citizens' protection or the national security.
4. The state and private mass-media means shall be bound to provide the correct information to the public opinion.
5. Freedom of press
   The public mass-media means shall not be subject to censorship.

Article 35. Right to education

1. Compulsory education
   The right to education shall be put into effect by the compulsory comprehensive school system, lyceum education (secondary school) and vocational training, as well as the higher education system, and other forms of instruction and knowledge improvement.
2. The State shall ensure, under the law, the right of anyone to choose the language in which the teaching and training are to be performed.
3. The study of the official language shall be ensured within all types of educational institutions.
4. Free education
   The state education system shall be free.
5. The educational institutions, including those not financed by the State, shall be set up and operate under the rule of law.
6. Higher education institutions shall enjoy the right to autonomy.
7. Access to higher education
   The state lyceum, vocational and higher education system shall be accessible to everyone on the basis of personal merits.
8. The State shall ascertain, under the law, the freedom of religious education. The State education system shall be of a lay nature.
9. Rights or duties of parents
   The priority right to choose an appropriate field of instruction for the children lies with their parents.

Article 36. Right to health protection

1. The right to health protection shall be guaranteed.
2. The minimum health insurance provided by the State shall be free.
3. The structure of the national system of medical assistance and the necessary means aimed at protecting the individual physical and mental health shall be provided for by organic law.

Article 37. Right to a healthy environment

1. 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.
2. 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.
3. Concealment or forgery of the information regarding the factors detrimental to human health shall be prohibited by law.
4. Natural and legal entities shall be held liable for the damages caused to a person's health and property due to ecological trespasses.

Article 38. Right to vote and right to stand for election

1. Claim of universal suffrage, Secret ballot
   The people's will shall constitute the basis of the State power. This will is expressed by free elections periodically conducted and based on universal, equal, direct, secret and freely expressed suffrage.
2. Restrictions on voting
   Except for the persons banned from voting by law, all citizens of the Republic of Moldova having attained the age of 18, including by the day of election, shall be entitled to vote.
3. The right to stand for election shall be guaranteed, under the law, to all citizens of the Republic of Moldova enjoying the right to vote.

Article 39. Right of administering

1. Citizens of the Republic of Moldova shall benefit by the right to take part in the administration of public affairs, either directly or through their representatives.
2. The access to a public office shall be guaranteed by law to any citizen of the Republic of Moldova.

Article 40. Freedom of assembly

Article 41. Freedom of parties and other socio-political organisations

1. Right to form political parties, Freedom of association
   All citizens shall be free to associate in parties and other socio-political organizations. These organizations shall contribute to the definition and expression of the citizens' political will and take part in the election process under the rule of law.
2. All parties and other socio-political organizations shall be equal before the law.
3. The State shall ensure the protection of the legitimate rights and interests of parties and other socio-political organizations.
4. Prohibited political parties
   Parties and other socio-political organizations, which by their objectives or activities, are engaged in fighting against political pluralism, the principles of the state governed by the rule of law, sovereignty, independence and territorial integrity of the Republic of Moldova shall be declared unconstitutional.
5. Secret associations shall be forbidden.
6. Prohibited political parties
   The activity of parties consisting of foreign nationals shall be forbidden.
7. The organic law shall lay down those public offices whose holders may not join political parties.

Article 42. Right to set up and join trade-unions

1. Any employee shall enjoy the right to set up and join trade-unions as to defend his/her interests.
2. Trade-unions shall be founded and conduct their activities pursuant to their statutes under the law. They shall contribute to the protection of the employees' professional, economic and social interests.

Article 43. Right to work and labour protection

1. Right to choose occupation, Right to safe work environment, Right to work
   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.
2. Limits on employment of children, Right to safe work environment, Right to rest and leisure
   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.
3. Right to rest and leisure
   The length of the working week shall not exceed 40 hours.
4. The right to hold labour bargaining and the binding nature of collective agreements shall be guaranteed.

