On behalf of the Republic of Moldova, the Constitutional Court, acting in the composition: Mr. Alexandru Tanase, President, Mr. Aurel BĂIEŞU, Mr. Igor DOLEA, Mr Tudor POPA, Mr. Victor PANŢÎRU, Mr. Zadrahimi, judges, with the participation of Mrs. Ludmila Chihai, Registrar, considering the appeal filed on May 26, 2014 and recorded at the same time, examining the appeal referred to in the closed session, taking into account the acts and proceedings of the dossier following the judgment, delivered by: PROCEDURE 1. The origin of the case lies the appeal lodged with the Constitutional Court on May 26, 2014 by virtue of art. 135 para. (1) (a). (b)) of the Constitution, art. 4 paragraphs 2 and 3. (1) (a). (b)), article 25, subparagraph (c). g) of the law on the Constitutional Court and art. 4 paragraphs 2 and 3. (1) (a). b), art. 38 para. (l) (a). g) of the code of constitutional jurisdiction of Parliament Mihai Ghimpu, Valeriu Munteanu, Gheorghe Brega and Corina Fusu concerning interpretation of article 11 of the Constitution, according to which: "(1) the Republic of Moldova proclaims her permanent neutrality.
(2) the Republic of Moldova does not allow deployment of military troops of other countries on its territory. "
2. The author of the referral to the Constitutional Court as requested, through the interpretation of article 11 of the Constitution, explaining: "1. the provisions of article 362 are applicable. 11 of the Constitution, taking into account the fact that, at the time of the adoption and entry into force of the Constitution, the territory of the Republic of Moldova were deployed military troops in another State, such provision is thus of nullity ab initio stricken?
2. In view of the reasons of existence of the State of the Republic of Moldova, is permitted to waive the principle of permanent neutrality enshrined in art. 11 of the Constitution, where the perpetuation of neutrality could lead to the dismemberment or even disappearance of the State?
3. Deployment in the territory of the Republic of Moldova's military troops groups of States or under international mandate violates the provisions of article 7. 11 of the Constitution? "
3. By decision of the Constitutional Court dated 10 September 2014 referral has been declared admissible, without prejudeca Fund case.
4. In the process of examination of the Constitutional Court of referral, sought the views of the Parliament, President and Government, as well as information from the Ministry of Foreign Affairs and European integration.
CONTEXT 5. The Court shall retain as being relevant in this question the following facts, as found by the European Court of human rights in its jurisprudence established on the basis of documentary evidence, observations of the parties and witness statements heard in Chisinau and Tiraspol [see People and others v. Moldova and the Russian Federation, judgment of the European Court Rooms Sea of human rights (hereinafter "Echr") of 8 July 2004; Ivantoc and others v. Moldova and the Russian Federation, judgment of 15 November 2011, Cage and others v. Moldova and the Russian Federation, the Grand Chamber of the Echr of 19 October 2012], which can be summarized as follows.
The breakup of the SOVIET UNION and conflict. with regard to the separation of Transnistria 1. The breakup of the SOVIET UNION, separation and independence of the Republic of Moldova to Transnistria 6. Moldavian Soviet Socialist Republic was created by the decision of the Supreme Soviet of the USSR on 2 august 1940, part of the territory of Bessarabia, which was incorporated into the SOVIET UNION on 28 June 1940, as a result of the signing of the USSR and Nazi Germany Pact Molotov-Ribbentrop german-Soviet (the Molotov-Ribbentrop Pact), and a portion of land located on the left side of the Dniester River in Ukraine (USSR) called Transnistria. Russian became the official language of the new Soviet Republic. Immediately after the formation of the MOLDAVIAN SOVIET SOCIALIST REPUBLIC, Soviet authorities imposed change in the latin alphabet with the Cyrillic alphabet.
7. During the months of august and September of the year 1989, the Supreme Soviet of Moldova adopted two laws that brought the latin alphabet for writing in Romanian language (Moldavian), establishing this language as the first official language of the State, instead of the Russian language.
8. On 27 April 1990, the Supreme Soviet adopted a new tricolour (red, yellow, blue) with the Moldavian coat of arms and the national anthem. In June of 1990, with the impetus of movements of autonomy and independence from the Soviet Union, the Moldavian Soviet Socialist Republic and changed its name in the Soviet Socialist Republic of Moldova.
9. On 23 May 1991, Soviet Socialist Republic Moldova changed its name to Republic of Moldova.
10. On 2 September 1990, proclaimed the so-called "Transnistrian Moldovan Republic" (TMR). On 25 august 1991, "Supreme Council of TMR" has adopted the Declaration of independence of the "TMR".
11. To date, the "TMR" is not recognized by the international community.
12. On 27 august 1991, the Moldovan Parliament adopted the Declaration of independence of the Republic of Moldova and Transnistria, which included. On that date, the Republic of Moldova does not have its own army, the armed forces of the Republic of Moldova being created by the Decree of the President of the Republic of Moldova nr. 193 of 3 September 1991. The Moldovan Parliament asked the Government of the USSR "negotiations with the Government of the Republic of Moldova in order to put an end to the illegal occupation of the territory of the Republic of Moldova and the withdrawal of Soviet military troops on the territory of the Republic of Moldova".
13. After the Declaration of independence of the Republic of Moldova, the fourteenth of the Odessa military district of the Ministry of defence of the USSR (the "Fourteenth Army"), whose headquarters are located in Chișinău since 1956, has remained in the territory of the Republic of Moldova. Since 1990 there have been no reported major transfers of equipment, however: among other things, began to withdraw large quantities of equipment on the territory of the Republic of Moldova.
14. During 1991, the Fourteenth Army comprised of several thousand troops, infantry units, artillery (equipped mainly with an anti-aircraft missile system), aviation and armoured vehicles (including aircraft and combat helicopters) and have several warehouses of ammunition, one of the largest ammunition depots in Europe at Colbasna in Moldova.

