Developments in the field of civil justice – Moldovan perspective Sergiu Baiesu University Professor, PhD Vladimir Palamarciuc Lecturer, PhD candidate Law Faculty of the Moldova State University

Evolution and state of civil legislation After declaration of independence (1991) the Civil Code of MSSR (1964) continued to be applied in Moldova By the time, new civil laws were adopted aiming to support the market based economy – Law on property, Law on internal commerce etc. On 12.06.2003 New Civil Code entered into force, which represented important consolidation of the civil legislation Impact of EU framework and evolution of the parallel harmonized legislation (consumer protection, payment services, public procurements, insolvency etc) Ongoing reform of the Civil Code – much inspired from DCFR, but also from EU framework, civil codes of Germany, France, Romania, Italy etc. Intended to enter into force from January 2019

Some specific legislation and practices related to reconciliation of the Transdnestrian conflict Acceptance of the certificates issued by Transdnestrian authorities related to civil status of the population – birth, marriage, death. Created certain tax facilities related to issuance of the passports Creation of special economic zone (with tax facilities) for land owners and enterprises from Dubasari locality. Grant of the special temporary registration for the enterprises created in Transdnestria, which allows external trade activity. Regime of vehicles registered in Transdnestria: Free circulation on entire Moldovan territory Created facilitation for international traffic using the sticker indicating “MD” – joint Points of Registration of Vehicles in Tiraspol and Ribnita (Protocol 25.04.2018)

Observations regarding international treaties Exist some reservations for applying the treaties on the territory not controlled effectively by Moldovan authorities – i.e. in some treaties within Council of Europe (i.e. informational society, cyber security). In case of European Convention for Human Rights was made a declaration: “Moldova would be unable to guarantee compliance with the provisions of the Convention in respect of omissions and acts committed by the organs of the self-proclaimed Trans-Dniester republic within the territory actually controlled by such organs, until the conflict in the region is finally settled” … The Court observes that, in its decision on admissibility, it held that the declaration made by Moldova in its instrument of ratification of the Convention concerning the legitimate Moldovan authorities' lack of control over Transdniestrian territory was not a valid reservation within the meaning of Article 57 of the Convention. (case Ilascu v. Moldova and Russian Federation, 48787/99, par 324) No specific territorial reservations found in bilateral treaties on protection of investments (i.e. with Germany, Czech Republic, Estonia) or cooperation for legal assistance (i.e. with Romania, Ukraine, Russian Federation).

Specificity of court organization The Moldovan courts examine the civil cases related with Transdnestria. The courts for the Transdnestria are organized on the territory controlled by Moldovan authorities. Example: Causeni district court is competent for the territory of Tiraspol, Slobozia, Dnestrovsc etc. In Moldovan courts apply only the law of the Republic of Moldova.

Relevant case-law of the Moldovan courts affected by Transdnestrian issue Adoption in Transdnestria – not recognized Customs control at import (Kuciurgani) - goods should be declared with the competent Moldovan customs authorities Performance of the contractual obligations: - performance of works/services in Tiraspol – claim and counterclaim - suretyship for a Tiraspol meat factory. Labor rights: - Dismissal from a Russian military section; Delay in case-examination by Transdnestrian courts – claim denied because Trandnestrian courts are not legally created. License for insurance activity Other

Relevant ECHR case-law related to Transdnestrian context Catan and others v. Moldova and Russian Federation – right to education (P.1, art. 2) (2012) Paduret v. Moldova and Russian Federation – property right (P.1.1) (2017) Mozer v Moldova and Russian Federation (art. 3, 5(1)) (2016) Ilaşcu and other v. Moldova and Russian Federation (art. 3, 5(1) (2004)

Thank you for attention ! Sergiu Baiesu University Professor, PhD Vladimir Palamarciuc Lecturer, PhD candidate Law Faculty of the Moldova State University