Article 44. Prohibition of forced labour

1. Forced labour shall be prohibited.
2. It shall not be regarded as forced labour:
   1. Right to conscientious objection
      any service of military character or activities performed in lieu thereof by those who, under the law, are exempted from compulsory military service;
   2. the work of a sentenced person, carried out under normal conditions, during detention or conditional release;
   3. 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 45. Right to strike

1. The right to strike shall be acknowledged. Strikes may be unleashed only with the view of protection the employees' professional interests of economic and social nature.
2. The law shall set forth conditions governing the exercise of the right to strike, as well as the responsibility for illegal unleash of the strikes.

Article 46. Right to private property and its protection

1. Right to own property
   The right to possess private property and the debts incurred by the State shall be guaranteed.
2. Protection from expropriation
   No one may be expropriated unless for a matter of public utility, established, under the law, against a fair and previously determined compensation.
3. No assets legally acquired may be seized. The legal nature of the assets' acquirement shall be presumed.
4. Goods intended for, used or resulted from misdemeanours or offences shall be seized only under the law.
5. Protection of environment
   The right to hold private property shall coerce to the observance of duties as regarding the environment protection and maintenance of good neighbourhood, as well as other tasks incumbent upon the owner, under the law.
6. Right to transfer property
   The right to inherit private property shall be guaranteed.

Article 47. Right to social assistance and protection

1. Right to shelter, Right to health care, Right to reasonable standard of living
   The State shall be bound to take actions aimed at ensuring to every person and to his/her family a decent standard of living, health protection and welfare including food, clothing, shelter, medical care, and the necessary social services.
2. State support for the disabled, State support for the elderly, State support for the unemployed
   All citizens shall have the right to be socially secured in case of: unemployment, disease, disability, widowhood, old age or other cases of loss of the subsistence means, due to certain circumstances beyond their control.

Article 48. Family

1. Right to found a family
   The family shall represent the natural and fundamental factor of the society, and shall enjoy the State and society protection.
2. Regulation of marriage, Provision for matrimonial equality, Rights or duties of parents
   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.
3. Regulation of marriage
   The law shall lay down the conditions under which a marriage shall be concluded, terminated or annulled.
4. Rights or duties of parents
   Children shall pledge to take care of their parents and support them in need.

Article 49. Protection of family and orphaned children

1. Right to found a family
   The State shall facilitate, by economic and other such actions, the formation of a family, and the fulfilment of its assigned obligations.
2. State support for children
   The State shall protect the motherhood, children and young people, by fostering the development of the required institutions.
3. State support for children
   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

1. 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.
2. Children and young people shall enjoy a special form of assistance in the pursuit of their rights.
3. 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.
4. Limits on employment of children
   The exploitation of minors and their involvement in activities, which might be injurious to their health, moral conduct, or endanger their life or proper development shall be forbidden.
5. 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

1. The disabled persons shall enjoy special protection from the whole of society. The State shall ensure normal conditions for medical treatment and rehabilitation, education, training and social integration of disabled persons.
2. No one can be subdued to the forced medical treatment unless for the cases foreseen by law.

Article 52. Right to lodge petitions

1. All citizens shall be entitled to refer to public authorities by way of petitions formulated only on behalf of the signatories.
2. Legally established organizations shall have the right to lodge petitions exclusively on behalf of the bodies they represent.

Article 53. Right of the person prejudiced by a public authority

1. Any person prejudiced in any of his/her rights by a public authority through an administrative act or failure to solve a complaint within the legal term, shall be entitled to obtain the acknowledgement of the claimed right, cancellation of the act and payment of damages.
2. Protection from false imprisonment
   The State shall be under patrimonial liability, as foreseen by law, for any prejudice caused through errors committed in criminal suits by the investigation bodies and law courts.

Article 54. Restriction on the exercise of certain rights or freedoms

1. In the Republic of Moldova no law may be adopted which might curtail or restrict the fundamental rights and liberties of the person and citizen.
2. International law, Customary international law
   The pursuit of the rights and freedoms may not be subdued to other restrictions unless for those provided for by the law, which are in compliance with the unanimously recognized norms of the international law and are requested in such cases as: the defence of national security, territorial integrity, economic welfare of the State, public order, with the view to prevent the mass revolt and felonies, protect other persons' rights, liberties and dignity, impede the disclosure of confidential information or guarantee the power and impartiality of justice.
3. The provisions under paragraph (2) shall not allow the restrictions of the rights sanctioned in Articles 20-24.
4. The restriction enforced must be proportional to the situation that caused it and may not affect the existence of that right or liberty.