15. in addition to the Fourteenth Army weapons, DOSAAF, "voluntary aid Association of the army, air force and the fleet" (Добровольное ДОСААФ общество содействия армии-, авиации и флоту), situated in the territory of the Republic of Moldova, which was a State Organisation, created in 1951, with the aim of preparing the civilian population in the event of war, had deposits with ammunition.
16. After the proclamation of independence of the Republic of Moldova, DOSAAF-site equipment located on the territory controlled by the Moldovan Government passed into the possession of the latter, and the remaining property, located in Transnistria, in the possession of glorifying ethnic Transnistrians.
17. On 6 September 1991, the so-called "Supreme Soviet of the Moldovan Transnistrian Republic" adopted a decree by which he placed under the jurisdiction of Transnistria "," all public institutions, enterprises, organizations, establishments of militia, Prosecutor's Office, law enforcement agencies, the judiciary, the KGB and other organs located in Transnistria, with the exception of military units of the Soviet armed forces. Officers, NCOs and other military units stationed in the military in Transnistria were summoned "to demonstrate Civic solidarity and to mobilize to defend the so-called" Transnistrian Republic "along with workers ' representatives, in case the invasion forces of the Republic of Moldova".
18. On 18 September 1991, "Chairman of the Supreme Soviet of the Moldavian Soviet Socialist Republic" decided to place units of the Soviet armed forces deployed in the region under the jurisdiction of that Republic ".
19. By Decree No. 234 of 14 November 1991, the President of the Republic of Moldova, Mr. Snegur said as property of the Republic of Moldova ammunition, weaponry, military transportation, military bases and other property belonging to the military units of the Soviet armed forces stationed on the territory of the Republic of Moldova.
20. On 8 December 1991, the Republic of Belarus, the Russian Federation and Ukraine signed the agreement in Minsk, which was termination of existence of the USSR has been found.
21. On 21 December 1991, eleven Member States of the SOVIET UNION, including Moldova and Ukraine signed the Declaration of Alma-Ata, which confirm and extended the agreement on creation of the COMMONWEALTH of INDEPENDENT STATES in Minsk. The Declaration of Alma-Ata confirmed also that, by virtue of the creation of the COMMONWEALTH of INDEPENDENT STATES, the SOVIET UNION ceased to exist and that CSI was neither State nor the entity suprastatală. He was also created a Council of Heads of Governments of the COMMONWEALTH of INDEPENDENT STATES, which decided to support the Russian Federation as the successor of the SOVIET UNION in the framework of the United Nations, including in the framework of the UN Security Council, as well as in other international organizations.
22. On 30 January 1992, Moldova became a Member State of the Conference on security and cooperation in Europe. On March 2, 1992, she was admitted into the framework of the United Nations. On the same day began war undeclared in Transnistria of Russia against the Republic of Moldova, through the outbreak of the armed conflict at Dubăsari, through a diversion of glorifying ethnic.
23. On 8 April 1994, the Moldovan Parliament ratified, with certain reservations, the Treaty of accession of the Republic of Moldova in CIS, signed by the President of the Republic of Moldova in Alma-Ata on 21 December 1991.
2. The armed conflict (1991-1992) 24. Since 1989, southern and Eastern (Gagauzia) Transnistria of Moldova began to be organized resistance movements against the independence of the Republic of Moldova.
25. armed Confrontations of importance between Transnistrian separatists and Moldovan police were held starting in November 1990 in the East of the country, separatists, on the left bank of the Dniester River.
26. In the coming months, the Transnistrian authorities have mobilized paramilitary detachments, called "workers ' detachments ', according to which, in 1991, was created" Republican Guard "fully equipped professional.
27. On 1 December 1991, in the districts on the left bank of the Dniester River (Transnistria) held presidential elections, declared illegal by Moldovan authorities. A citizen of the Russian Federation Igor Nikolaevich Smirnov (Смирнов Игорь Николаевич) was elected Chairman of the MRI ".
28. By a decree issued on 5 December 1991, Igor Smirnov decided to place "attached to military units, in particular, of Odessa military district in Transnistrian Moldovan Republic, under the command of the head of the Department of Defense and national security of the Republic of Moldovan Transnistrian Republic". The head of this Department, Ghennady i. Yakovlev, Commander of the Fourteenth Army, was ordered to take all necessary measures for the cessation of transfer and delivery of armaments, equipment and assets of the Soviet army held military units deployed in Transnistria. The purpose of this measure was to preserve for the benefit of the separatist regime in Transnistria, armament, equipment and assets of the Soviet Army located in Transnistria.
29. In late 1991 and early 1992, violent clashes occurred between Transnistrian separatist forces and law enforcement, which have resulted in several hundred deaths.
30. In an appeal launched on 6 December 1991, the international community and the UN Security Council, the President of the Republic of Moldova, Mircea Snegur, the President of the Moldovan Parliament, Alexandru Mosanu, and Prime Minister, Muravschi, protested against the occupation on 3 December 1991, the Moldavian towns Grigoriopol, Dubasari, Tiraspol, Slobozia and Râbnița, situated on the left bank of the Dniester River, the 14th army, commanded by Lieutenant-general Yakovlev , accusing the authorities of the SOVIET UNION, in particular, the Ministry of defence, that were at the root of these actions. Fourteenth Army soldiers were charged that they had distributed military equipment from Transdniestria glorifying ethnic and have organized military detachments, which terorizau the civil population.
31. Through a decree issued on 26 December 1991, Igor Smirnov, President of the "TMR", created the "TMR", armed forces and other troops of the USSR formations stationed in the territory of the "TMR".

32. In January 1992, lieutenant-general Yakovlev was relieved of his duties as Commander of the Fourteenth Army of the armed forces unified command of the COMMONWEALTH of INDEPENDENT STATES. By decision of 29 January 1992, the Commander in Chief of the joint armed forces of the CIS, lieutenant-general Yakovlev has been put at the disposal of the military commissariat in the region of Primorsky, Odessa (Ukraine).
33. In 1991-1992, as a result of confrontations with law enforcement, several military units belonging to the USSR, the Russian Federation, subsequently crossed with the Transnistrian side glorifying ethnic weaponry, while numerous military equipment of the Fourteenth Army came into possession of glorifying ethnic.
34. The battalion of engineers from Parcani fourteenth army, at the order of General Butkevich, took the side of glorifying ethnic. This battalion has destroyed bridges of Dubăsari, Gura-Bacului Bâcioc and Coşniţa.
35. in glorifying ethnic Fourteenth Army were transferred to the armored fighting vehicles, grenade, tanks and armored vehicles. Moreover, during the fighting, eight helicopters of Fourteenth Army participated in transporting ammunition and glorifying ethnic side răniților.
36. military Actions were directed by glorifying ethnic Army 14th, which coordinate all activities with the Ministry of defence of the Russian Federation.
37. Thousands of Russian Cossacks came from Russia to fight against glorifying ethnic Moldavian forces side, being armed by officers of the 14th Army.
38. the Fourteenth Army was actively engaged, directly and indirectly, in the conflict against the armed forces of the Republic of Moldova. Transnistrian separatists were able to arm themselves and from Fourteenth Army's arsenal and with the complicity thereof.
39. Taking into account aid granted by fourteenth army troops and separatist forces and the transfer of weapons and ammunition from the Fourteenth Army's arsenal, it sure glorifying ethnic Moldavian army lay in inferiority, which prevented her to re-establish control over Transnistria.
40. On 5 March 1992, the Moldovan Parliament has protested against the silence of the authorities of the Russian Federation, which he qualified as complicity, as regards aid to Transnistria by glorifying ethnic groups of armed Cossacks from Russia, belonging to the Union of Cossack Association recognised by the authorities of the Russian Federation. The Moldovan Parliament asked the Supreme Soviet of the Russian Federation to intervene with a view to the immediate withdrawal of Russian Cossacks in the territory of the Republic of Moldova.
41. On 23 March 1992, the Ministers for Foreign Affairs of the Republic of Moldova, Russian Federation, Romania and Ukraine gathered in Helsinki, where they adopted a declaration by which have been established to regulate the principles of the peaceful settlement of the conflict. In subsequent meetings, which were held in April and may of 1992 in Chișinău, the four Ministers have decided to form a Commission cvadripartite and the establishment of a group of military observers for the surveillance of any cessation of fire.
42. On 24 March 1992, the Moldovan Parliament protested against the Russian Federation in testaments to the internal affairs of the Republic of Moldova, after the Presidium Supreme Soviet of the Russian Federation made on 20 March 1992, a declaration by which the Republic of Moldova indicated solutions to conflict in Transnistria, while respecting the rights of the "Transnistrian people".
43. On 28 March 1992, the President of the Republic of Moldova, Mr. Snegur, decreed a State of emergency. He noted that some "adventurers" were created in the left side of Nistru, "not without outside help," "a" and that pseudostat, "armed to the teeth with military equipment from the best of the Soviet army," sparked an armed conflict, resorting to any means for intervention in this conflict of Fourteenth Army of the unified armed forces of the COMMONWEALTH of INDEPENDENT STATES. Under the State of emergency, the ministries of Moldova of national security and Interior, as well as other competent authorities, along with National Army units were tasked by the President to take all necessary measures for the abolition and disarming illegal armed units and for finding and referral to justice all authors of crimes against State bodies and the general public. The initiators of the "so called Moldovan Transnistrian Republic-" and their accomplices were somați to disband illegal armed formations and to surrender to the authorities of the Republic of Moldova.
44. By Decree No. 320 of 1 April 1992, the President of the Russian Federation placed the military formations of the former USSR stationed in Moldova, including those on the left, under the jurisdiction of the Russian Federation Fourteenth Army, thus becoming the operational Group of Russian Federation in the Transnistrian region of the Republic of Moldova (hereinafter "GOR" or, as we called earlier, fourteenth army ").
45. By Decree No. 84 of 1 April 1992, the President of the "TMR", Igor Smirnov, ousted him lieutenant-general Yakovlev as his head of Department of Defense and of RMN security ".
46. On 2 April 1992, General Netkatchev, Commander of GOR (Fourteenth Army) ordered the Moldovan forces who have encircled the city of Tighina (Bender), occupied by breakaway, to withdraw immediately, otherwise the Russian army to fight back.
47. On 4 April 1992, the President of Moldova, Mr Snegur sent a telegram to heads of the CIS Member States, the joint command of the armed forces of the COMMONWEALTH of INDEPENDENT STATES and the Fourteenth Army Commander, to bring them to the Fourteenth Army that does not comply with the obligation of neutrality.
48. By order No. 26 of April 8, 1992, Commander in Chief of the armed forces of the CIS unified, it was decided that only troops and units of the former fourteenth Armies stationed in the territory of the former Soviet Socialist Republics could form the basis for the creation of the armed forces of the Republic of Moldova.
49. Three military units belonging to the Fourteenth Army had decided to join the new army of the Republic of Moldova: Meeting military unit (ammunition depot nr. 5381), artillery regiment No. 4 in Ungheni and rocket artillery regiment nr. 803 from Ungheni.

