«Application of the public international law and international civil procedure law with regard to non-recognized states: a case of Transnistria»  

TRANSNISTRIA Since its declaration of independence in 1990, it is governed as the Pridnestrovian Moldavian Republic (PMR), also known as Pridnestrovie or Transnistria. international agreements of Soviet Union and MSSR in regard to Transnistria do not apply.

GAGUZIA AUTONOMY In 1990, the military conflict was prevented. In the end of 1994 Gagauzia became a part of Moldova as an autonomy region.

Historical background Before creation of the Moldavian SSR in 1940, the Bessarabian part of Moldova, was united with Romania (1918–1940). Transnistria was part of the Ukrainian SSR, as an autonomous republic called the Moldovan Autonomous Soviet Socialist Republic, with Tiraspol as its capital (1924 1940).

2 main historical and legal reasons for TN statehood (position of TN): Moldovan authorities proclaimed a course toward secession from the Soviet Union and the creation of an independent state a year and a half before the collapse of the Soviet Union. Molotov-Ribbentrop Pact was invalidated by Moldavian authorities

7 referendums took place in Transnistria (last referendum in 2006) Do you support the policy of independence of the PMR and the subsequent free accession of Transnistria to the Russian Federation? (97.1% - in favor) Do you consider possible rejection of the independence of the PMR with the subsequent entry into the Republic of Moldova? (94.6% - against)

Abkhazia South Ossetia Nagorno-Karabakh Transnistria Commonwealth of Unrecognized States (the so-called CIS-2 or parallel CIS). Abkhazia South Ossetia Nagorno-Karabakh Transnistria

Documents signed between PMR and Republic of Abkhazia on mutual recognition and equivalence of documents on the level of education on mutual visa-free travel of citizens on cooperation between banks on cooperation between the Ministries of Defense Etc More than 23 agreements

All interaction and correspondence is done through the TN MFA The body, which deals with issues of legal assistance and cooperation with foreign states – MFA http://www.mfa-pmr.org/ All interaction and correspondence is done through the TN MFA law enforcement agencies interbank cooperation Interdepartmental interaction mutual recognition of judicial decisions (custody)

1992 Agreement on the principles of the settlement of the armed conflict in the Transnistrian region of the Republic of Moldova

1997 Primakov's project The model of a "common state"

"Kuchma Plan“ 2002

"Memorandum of Dmitrity Kozak“ 2003

"Yushchenko Plan“ 2005

"Miseberg Memorandum“ 2010

Federalization plan of new President of Moldova 2016

NEGOTIATION PROCESS OSCE facilitating negotiation 5+2 in Moldova Successful developments: apostilization of diplomas neutral registration plates for Transnistrian Vehicles.

Moldova is still a country divided between three main directions: Romania, Russia and the EU.

Russian presence in Transnistria Humanitarian assistance (according to experts, annual assistance is comparable with the GDP of Transdniestria, amounting to about a billion dollars). Transnistrian gas debt as political weapon against Moldova (about $ 6 billion). 1,100 Russian troops are located in Transnistria Dmitry Kozak – special representative of Russia to Moldova (economical-trade issues)

EU – Moldova – Transnistria The EU participates as an observer in the negotiation Moldova joined the EU's Eastern Partnership in 2009 and the Agreement entered into force on EU-Moldova Association 1 July 2016. This includes the introduction of a Deep and Comprehensive Free Trade Area (DCFTA). Strengthening borders Moldova effective management of the common border www.eubam.md Visa-free travel

DCFTA for Transnistria There is no clear mechanism by which the Moldovan side ensures the implementation of the DCFTA in the Transnistria. When exporting to the EU, the Transnistrian producers receive a certificate of EURO 1 in the Chisinau Chamber of Commerce. In fact, for export Transnistrian producers receive the registration in the Republic of Moldova and act as the Moldavian enterprise. There is no double taxation for TN business.

De Jure and De facto Status of Transnistria LAW Nr. 173 of the Republic of Moldova from 22.07.2005 on the basic provisions of the special autonomous legal status of Transnistria Protocol on mutual recognition of action in the territory of Transdniestria and the Republic of Moldova of documents issued by the competent authorities of the parties 16/05/01

The following documents issued by the competent bodies of the Parties should be recognized on the territory of Transnistria and the Republic of Moldova: certificates of civil registration; identity cards and passports; driving licenses, certificates of registration of motor vehicles and license plates; documents on education; documents issued and certified by notary institutions; certificates of state registration of legal entities; pension documents, as well as documents confirming the right to benefits; certificates, permits, licenses, certificates and other documents issued by the relevant authorities

90% of the population of Transnistria are citizens of the unrecognized Transnistria. Transnistrians have double or triple citizenship.

international treaties in Transnistria http://mfa-pmr many international agreements (the Universal Declaration of Human Rights of December 10, 1948, the Convention on the Prevention and Punishment of the Genocide of December 9, 1948, the International Covenant on Civil and Political Rights of December 16, 1966 and its protocols, the International Covenant on Economic, Social and Cultural Rights of 16 December 1966, etc.) are recognized in Transnistria as the framework documents. In order to apply the norms of an international treaty in Transnistria, there is a necessity to conclude a treaty and approve (ratify) by the Supreme Council of Transnistria.

International private law and international civil process Normative acts of Transnistria on the application of private international law are not codified in a separate single code or set of laws. The norms of international private law are contained in a variety of regulatory acts, depending on the type of regulated relations. The sources are: interstate agreements; the Constitution of Transnistria; Civil Code; Civil procedural code; Code of arbitration; the Marriage and Family Code; other laws, depends on the type of regulated relations, etc.

The Convention on Legal Aid and Legal Relations in Civil, Family and Criminal Cases, signed in Minsk on January 22, 1993 (the Minsk Convention) Framework Rule of Law in Transnistria In accordance with this Resolution, Transnistria took a number of obligations to comply with the requirements of this Convention, but at the same time, this Convention does not protect the interests of individuals and legal entities, as well as the interests of Transnistria abroad. pension provision social and humanitarian issues law enforcement agencies Customs Repatriation of children document recovery

problems connected with the execution of foreign judicial decisions for Transnistria. 1) lack of agreements on mutual recognition and enforcement of judicial decisions between the Republic of Moldova and Transnistria as parties to the conflict. 2) lack of agreements on mutual recognition and enforcement of judicial decisions between Transnistria and other states (except for Abkhazia and South Ossetia). 3) lack of agreements on the recognition and execution of the decisions of international courts, in particular, the European Court of Human Rights and other bodies of international justice in Transnistria.

Because of the Russian military contingent present in Transnistria, European Court of Human Rights considers Transnistria "under the effective authority or at least decisive influence of Russia". Human rights protection in Transnistria has been criticized by international organizations. The Republic of Moldova, and other actors claim that the government of Transnistria is authoritarian and has a record of arbitrary arrest and torture

CONCLUSIONS: In international law, there are still no universal international legal norms that clearly define the principles and criteria for recognizing the independence and sovereignty of new states. Until today the institution of recognition has not yet been codified How much recognition is necessary to receive for state to get fully international recognition?

Thank you for attention! Vlada Lisenco, PhD vlada.lisenco@gmail.com