Article 55. Exercise of rights and freedoms

Article 56. Devotedness towards the country

1. Devotedness towards the country shall be sacred.
2. Citizens holding public offices, as well as military persons shall be held responsible for loyal fulfilment of the obligations they are bound to, and in cases foreseen by law, they shall take the oath as requested.

Article 57. Defence of the Motherland

1. The defence of the motherland shall represent a sacred right and duty of each citizen.
2. The military service shall be performed within the armed forces intended to national and borders defence, as well as to the maintenance of public order under the law.

Article 58. Financial contributions

1. Duty to pay taxes
   Citizens shall be under the obligation to contribute, by duties and taxes, to public expenditures.
2. The legal taxation system must ensure a fair distribution of the tax burdens.
3. Any other dues shall be prohibited, save for those determined by law.

Article 59. Protection of the environment and monuments

SECTION I. Organisation and functioning

SECTION II. Status of the Parliament members

SECTION III. Legislation

Article 77. President of the Republic of Moldova - Head of the State

1. Name/structure of executive(s)
   The President of the Republic of Moldova shall be the head of the State.
2. The President of the Republic of Moldova shall represent the State and shall be the guarantor of the national sovereignty and independence, as well as of the territorial unity and integrity of the State.

Article 78. Election of the President

1. Claim of universal suffrage, Secret ballot
   The President of the Republic of Moldova is elected by freely-expressed, universal, equal, direct, and secret suffrage.
2. Minimum age of head of state, Eligibility for head of state
   Any citizen of the Republic of Moldova with the right to vote and over 40 years of age who has been living and has the permanent residence on the territory of the Republic of Moldova for no less than 10 years and speaks the official language may run for the office of President of the Republic of Moldova.
3. The candidate obtaining at least half the votes cast in the presidential election shall be proclaimed as the new President.
4. If after the first ballot no candidate will have obtained the above-mentioned majority of votes, a second ballot shall be held to choose from the first-placed two candidates, in the order of the number of votes cast for them in the first ballot. On condition that the number of the votes cast for him be bigger than the number of the votes cast against him, the candidate obtaining most of the votes cast in the second ballot shall be proclaimed as the new President.
5. The procedure for the election of the President of the Republic of Moldova shall be provided for by organic law.

Article 79. Mandate validation and taking the oath

1. The Constitutional Court shall validate the result of election for the office of the President of the Republic of Moldova.
2. Within 45 days at the most following the election, the successful candidate whose election has been validated shall take the following oath before the Parliament and the Constitutional Court:

   "I solemnly swear to devote all my personal strength and abilities to the prosperity of the Republic of Moldova, to abide by the Constitution and the laws of the country, to defend democracy, fundamental human rights and freedoms, the sovereignty, independence, unity and territorial integrity of Moldova"

Article 80. Term of office

1. Head of state term length
   The mandate of the President of the Republic of Moldova shall have a 4-year tenure and shall start on the oath- taking day.
2. The acting President of the Republic of Moldova shall exercise his/her mandate until the newly elected President is sworn in.
3. Emergency provisions
   The mandate of the President of the Republic of Moldova may be prolonged in the event of war or calamity by organic law.
4. Head of state term limits
   No person may discharge the duties of the President of the Republic of Moldova unless for 2 consecutive mandates at the most.

Article 81. Incompatibilities and immunities

1. The office of the President of the Republic of Moldova shall be incompatible with the holding of any other remunerated position.
2. Head of state immunity
   The President of the Republic of Moldova shall enjoy immunity. He shall not be held legally liable for the opinions expressed in the exercise of his/her mandate.
3. Supreme court powers, Head of state removal
   Based on the majority of at least two-thirds of the vote's cast of its members, the Parliament may decide to indict the President of the Republic of Moldova, in the event the latter commits an offence. The Supreme Court of Justice shall be ascribed the power of prosecution under the law. The President shall be legally removed from office at the date of ultimate delivery of the court sentencing.