50. the independent Battalion No. 115 of engineers and firemen of the Fourteenth Army refused to join the armed forces of the Republic of Moldova "were placed under the jurisdiction of Transnistria", under the terms of întrebuințați by the Government of the Russian Federation.
51. In a message addressed in April 1992 the Commander in Chief of the joint armed forces of the COMMONWEALTH of INDEPENDENT STATES, the President of the Republic of Moldova, Mr. Snegur said that events in Transnistria were inspired and supported by the "imperial structures of the former USSR and pro-Communist and their successors in law" and that the Fourteenth Army has not respected its neutrality in the conflict. In this regard, he stressed that the Transnistrian military formations were equipped with modern weaponry belonging to the former Soviet armies and that many Russian nationals took part in the conflict alongside the breakaway as mercenaries.
52. In a letter in April 1992 to heads of the States members of the United Nations Security Council, the OSCE and the CIS, Mr. Snegur accused army 14th that in December 1991, armed Transnistrian formations and denounced the attitude of the 6th Congress of Russian deputies, who called the maintenance in the Republic of Moldova to the Russian Federation Army units as "peacekeeping forces". In closing, Mr Snegur stressed that an essential condition for the peaceful regulation of the conflict was the quickest withdrawal of the army of the Russian Federation from the territory of the Republic of Moldova and urging the international community to support the young State in its struggle for freedom and democracy.
53. On 20 May 1992, the Chairman of the Moldovan Parliament protested the occupation, on 19 May 1992, of the new territories in Transnistria by the Fourteenth Army forces, supported by Cossacks and Russian mercenaries and paramilitary forces. According to the President of Parliament, this aggression on the part of the Russian Federation's military violated the sovereignty of the Republic of Moldova and all the rules of international law, making the illusory negotiations under way with a view to finding a solution to the conflict in Transnistria. Accusing Russia of that armed separatists in Transdniestria, the President of the Moldovan Parliament asked the Supreme Soviet of the Russian Federation to stop this aggression and to withdraw its military forces from the territory of the Republic of Moldova.
54. On 26 May 1992, the Moldovan Parliament has sent a letter to the Supreme Soviet of Ukraine, the Parliament of Moldova by expressing gratitude towards the Ukrainian authorities, who have not been involved in the occupation of 19 May 1992.
55. On 22 June 1992, the Moldovan Parliament has launched an appeal to the international community, opposing the "new aggression carried out in Transnistria on 21 June 1992 by Fourteenth Army forces" who, through their actions of destruction and looting, forced a large number of civilians to leave their homes. The international community was urged to send experts to determine the termination of "genocide" against the local population.
56. On 23 June 1992, the President of the Republic of Moldova, Mr. Snegur asked the Secretary-General of the United Nations, Mr. Boutros Boutros-Ghali to inform the members of the UN Security Council about "attack taken against [Bender] by the 14th Army", which in his view represented a "direct and brutal in the internal affairs of Moldova [Moldova]." He also expressed concern about the statements of the President of the Russian Federation, Mr. Yeltsin, and its Vice-Chairman, Mr. Ruţkoi, "in arising made clear that Russia was not willing to relinquish his" rights "that she no longer had any de jure or de facto, to a land that was not due to the disruption of the Soviet Empire." Mr. Snegur concluded finally that the "recent repeated threat to address legitimate leaders of Moldova, an independent and sovereign State, from the authorities of the Russian Federation, have been a concern for public opinion, since they seemed to prefigureze other means of intervention in the internal affairs, means and methods specific to the imperialist Soviet Communist system ...".
57. In the first half of July of 1992, intense discussions took place in CIS regarding possible deployment in the Republic of Moldova of the peacekeeping forces of the COMMONWEALTH of INDEPENDENT STATES. It was mentioned in this respect an agreement signed in Minsk in March 1992, concerning the groups of military observers and the collective forces of CIS peacekeepers.
58. At the meeting of CIS, held in Moscow on 6 July 1992, it was decided, as a preliminary, the deployment of peacekeeping forces of the COMMONWEALTH of INDEPENDENT STATES, made up of troops from the Russian, Ukrainian, Bulgarian, Romanian and beloruse, provided that the Republic of Moldova to ask for this. In spite of such requests, filed the next day by the Parliament of the Republic of Moldova, the question of peacekeeping were never deployed, certain countries revising their consent to take part in their formation.
59. On 10 July 1992, at the summit of the CSCE in Helsinki, the President of the Republic of Moldova, Mr. Snegur demanded to be taken into account the possibility of using the situation in the Republic of Moldova of the peacekeeping mechanism of the CSCE. This mechanism has not been used on the ground neîncetării effective and durable cease-fire.
60. On 21 July 1992, the Republic of Moldova and the Russian Federation signed the Agreement in Moscow on the principles of peaceful settlement of the armed conflict in the Transnistrian region of the Republic of Moldova. According to article 1 of this agreement:

"The Republic of Moldova and the Russian Federation, striving towards total termination and possible ceasefire and to regulate armed conflict in districts of Republic through peaceful means, have agreed as follows: from the moment of signing the agreement, the parties to the conflict shall assume the responsibility to take all necessary measures to ensure the total cessation of fire, as well as any armed action against each other. With the cease-fire, the parties to the conflict shall proceed to withdraw their armed forces units and other formations, combat equipment and armaments, and to complete this process within seven days. The purpose of such dezangajări is the creation of a security zone between conflicting parties. The coordinates of the area will be established through a specific protocol of parties engaged in the implementation of this agreement ".
61. In this agreement the principle was established a security zone created by the withdrawal of armies "parties to the conflict".
62. In accordance with article 2 of this agreement, it was created the joint control Committee ("JCC"), composed of representatives of the Republic of Moldova, the Russian Federation and Transnistria, headquartered in Tighina (Bender).
63. The purpose of surveillance and ensure the maintenance of peace and security, the agreement also provides for the establishment of peacekeeping forces, made up of five Russian battalions, three Moldovan battalions and two battalions of Transnistria, subjected to a joint military headquarters, subordinate to the cuckoo.
64. According to article 3 of the agreement, the city of Tighina was declared the region subject to security arrangements and managed by "local administrative authorities, where appropriate in agreement with the Commission." CUC has been assigned the task of maintaining public order in Tighina, together with the police.
65. Article 4 stipulates that the Fourteenth Army of the Russian Federation, stationed on the territory of the Republic of Moldova, will observe strict neutrality, while article 5 prohibits the application of any sanctions or blockades and fixed as objective the removal of all obstacles to the free movement of goods, services and persons.
66. Finally, the measures provided for in this agreement are defined as "a very important part to settle the conflict through political means" (art. 7).
3. The events that followed after the armed conflict 67. On 29 July 1994, the Republic of Moldova adopted a new Constitution. It provides, inter alia, State neutrality and prohibiting the stationing of Russian troops on its territory belonging to other States.
68. On 21 October 1994, the Republic of Moldova and the Russian Federation signed an agreement on the legal status, procedure and deadlines for the withdrawal of military units of the Russian Federation on a temporary basis in the territory of the Republic of Moldova.
69. Article 2 of this agreement provides for the withdrawal of the Russian army's synchronization within the territory of the Republic of Moldova with the political settlement of the Transnistrian conflict and the establishment of a special status for "the Transnistrian region of the Republic of Moldova".
70. Not being ratified by the Russian Federation authorities, this agreement has not entered into force.
71. The principle of the neutrality of the Fourteenth Army of the Russian Federation, as set out in article 4 of the agreement of 21 July 1992 (see paragraph 65 supra), was violated by the constantly shifting: the 14th Army in Tiraspol anti-constitutional authorities of some military equipment and ammunition; preparation of the "TMR" troops of the Russian army and the transfer of military units of the Fourteenth Army in the camp of the "TMR" — for instance, engineers battalion from Parcani became an artillery unit of the "TMR", Bender/Bendery fortress to the second infantry brigade of the "TMR" or transfer of the "TMR" from Slobozia store, busy communications battalion of the Fourteenth Army.
72. Have been brought into the area by the security units of the "TMR" with support of Russian troops of the JCC; New paramilitary units were created in the city of Tighina/Bender, declared a safe area, which is in the responsibility of the peacekeeping forces of the Russian Federation; firms located in Tiraspol and Tighina/Bender manufactured weapons and ammunition.
73. On 8 May 1997, Mr. Petru Lucinschi, President of Moldova, and Mr. Igor Smirnov, "Chairman of the MRI," signed in Moscow a memorandum, which laid the groundwork for normalisation of relations between Moldova and Transnistria, whereby they pledged to cover any conflict which might arise in the course of the negotiations, with the assistance, if necessary, the Russian Federation and Ukraine as a state-guarantor of compliance with the agreements concluded and the OSCE and CIS. The memorandum was countersigned by the President of the Russian Federation, Mr. Yeltsin, and the President of Ukraine, Mr. Kuchma. He also was signed by Mr. h. Petersen, the OSCE President, present at the signing of the memorandum of the parties and the guarantor States.
74. In accordance with the memorandum on Transnistria's status in question, must be based on the following principles: decision-making by mutual agreement by both parties, the Division and delegation of powers and the guarantees provided to each other. Transnistria shall participate in making foreign policy of the Republic of Moldova in areas that touch upon its interests, these areas will be established by mutual agreement. Transnistria has the right to unilaterally establish and maintain international relations in economic, scientific and technological, cultural, and others, to be determined through a mutual agreement.
75. Welcomes the readiness of the Memorandum by the Russian Federation and Ukraine to act as a state-guarantor of compliance with the provisions contained in the documents that define the status of Transnistria and the memorandum. The parties also confirmed the need to continue the activities undertaken by the Joint Forces of peacekeepers in the security zone under the agreement of 21 July 1992. The memorandum also provides for the right of the parties, in case of violation of these agreements, to request consultations in order to guarantor-States taking measures to normalize the situation. In the end, the two parties undertake to establish relationships within a common State within the borders of the Moldavian SSR existed on 1 January 1990.

76. On 20 March 1998, representatives of the Republic of Moldova, Transnistria, the Russian Federation and Ukraine signed in Odessa (Ukraine) several documents relating to insurance settlement of the Transnistrian conflict.
77. official documents of the JOINT CONTROL COMMISSION, with an abundance of details, it appears that in different areas of Transnistria under the control of peacekeeping forces of the Russian Federation, for example, the area of Tighina (Bender), the Transnistrian separatist forces have acted in violation of the ceasefire agreement, so that the area under the responsibility of Russian forces peacekeeping Transnistrian side has not fulfilled its commitments under the agreement of 21 July 1992.
78. On 16 April 2001, the President of the Republic of Moldova, Mr Voronin, and the Russian Federation, Mr. Putin, have signed a joint declaration, paragraph 5 of which provides as follows: "Presidents in favor of advocates of a rapid and equitable rules of the Transnistrian conflict through exclusively peaceful means, based on respect for the principle of sovereignty and territorial integrity of the Republic of Moldova and on international standards in the field of human rights".
79. In a document dating from September 4, 2001, to analyse the implementation of the Moldovan-Russian agreement of 20 March 1998 on the principles of the peaceful regulation of the armed conflict in Trans-Dniester region of Moldova, the Moldovan delegation to CUC out complete disregard by the Transnistrian side of its obligations, as a result of the fact that much of the new military units introduced weapons in the security zone and has installed checkpoints. The Moldovan delegation has expressed its concern in relation to the fact that the unified military command did not take any appropriate measure to put an end to this situation, but was limited only to finding the facts. The Moldovan delegation has proposed that concrete measures for ensuring compliance with the obligations of both sides to be discussed at the level of Ministers of Foreign Affairs of the Republic of Moldova and the Russian Federation. Lastly, she proposed putting under the patronage of the OSCE military observer function in the security zone.
80. The meetings with the Transnistrian side to discuss various aspects of possible developments in Transnistria rules continues.
B. the presence of the Russian army and its personnel in the region after the agreement of 21 July 1992 1. Troops and equipment in the region 81 GOR. As specified in article 4 of the agreement on the ceasefire on 21 July 1992, the Republic of Moldova and the Russian Federation have started negotiations on the withdrawal of GOR from the Republic of Moldova and its status until withdrawal.
82. The Russian side proposed in 1994 on the withdrawal of GOR synchronization in Moldova with the settlement of the Transnistrian conflict; This proposal, which was considered by the Moldovan side as counterproductive, was accepted at the insistence of the Russian party and only after the Russian side declared itself in favour of the liberation of the members of the Group People.
83. the Moldovan Authorities were adamantly opposed to any synchronization between the regulation of the Transnistrian conflict and withdrawal of Russian armed forces from the territory of the Republic of Moldova. They are asking for complete and unconditional withdrawal of the Russian armed forces in conformity with OSCE decisions, all the more so as the OSCE member States have set up a special fund for the financing of such withdrawal.
84. Article 2 of the agreement of 21 October 1994 ("first") include the withdrawal of the Russian military units within three years of the entry into force of the agreement, the withdrawal will be carried out simultaneously with the political settlement of the Transnistrian conflict and the establishment of a special status of the Transnistrian region of the Republic of Moldova ". With respect to the stages and permanent withdrawal of these formations, the same article stipulated that they were going to be laid down in a separate protocol, signed between the defence ministries of both sides.
85. According to article 5 of the said agreement, the marketing of any type of military technique, weapon and ammunition belonging to the Russian Federation's military forces stationed in the territory of the Republic of Moldova could not take place only through a special agreement, signed between the Governments of those countries.
86. According to article 7 of that agreement, Tiraspol military airport to be used jointly by the air force and the GOR "Transnistrian region Civil Aviation of the Republic of Moldova". A second agreement, too, on 21 October 1994 ("the second agreement") between the ministries of the Republic of Moldova and the Russian Federation of Defense established the use of the airport in Tiraspol. Thus, he foresaw that the Tiraspol airport flights were to be carried out in accordance with the "provisional regulation regarding the deployment of the military aviation units of the Russian Federation and the Civil Aviation of the Transnistrian region of Moldova" and in coordination with the State Administration of civil aviation of the Republic of Moldova and the Ministry of defence of the Russian Federation.
87. On 9 November 1994, the Government of the Republic of Moldova adopted a decision concerning the implementation of the agreement on the withdrawal of the Russian army from the territory of the Republic of Moldova. The Government of the Russian Federation has decided to submit this agreement for ratification by the State Duma on November 17, 1998, when the first agreement of 21 October 1994 was not yet ratified, the Ministry of Foreign Affairs of the Russian Federation asked the Duma to exclude it on the agenda for the reason "that an eventual decision by the Ministry to revert over the issue will be decided in the light of changing relations with the Republic of Moldova and the Transnistrian region and the political settlement in the region." In January 1999, the agreement was excluded from the agenda of the Duma. This agreement has not yet entered into force.
88. A second agreement was approved only by the Government of the Republic of Moldova on 9 November 1994.
89. No agreement of 21 October 1994 has not entered into force because they have not been ratified by the Russian Federation.

90. On 20 March 1998, in addition to other documents relating to the settlement of the situation in Transnistria, in Odessa (Ukraine) signed an agreement on matters relating to military goods of the Fourteenth Army. The signatories to this agreement have been Mr. Chernomyrdin, on behalf of the Russian Federation, and Mr Smirnov, "Chairman of the MRI".
91. According to the timetable set out in annex II of that agreement, withdrawal and destruction of certain elements stored, disposed of by detonation or other mechanical means were to be carried out until 31 December 2001, provided, among other things, to obtain the authorization of the authorities of the Republic of Moldova, "in particular those in the region of Transnistria".
92. Deadline for withdrawal (transfer and destruction) of surplus ammunition and other military equipment of GOR was December 31, 2002. The withdrawal of the equipment and of GOR which were not part of peacekeeping forces had carried out until 31 December 2002 under the following conditions: the completion of the process of withdrawing ammunition in Russia and other equipment, disposal or destruction of other equipment and observance by the Republic of Moldova of the obligations resulting from article 17 of the agreement of 21 October 1994.
93. In their declaration at the summit in Istanbul on 19 November 1999, the heads of States and Governments of the OSCE States have stated that they expect from a "rapid retreat, and completely to Russian troops in Moldova" and welcomed the commitment by the Russian Federation to complete by the end of 2002 the withdrawal of armed forces from the territory of the Republic of Moldova. Finally, they recalled that an international assessment mission was ready to carry out immediately the supervision revocation and destruction of Russian ammunition and armaments.
94. In its observations addressed in 1999 the Parliamentary Assembly of the Council of Europe, the Government of the Republic of Moldova stated that, at that time, the official figure provided by the authorities of the Russian Federation regarding the quantity of arms and ammunition stored in Transnistria of GOR was 42000 tonnes, but this figure could not be verified, because both the Russian authorities and the Transnistrian separatists have refused to permit access to an international evaluation missions.
95. Moldavian authorities have drawn attention to the fact that an eventual withdrawal of the staff of the GOR without perform enormous arsenals of evacuation GOR would create a risk that the Transnistrian separatists to take possession of these weapons.
96. Several ITA with equipment belonging to the GOR were evacuated during the years 1999-2002.
97. On 15 June 2001, the Russian Federation and Transnistria signed a protocol with respect to the execution of work in common for the use of military equipment, weapons and ammunition.
98. the military Technique-ammunition and military equipment, belonging to the GOR and retired until November of 2002 on the territory of the Republic of Moldova on the basis of the agreement of 21 October 1994, represent only 15% of the total amount stated in 1994 as being stationed on the territory of the Republic of Moldova.
99. According to European Court run samples in case People and others (judgment of the Grand Chamber of the European Court of 8 July 2004), in the region in 2003 were at least 200000 tons of Russian weapons and ammunition, mainly at the Cobasna storage tanks, 106, 42 armored fighting vehicles, armoured vehicles, cargo 109 troops, 54 armored reconnaissance 123 guns, mortars, and anti-tank guns, 206, anti-aircraft guns, 9-226 helicopters and other vehicles 1648 (Ilascu and others noted, § 131). In 2003, the OSCE Observers have controlled and supervised withdrawal from Transdniestr of 11 trains of Russian military equipment and 31 trains carrying more than 15000 tonnes of munitions. The following year, the OSCE has stressed, however, that only one train, containing about 1000 tons of ammunition, had surrendered.
100. Since 2004, there has been no withdrawal of Russian arms and controlled equipment. In the judgment of the People and others, the European Court found that at the end of 2004 remained approximately 21000 tonnes more ammunition, over 40000 small arms and weapons, as well as approximately ten trains with military equipment. In November 2006, a delegation of the OSCE, to which it has been allowed access to the ammunition stores, reported that more than 21000 tonnes of munitions were stored in the area. In May 2005, the Commander GOR reported that surplus stocks of small arms 40000 and lax were destroyed, but there was no authorised independent observer to go on the spot to verify these allegations.
101. According to some information, about a thousand Russian soldiers is located in Transnistria, with the Mission of surveillance schemes, and circa 1125 Russian soldiers belonging to the peacekeeping forces internationally are stationed in the security zone, which stretches over 225 km long and 12-20 km wide.
2. Relationship between GOR and the "TMR" 102. The military judges, prosecutors and GOR military detachment within the GOR didn't get specific instructions regarding their relations with the Transnistrian authorities.
103. Military GOR can move freely in the territory. With respect to the movement of troops or military equipment, shall inform the authorities in advance of GOR. According to the legal provisions in force in the Russian Federation, bodies of prosecution GOR are not competent to transmit directly to the causes of Moldovan authorities, who have jurisdiction over the territory. Any theft or other crime committed by a natural person of Transnistria against GOR must be reported by the competent authorities of GOR authorities of the Russian Federation, the latter being the only jurisdiction to refer the Moldovan authorities.
104. In practice, prosecution of such offences is performed by law enforcement.
105. Law enforcement investigation of GOR only have jurisdiction to pursue the investigation in respect of an offence committed by a military GAMBLE or participation, and only as far as regards the military respectively.
106. Military equipment and facilities for civilian use, belonging to the GOR was transferred to the "TMR".
C. political and Economic Relations, the other between the Russian Federation and Transnistria