Article 82

Article 83

Article 84. Messages

1. The President of the Republic of Moldova may attend the Parliament working sessions.
2. The President of the Republic of Moldova shall address the Parliament messages related to the main issues of national interest.

Article 85. Dissolution of Parliament

1. In the event of the impossibility to form the Government or of blocking up the procedure of adopting the laws within 3 months, the President of the Republic of Moldova, following the consultations of the parliamentary fractions, may dissolve the Parliament.
2. The Parliament may be dissolved, if it has not passed the vote of confidence for setting up of the new Government within the term of 45 days from the first presidential request and only after the decline of at least two requests of investiture.
3. The Parliament may be dissolved only once in the course of a year.
4. Emergency provisions
   The Parliament may not be dissolved within the last 6 months of the term of office of the President of the Republic of Moldova nor during a state of emergency, martial law or war.

Article 86. Powers in the field of external policy

1. Treaty ratification, International law
   The President of the Republic of Moldova shall be empowered to hold official negotiations, to conclude international treaties on behalf of the Republic of Moldova and to submit them, in the established under the law manner and term, to the Parliament for ratification.
2. Upon proposal of the Government, the President of the Republic of Moldova shall accredit and recall the Republic of Moldova's diplomatic representatives, as well as it shall approve the setting up, cancellation or changing of the diplomatic missions' ranking.
3. The President of the Republic of Moldova shall receive the letters of accreditation and of recall of foreign diplomatic envoys in the Republic of Moldova.

Article 87. Powers in the field of national defence

1. The President of the Republic of Moldova shall be the Commander-in-Chief of the armed forces.
2. Upon prior approval of the Parliament, the President of the Republic of Moldova shall declare partial or general mobilization of the armed forces.
3. Power to declare/approve war
   In the event of the armed aggression against the country, the President of the Republic of Moldova shall undertake the necessary steps to repulse the aggression, as well as he shall declare a state of war and acknowledge the Parliament without delay about this state of affairs. Whether the Parliament is not in session, it shall be legally convened within 24 hours from the aggression unleash.
4. The President of the Republic of Moldova may take other due measures as to ensure the national security and public order under the scope and terms of the law.

Article 88. Other powers

Article 89. Suspension from office

1. In the event the President of the Republic of Moldova commits certain deeds infringing upon the constitutional provisions, he/she shall be dismissed from office by the Parliament based on a majority vote of two-thirds of its members.
2. The motion soliciting the dismissal from office shall be launched by at least one-third of the members and shall be brought to the knowledge of the President without delay. The President may give explanations on the charged deeds before the Parliament and the Constitutional Court.
3. Referenda
   If the motion requesting suspension from office meets with approval, a national referendum shall be organized within 30 days to remove the President from office.

Article 90. Vacancy of the office

1. The vacancy of office of the President of the Republic of Moldova shall be declared as consequence of expiry of the mandate, resignation, removal from office, definite impossibility of executing his/her functional duties or death.
2. The request for resignation of the President of the Republic of Moldova is brought before the Parliament, which shall express its opinion over it.
3. The impossibility of the President of the Republic of Moldova to exercise his/her duties for more than 60 days shall be confirmed by the Constitutional Court within 30 days from the date of the submission of application.
4. Head of state replacement
   Within 2 months following the date of vacancy of office of the President of the Republic of Moldova, new presidential elections shall be conducted, according to the law.

Article 91. Interim office

Article 92. Responsibility of the interim President

Article 93. Promulgation of laws

1. The President of the Republic of Moldova shall promulgate the laws.
2. Veto override procedure
   The President of the Republic of Moldova shall be entitled, whenever he has certain objections regarding a law, to submit it within two weeks at the most to the Parliament for reconsideration. In the event the Parliament abides by its previously passed decision, the President shall promulgate the law.