107. Russia has given and continues to give economic and political aid to the Transnistrian region.
108. At the end of the conflict, senior officers of the 14th Army participated in events in the public life of Transnistria. In particular, the Fourteenth Army soldiers participated in elections in Transnistria, the Transnistrian forces military parades and other public events.
109. Permanent Consular Posts, given the position of voting offices, were opened by the authorities of the Russian Federation territory, the Moldovan authorities in the absence of the agreement.
110. In a resolution nr. 1334 of 17 November 1995 IGD, the State Duma of the Russian Federation had declared Transnistria as a "zone of special strategic interest for Russia."
111. political Personalities and representatives of the Russian Federation confirmed on several occasions, his support from the Russian Federation. Representatives of the Duma and other prominent people of the Russian Federation visited Transnistria and participated in demonstrations.
112. For their part, representatives of the "TMR" regime visited Moscow in connection with official visits, in particular, the State Duma. 113. On 19 May 1994, lieutenant-general Yakovlev, former Commander of the Fourteenth Army and former Chief of the Department of Defense and security of the "TMR", became a citizen of the Russian Federation.
114. In 1997, Mr. Mărăcuţa, "Chairman of the Supreme Soviet of MRI," he was granted Russian citizenship.
115. In 1999, Mr. C.m., one of the leaders of the "TMR", too, has acquired citizenship of the Russian Federation.
116. Mr. Smirnov was granted citizenship of the Russian Federation in 1997.
117. light weapons manufacturing industry is one of the pillars of the economy. This is supported directly by Russian enterprises involved in the production of weapons in the region.
118. Since 1993, the Transnistrian military enterprises have specialized in producing high-performance weapons thanks to funds and various orders of Russian businesses, including the Russian group for the production and sale of "Росвооружение" (Rosvoorujenye).
Russian enterprises providing Transnistrian enterprises technology and equipment necessary for the production of modern weapons and military purpose materials. On the other hand, the Transnistrian enterprises producing pieces intended for Russian weapons manufacturers. For example, the organisation receives from the Russian Federation Elektromash parts for pistols with silencers, it produces, and delivers spare parts for various weapons systems assembled in Russia.
119. Under the pretext of withdrawal, GOR Transnistrian enterprises provided parts and machinery for military use. From Râbnița metallurgical plant, which produces the 82 mm mortar, was regularly loaded trucks with mortars and shells derived from GOR from Colbasna (Cobasna), under the pretext of destroying ammunition-transportable.
120. Moreover, there is an interdependence between economic interests conflict, or otherwise, and, due to a massive GAMBLE by the Transnistrian inhabitants GOR.
121. Thus, about 70% of military command unit stationed at Colbasna GOR (including ammunition depot) is made up of inhabitants of Rabnita and Colbasna, and 100% of the technical personnel of the facility at Colbasna (heads of warehouses, technicians, mechanics) are the inhabitants of the region.
122. In total, 50% of the officers of GOR and 80% of non-commissioned officers are the inhabitants of the "TMR".
123. There is a legal cooperation in the field of the transfer of prisoners between Russian Federation and Transnistria, without the participation of Moldovan authorities. As a result, within the framework of this cooperation, the Transnistrian Russian inmates have been transferred to prisons in Russia.
124. Continued meetings between officials from the Russian Federation and those of Transnistria, including through participation in the anniversaries of the Declaration of independence in the "TMR".
125. The managers of the "TMR" have received official honors on behalf of various institutions of the Russian Federation and they were welcomed with honors by the State authorities of the Russian Federation.
126. The Russian Federation has direct relations with the "TMR" in the field of export of gas.
127. Transdnistria receives electricity directly from Russia.
128. goods produced in Transnistria are exported to the Russian market, certain goods being presented as a resident in the Russian Federation.
129. buying certain products necessary GOR forces directly on the market.
130. Russian Enterprises participated in the privatisation in Transnistria. For example, the Russian "Iterra" purchased the largest enterprise of Transnistria, Moldova, Ribnita metallurgical plant, despite opposition expressed by the authorities of the Republic of Moldova.
131. the Moldovan Authorities did not recognize the "TMR" never officially as a State entity.
D. "Jurisdiction" over the occupied territories 132. Through a series of European Court rulings had recognized de facto the "jurisdiction" of Russia over the separatist territory. The Court considered that the separatist regime could not survive without continuous support of military, economic, and policy on the part of the Russian Federation (People and others v. Moldova and the Russian Federation, the Grand Chamber of the Echr of 8 July 2004; Ivantoc and others v. Moldova and the Russian Federation, judgment of 15 November 2011, Cage and others v. Moldova and the Russian Federation, the Grand Chamber of the Echr of 19 October 2012).
PERTINENT LAW 133. The relevant provisions of the Constitution (Official Gazette, no. 1, 1994) are as follows: Article 1 the State of the Republic of Moldova "[...]
(3) the Republic of Moldova is a democratic State of law, in which human dignity, rights and freedoms, the open development of human personality, justice and political pluralism represent supreme values and shall be guaranteed. "


Article 3Teritoriul "(1) the territory of the Republic of Moldova is inalienable.
(2) the frontiers of the country are laid down by organic law, respecting the principles and rules of international law universally recognized. "


Article 8Respectarea of international law and international treaties "(1) the Republic of Moldova pledges to respect the Charter of the United Nations and the treaties to which it is a party, to build relations with other States the unanimously recognized principles and norms of international law.

(2) the entry into force of an international treaty containing provisions contrary to the Constitution shall be preceded by a review of it. "


Article 11Republica Moldova, neutral State "(1) the Republic of Moldova proclaims her permanent neutrality.
(2) the Republic of Moldova does not allow deployment of military troops of other countries on its territory. "
In LAW 134. Of the referral, the Court observes that it is aimed at essentially declared neutrality effects of Moldova in the context of the occupation of part of the national territory of foreign military troops.
135. Thus, the appeal relates to a set of elements and principles with constitutional value interconexe as well as the sovereignty, territorial integrity, national security and military neutrality.
A. ADMISSIBILITY Of 136. In accordance with its decision of September 10, 2014 (see § 3 supra), the Court noted that, under article 135 paragraph 1. (1) (a). (b)) of the Constitution, article 4 para. (1) (a). b) of the law on the Constitutional Court and article 4 para. (1) (a). (b) constitutional jurisdiction) of the Code concerning the interpretation of the Constitution, the appeal is the responsibility of the Constitutional Court.
137. Articles 25, paragraph 2. (1) (a). g) of the law on the Constitutional Court and 38 para. (1) (a). g) of the code of constitutional jurisdiction authorizing Deputy in Parliament with the right to refer the matter to the Constitutional Court.
138. the Court notes that the issues addressed by the authors of the report I have not previously been the object of interpretation in the Court's constitutional jurisdiction.
139. the Court considers that the appeal cannot be rejected as inadmissible and there is no other reason to interruption of the process in accordance with the provisions of article 60 of the code of constitutional jurisdiction. Note that Court was referred to legal and shall have jurisdiction over the interpretation of article 11 of the Constitution. Therefore, the Court will examine further referral to the Fund.
140. In accordance with article 6 para. (2) the constitutional jurisdiction, the Constitutional Court establishes limits of competence alone.
141. Issues subject to dispute settlement require the Court toward analysis of the two issues, which are interrelated. In view of the fact that interpretation concerning the permanent neutrality influences the thinking on the prohibition of the deployment of military troops of other States on the territory of the Republic of Moldova, the Court will examine these issues separately, some aspects will be addressed jointly. Thus, the Court will examine: the permanent neutrality); (b) prohibition of the deployment of military troops).
142. the Court shall retain that power was vested in it by article 135 paragraph 1. (1) (a). (b)) of the Constitution requires the genuine meaning of constitutional rules and which can be done through textual interpretation or function to the extent that it can be inferred from the text of the Constitution, taking into account the generic nature of the rule, the concrete situations that the legislature did not provide them at the time of drafting the rule, subsequent rules (related or even contradictory), complex situations in which the rule must be applied, etc.
143. in order to elucidate the issues addressed in the referral, the Court will operate, in particular, with the provisions of article 11 in conjunction with article 1 para. (1), 3 and 8 of the Constitution, using all methods of legal interpretation.
B. FUND CASE i. status of permanent neutrality 1. The authors ' arguments on which that 144. According to the authors of the referral, the status of permanent neutrality, proclaimed in article 11 of the Constitution, have certain deficiencies, which need to be interpreted by the Constitutional Court.
145. The authors noted that referral, the time of the adoption and entry into force of the Constitution, the territory of the Republic of Moldova were deployed military troops of the Russian Federation.
146. In the authors ' vision of referral, taking into account the obvious conflict between de facto deployment of foreign military troops (Russian) in the eastern region of the Republic of Moldova and de jure prohibition provided for in article 11 of the Constitution, the permanent neutrality of Moldova was not achieved de facto never and cannot be applied as long as, by the presence of foreign armies, it is a breach of the condition of nedislocare of foreign military troops.
147. In the same context, the authors noted that the referral status of neutrality has not been officially recognized and internationally express no State or international organization, as well as regional geopolitical context.
2.148. authorities Arguments According to Parliament, Moldova's neutrality was declared unilaterally, without being the consequence of an international treaty.
149. According to the Parliament, by the proclamation of neutrality in the article 11 of the Constitution, the Republic of Moldova has made the choice in its foreign policy, based on the way the establishment of permanent neutrality principle the objective of achieving full within international relations.
150. According to the Parliament, the option for the status of permanent neutrality has been driven by a number of factors: the need to strengthen sovereignty in the complex political conditions and the lack of traditions of statehood. Thus, stability, essential for achieving reforms, involve withdrawing from territory of foreign military troops (Russian) domestic political situation, strain relief, finalize directions and perspectives of development of the country.
151. In the opinion of the Parliament shall be stated that the provisions of article 11 of the Constitution does not refer to the relations between the Republic of Moldova with other countries or international organisations with a view to concluding agreements to respect the neutrality and guarantee of non-aggression from the outside. Thus, the provisions of article 11 of the Constitution does not establish restrictions for Moldova where measures are taken for the protection of the sovereignty, independence, territorial integrity and other vital interests of the country, including through the use of the armed forces or of other States.
152. Moreover, Parliament stressed that the constitutional provision whereby proclaims Moldova's permanent neutrality is compatible with universal collective security system that allow Moldova to participate in the international operations of peacekeeping.