Article 94. Presidential acts

1. In the exercise of his/her powers, the President of the Republic of Moldova shall issue decrees whose enforcement is mandatory throughout the entire territory of the State. The decrees shall be published in the "Monitorul Oficial" of the Republic of Moldova.
2. The decrees issued by the President in the exercise of his/her powers laid down in Article 86 paragraph (2) and Article 87 paragraph (2), (3) and (4) shall be countersigned by the Prime-Minister.

Article 95. Financial resources of the President apparatus, indemnity and other rights

1. Financial resources of the President apparatus shall be submitted to Parliament for approval and shall be included in the state budget.
2. The indemnity and other rights ascribed to the President shall be established under the law.

Article 96. Role

1. The Government shall ensure the carrying out of the state internal and external policy and shall exercise the general leadership of the public administration.
2. In the exercise of its prerogatives, the Government shall be guided by its programme of activity endorsed by the Parliament.

Article 97. Structure

Article 98. Investiture

1. The President of the Republic of Moldova shall designate a candidate for the office of Prime Minister after hearing of the parliamentary fractions.
2. Cabinet selection, Deputy executive
   The candidate for the office of Prime Minister shall request, within 15 days following the designation, the vote of confidence of the Parliament over the programme of activity and the entire list of the Government members.
3. Deputy executive, Cabinet selection
   The Parliament shall debate in session upon both the programme of activity and the list of Government members and shall grant confidence to the Government with the vote of majority of the elected Parliament members.
4. Cabinet selection, Deputy executive
   On the basis of the vote of confidence granted by the Parliament, the President of the Republic of Moldova shall appoint the Government.
5. The Government shall enter into the exercise of its powers on the very day of taking the oath by its members before the President Republic of Moldova.
6. Cabinet removal
   In the event of the governmental reshuffle or the vacancy of office, the President of the Republic of Moldova shall revoke and appoint, upon the proposal of the Prime Minister, some Government members.

Article 99. Incompatibilities

1. Eligibility for cabinet, Head of government's role in the legislature
   The office of the Government member shall be incompatible with the holding of any other remunerated position.
2. Other incompatibilities shall be specified by organic law.

Article 100. Termination of office of the Government member

Article 101. Prime Minister

1. Head of government powers
   The Prime Minister shall exercise the leadership of the Government and shall coordinate the activity of its members, abiding by the powers delegated to them.
2. Head of government replacement
   In case of impossibility of the Prime Minister to discharge his/her functional duties or in case of his/her demise, the President of the Republic of Moldova shall designate another Government member to fulfil the interim office of Prime Minister until the formation of the new Government. The interim office, during the period of impossibility to perform the functional duties, shall cease whether the Prime Minister resumes his/her activity within the Government.
3. Cabinet removal
   In the event of the Prime Minister resignation, the whole Cabinet shall leave the office.

Article 102. Acts of the Government

1. The Government shall adopt decisions, ordinances and regulations.
2. The decisions shall be adopted for laws enforcement.
3. The ordinances shall be issued under the terms of Article 106.
4. The decisions and ordinances adopted by the Government shall be signed by the Prime Minister, countersigned by the ministers bearing the responsibility to put them into effect and shall be published in "Monitorul Oficial" of the Republic of Moldova. Non-publication entails the null and void character of the decision and ordinance.
5. The regulations shall be issued by the Prime Minister for the organisation of the internal activity of the Government.

Article 103. Termination of mandate

1. The Government shall exercise its mandate up to the date of validation of the new parliamentary elections.
2. The Government, in case of expression by the Parliament of the vote of no confidence, the Prime Minister resignation or pursuant to the terms under paragraph (1), shall perform only the functions of administration of public affairs, until the taking the oath of a new Government.

Article 104. Informing of the Parliament

1. Legislative committees
   The Government shall be responsible before the Parliament, its committees and individual members in providing them the solicited information and documents.
2. The Government members shall have access to the Parliament sessions. Their attendance shall be mandatory if so requested.

Article 105. Questions and interpellations

1. The Government as a whole and each of its members shall be bound to reply to the questions or interpellations raised by the Parliament members.
2. Parliament may pass a motion to formulate its standpoint as regarding the issue of interpellation.