153. However, Parliament noted that, in the absence of international recognition and guarantees permanent neutrality effects aren't actually relied on the international level. Parliament invoked as an example in that sense the presence of Russian military troops in the area on the left bank of Nistru River, bands that have not been withdrawn despite the fact that Russia has made this commitment, including at international level.
154. Thus, according to the Parliament, the provisions of article 11 of the Constitution prohibit military assaults against the outbreak of other States, as well as the use of the territory of the Republic of Moldova for foreign troops aimed at aggression on other States. Constitutional rule does not extend to actions intended to repel armed aggression of the Republic of Moldova and shall not preclude the conclusion of any international treaty that aims to deter and prevent any aggression from outside, as well as to guarantee the sovereignty, independence and territorial integrity of the Republic of Moldova, including through national or multinational military intervention to secure this end.
155. According to the Government, the provisions of article 11 of the Constitution, whose interpretation is requested, do not contain ambiguities, inaccuracies or doubt and therefore do not require to be interpreted. According to the Government, by the nature of the questions formulated, referral does not cover the interpretation of article 11 of the Constitution, but is aimed at the possibility of derogating from constitutional rule invoked as well as the analysis of facts.
156. According to information supplied by the Ministry of Foreign Affairs and European integration, the status of permanent neutrality of Moldova is regulated only at national level through article 11 of the Constitution. At the international level were not concluded legal acts/treated or passed a resolution in the UN, which would expressly recognises this status. So far, Moldova has not undertaken focused strictly on the recognition of its status of neutrality. The only relevant approach in this regard was the initiative launched in June 2004 by the President of the Republic of Moldova on "stability and security pact for the Republic of Moldova", which provided for the signature by the Russian Federation, United States of America, Ukraine, Romania and the European Union has a political document through which these countries would have to abide by certain principles and to promote a series of common objectives in relation to the Republic of Moldova including respect for and guaranteeing the neutrality of the Republic of Moldova. The main goal of this initiative was to create favorable external conditions for the settlement of the Transnistrian conflict, but talks failed.
157. According to the Ministry, in international practice there are various forms of neutrality of States, the specifics of each is determined by the historical background and political interests. International recognition of neutrality is not a mandatory requirement, but a political choice, which is promoted by a State where it meets its interests.
158. The President of the Republic of Moldova has not communicated to the Court his opinion on this issue.
3. Assessment of the Court 3.1. Fundamental principles of neutrality Law 1) 159. Neutrality is a complex concept in international law and politics, which means essentially that such a State does not participate in wars between other States.
160. The rights and duties of neutral States beligeranților and in times of armed conflict shall be governed by the law of neutrality. This right has been transformed in the 19th century and in customary law was codified in two agreements signed on 18 October 1907 at the second Peace Conference at the Hague: Fifth Convention on the rights and duties of neutral powers and persons in case of war on land;
13th Convention on rights and duties of neutral powers in maritime war.
161. the neutrality Law confers certain rights of a neutral State. For example, forbids any attack on neutral territory by any countries or passing troops, ammunition or supplies on its territory in the interests of beligeranților. A neutral State has also the right to free movement of its economic assets, and its nationals are free to Transact on land and at sea of any other State, whether or not belligerent. On the other hand, neutrality law imposes certain obligations upon the State. It is not allowed to participate directly in armed conflicts or to help beligeranții providing the troops or weapons. You are prohibited from putting its territory at the disposal of beligeranților for military purposes, regardless of whether the database is installed, operational troops moving through it or even currently access it. A neutral State is obliged to ensure the inviolability of its territory with an army properly equipped.
162. the right of neutrality does not impose additional conditions that limit the State's neutral foreign policy nor did it define the position in time of peace to a neutral State. In particular, the practice of traditional doctrine have not prevented neutral States to collaborate with foreign military authorities to prepare the common defence measures. Similarly, a State that was declared permanently neutral not required to expand net neutrality on political, ideological or economic nature (see the "White Paper on Neutrality", annex to the report on Switzerland's foreign policy for the 1990s of 29 November 1993).
163. the right of neutrality attaches great freedom of action and limited the State's taking of policy decisions only in a very small degree. Neutrality is not an institution that determines the overall conduct of foreign policy. Rather, it is a status in accordance with public international law, whose essential content narrow offers a great freedom to formulate foreign policy suited to the needs of the moment and that in practice must be constantly developed to meet changes in the international political scene. The only unchanging principle inherent neutrality is a non-State armed conflicts between other States.
164. the rights of neutral State is limited to the following:

-The right to independence, sovereignty and territorial integrity, which assures them using all appropriate means, all of which are in accordance with the principles applied by the international community.
-Permanently neutral State shall exercise the rights arising from its international personality (the right to be a party to the treaties, to participate in international conferences).    -Neutral State is entitled to protect nationals of belligerent States.    -Neutral State has the right to respect for his property.    -Permanently neutral State will actively support the efforts of the international community in the disarmament sphere, strengthen trust and cooperation between States. In this sense, neutral States are entitled to participate in the activities of international organizations in order to ensure collective security of States. Therefore, a neutral State permanently will be entitled to make part of the defensive alliances when it is attacked. The participation of neutral State at such alliances, under certain conditions, can become a form of security against tampering and security. At the same time, permanently neutral State shall have the right to be a member of international organizations whose purposes and principles run counter to its status.
-The right to self-defence (individual and collective) against an armed attack directed against the sovereignty and territorial integrity of the State.
-Neutral State has the right to take part in peacekeeping operations conducted under the aegis of international organisations. Practice shows that neutral States actively participate in this kind of operation.
2) Neutrality, adaptable tool for defending national interests to 165. Along its history, neutrality was never a rigid, fixed and unchanged, nor in terms of its contents, nor its duration. On the contrary, States have always adapted instrument of neutrality at international requirements and to its own interests. Periods during which a foreign policy of engagement, with an active presence on the international stage, may alternate with periods in which States can be more reserved in their foreign policy.
166. a position of strict neutrality in State describes a war involving other countries. Such neutrality is defined in relation to tensions and military conflicts, i.e. in terms of basic forms of insecurity. Essentially, in this context, it has a function of maximum security and foreign policy. Such status is suitable when States or antagonistic blocs oppose each other and the country concerned fears of outbreak of military conflicts in which you can get involved and must defend itself.
167. Neutrality should remain a tool of foreign policy and security as long as it remains more suitable than other tools to protect national interests.
3 safety and Neutrality) 168. In the light of the challenges faced by States in the late 20th and early 21st century, neutrality cannot be understood as a status that justifies a vacuum and non-involvement, as a position of passivity and seclusion. The maximum key in the current system of collective security is solidarity with others, because in many areas the individual interests of States can be achieved only through the willingness to share responsibilities and to participate in solving international and international decision-making. States ' interests can be met only through solidarity, cooperation and participation in the global and regional levels.
169. With the end of the cold war, there are different kinds of unexpected hazards, some other forgotten: regional conflicts from within Eastern European countries triggered by nationalism, minority issues, secessionist aspirations or cross-border disputes, wars outside Europe with implications for our continent, coercion with weapons of mass destruction or conventional weapons as effective, terrorism, mass migration and waves of refugees , environmental destruction and disasters.
170. Since combined efforts are needed to combat these threats, they cannot be addressed by national measures, but only through international cooperation, especially through joint action at european level. Such a defence requires a multinational approach.
171. The same applies to the creation of effective tools for the prevention and containment of regional conflicts that threaten the stability and security of Europe.
172. If net neutrality would mean a ban on cooperation with other countries in the field of security policy, this would represent a dangerous obstacle for international action aimed at combating these threats.
173. Any country not participating in international cooperation in the field of security policy are likely to be isolated. Such a country would not be a fair and respected partner in Europe. In case of threat, it probably would not be able to rely on the solidarity and support from its partners and would be particularly vulnerable to certain hazards.
174. the right of neutrality at the beginning of the last century developed refers to the behavior of neutral States in case of war and do not mention measures of preventive defense in times of peace. To the extent that, at the end of the last century, guns were developed in such a way that they no longer can assure our defense than through cooperation with other countries in some areas, this cooperation (provided they do not exceed certain limits) must be considered to be compatible with the spirit of neutrality. This applies even more so as a neutral State is not only entitled but also obliged to take precautionary measures the military as it may reasonably require to enable it to defend itself effectively against possible attacks.
3.2. The practice of other States, 175. As a policy option, some States have declared through various internal documents, the status of permanent neutrality.
Switzerland. The procedure has been established since the 1815 Treaty guaranteeing the neutrality of Switzerland, reconfirmed in article 435 of the Treaty of Versailles.
Luxembourg. Neutrality has ceased to be guaranteed by the Treaty of Versailles, but was maintained up to the territory's unilateral invasion of Luxembourg by Germany in 1940.