Article 106. Vote of no confidence

1. The Parliament, upon proposal of at least a quarter of its members, may carry on a motion of no confidence to the Government, based on the majority vote of the Parliament members.
2. The initiative to express a vote of no confidence shall be examined within 3 days from the date of its submission to Parliament.

Article 106a. Assumption of responsibility by the Government

1. The Government may assume responsibility before the Parliament upon a programme of activity, a general policy statement, or a draft law.
2. Head of government removal, Cabinet removal
   The Government shall be dismissed if a motion of censure, tabled within 3 days following the date of submission of the programme, general policy statement, or the draft law, has been passed in terms under Article 106.
3. In the event, the Government has not been dismissed pursuant to paragraph (2), the lodged draft law shall be considered adopted, and the programme or the general policy statement shall become mandatory upon the Government.

Article 106b. Legislative delegation

1. With the view of bringing into operation of the Government programme of activity, the Parliament may pass, upon the latter's proposal, a special law enabling the Government to issue ordinances in the fields which do not fall within the scope of organic laws.
2. The enabling law shall compulsorily establish the field and the date up to which ordinances can be issued.
3. Ordinances shall enter into force at the date of their publication, without being promulgated.
4. If the enabling law so request, ordinances shall be submitted to Parliament for approval. The draft law on the ordinances approval shall be presented within the term established by the enabling law. Non-compliance with the term entails the discontinuation of the ordinance's effects. If the Parliament does not decline the draft law on the approval of ordinances, the latter shall remain in force.
5. Following the expiration term established for the ordinances' issue, the latter may be abrogated, disclaimed or amended only by law.

Article 107. Specialized central public administration

1. Ministries shall constitute specialized central bodies of the State. They shall bring into practice the Government policy, its decisions and orders, under the law, as well as shall supervise over the entrusted fields and shall be held responsible for the performed activities.
2. Other administrative authorities shall be set up, under the law, in order to manage, coordinate and exercise the control over the national economy and other fields, which do not directly fall within the competence of the ministries.

Article 108. Armed forces

1. The armed forces shall be exclusively subordinated to the will of people as to safeguard the sovereignty, independence, unity and territorial integrity of the country and constitutional democracy.
2. The structure of the national system of defence shall be laid down by organic law.

Article 109. Basic principles of local public administration

1. Public administration within the administrative-territorial units shall be based on the principles of local autonomy, decentralization of public services, eligibility of the local public administration authorities and consultation of citizens on local problems of special interest.
2. The concept of autonomy shall encompass both the organization and functioning of the local public administration, as well as the management of the communities represented by that administration.
3. The enforcement of the aforesaid principles may not alter the unitary character of the State.

Article 110. Administrative-territorial organization

1. The territory of the Republic of Moldova shall be divided, as regarding the administrative organisations, into villages, towns, districts and the autonomous territorial-unit of Gagauzia. Certain towns may be declared municipalities under the law.
2. Places on the left bank of the Dniester river may be assigned special forms and conditions of autonomy according to the special statutory provisions adopted by organic law.
3. The status of the capital of the Republic of Moldova - the city of Chisinau shall be regulated by organic law.

Article 111. Autonomous territorial - unit of Gagauzia

1. 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.
2. 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.
3. Within the autonomous territorial-unit of Gagauzia shall operate representative and executive bodies according to the law.
4. Ownership of natural resources
   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.
5. 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.
6. 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.
7. Organic laws
   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.

Article 112. Village and town authorities

1. The public administration authorities, by which local autonomy is exercised in villages and towns, shall be represented by local elected councils and mayors.
2. The local councils and mayors shall operate, under the law, as autonomous administrative authorities and shall be assigned the task of solving public affairs in villages and towns.
3. The manner of electing the local councils and mayors, as well as their powers and ambit of competence shall be established by law.

Article 113. District council

1. The district council shall coordinate the activity of village and town councils with the view of bringing into effect of public services at district level.
2. The district council shall be elected and operate under the law.
3. The relationships between the local public authorities shall be based on the principles of autonomy, legality and cooperation in solving common issues.

SECTION I. Courts of law

SECTION II. Superior Council of Magistrates

SECTION III. Public Prosecution