Austria. The status of permanent neutrality of Austria was declared in order to obtain the withdrawal of the occupation troops, through its domestic legislation in 1954, which entered into force on 5 November 1955, after signing on 5 May 1955 State Treaty between Austria and the four great powers (Britain, France, the USSR and the USA), and was received by the UNITED NATIONS in the same year. Malta. And unilaterally declared permanent neutrality, while European States took note of this statement through the final act of the Madrid Meeting, 1983, by the Conference on security and cooperation in Europe.
Laos. Permanent neutrality is established by governmental Declaration of 9 July 1962, and by the Declaration on the neutrality of Laos, of 23 July 1962, Geneva.
Cambodia. The neutrality of Cambodia was established by a constitutional law on 12 January 1957, defined by Prince Norodom Sihanouk as the expression of a policy. In accordance with the principle of neutrality, Cambodia does not undertake any aggression against a foreign country, but if it was the victim of an attack, they reserve the right to defend itself, to appeal to the United Nations, which is a Member State, or to a high power which was in good relations.
A special case is represented by Turkmenistan, new State emerged as a result of the dismantling of the former SOVIET UNION. After it was decided, through a domestic law, that will have a permanent neutrality status through a General Assembly resolution adopted in 1995 had recognised this status and called on Member States of the UN to respect it and to support it.
176. in order to be effectively relied on the international level, some countries have obtained recognition through acts of multilateral international guarantee of this Statute (the case of Austria and Laos).
3.3. Application of the principles set out in this question 177. Neutrality of foreign and security policy of the State. The neutrality of the Republic of Moldova is closely linked to its historical context, the occupation of the eastern area being a determining factor in his proclamation in the Constitution. From the point of view of history and constitutional neutrality, there has never been an end in itself, but rather a tool, among many others, allowing Moldovan to attain its true objectives, which include the withdrawal of foreign troops from its territory, strengthening its independence and territorial integrity of the restoration.
178. from the Editor: article 11 of the Constitution may be deduced two distinctive features of the instrument permanent neutrality of Moldova. First, permanent neutrality means that the Republic of Moldova is committed to remain neutral in any conflict in the present and the future, regardless of the identity of beligeranților and the place and time of opening it. Secondly, Moldova's neutrality means that Moldova does not admit the stationing of foreign military troops of other countries on its territory. This, however, does not prevent the Republic of Moldova to use all means at its disposal to defend the military way against any aggressor and to prevent any act that is incompatible with neutrality, which beligeranții you can commit in its territory.
179. The Republic of Moldova has entered into its Constitution the status of neutrality, without being asked, however, his confirmation in the UN. In fact, no State has recognized Moldova's neutrality and there is no international guarantees of the status (as there is in the case of Austria). The military occupation of part of the territory of the Republic of Moldova at the moment of Declaration of neutrality, and the lack of international recognition and guarantees of this Statute, shall not affect the validity of the constitutional provision relating to neutrality.
180. Article 11 of the Constitution stipulates that "the Republic of Moldova proclaims her permanent neutrality". Although in the second paragraph of the article is that "the Republic of Moldova does not admit the stationing of foreign military troops of other countries on its territory" during the Soviet occupation to the present territory of the Republic of Moldova (1944-1991) so far in the eastern part of the country are still deployed troops of occupation of the Russian Federation. Basically, Russian Soviet occupation did not end/in the eastern part of the country today, although proclaimed the independence of the Republic of Moldova. The Russian Federation has recognized it, but withdrew the army from the Moldovan territory of Western (remained under occupation by 11% of the area of the Republic of Moldova).
181. Thus, the fact that Russia has not withdrawn its troops occupied the eastern part of the country, but on the contrary strengthened its military presence in Moldova's Transnistrian side, constitute a breach of the constitutional provisions relating to the independence, sovereignty, territorial integrity and the permanent neutrality of Moldova, as well as international law.
182. Neutrality and independence are interrelated: independence is so what neutrality is trying to protect, and, because the State must be able to make decisions freely, a condition sine qua non of neutrality. To be credible, a permanent neutral State must prove a sufficient degree of independence from other countries real. Only then will be able to resist the pressures to which they might be exposed in times of crisis and to fulfil the obligations as a neutral State.
183. the Court shall retain, as Moldova remains under military occupation, with more independence and autonomy is relative that his status of neutrality must involve them.
184. the right of neutrality does not require additional conditions that limit the State's neutral foreign policy nor did it define the position in time of peace to a neutral State. The only unchanging principle inherent neutrality is a State failure in the armed conflicts between other States.
185. Note that Court order any security policies must be security at four levels: individual (citizens), collective (associations of interest), national (State) and international (external environment). This involves a continuous adjustment of the system of national security from external and internal environment to cope with new challenges and problems of security on all five dimensions: political, military, economic, environmental and social fields, including: individual, cultural, food, energy, communications, telecommunications, information, resources, etc.

186. ensuring the security of the Republic of Moldova must be made under the conditions of taking into account Western geopolitical factors exercising influence in South-East Europe and directly affect the State.
187. Security and national defense assumes that cannot be sacrificed in favor of their own interests of another State, group of States or international bodies and that, in the event that they oppose parts of its security, the State may and maintain them, including with the help of national and international armed forces.
188. Note that the Constitution of the Court cannot be a "suicide pact" ("The Constitution is not a suicide pact"). Thus, in the case of a threat to such fundamental constitutional values, as well as national independence, territorial integrity or security of the State, the authorities of the Republic of Moldova are obliged to take all appropriate measures, including of a military order, which would allow it to defend itself effectively against them.
189. Moreover, under the terms of the independent capacity limited defenses more evident, it is vital to greater international cooperation, both bilateral and multilateral.
190. It is obvious that neutrality does constitute an obstacle in defence policy. An interpretation too restrictive, limiting the possibilities of Defense a lot, it would be a handicap for our country and for its inhabitants. The goal of neutrality is to increase the country's security, not to restrict its defense capability.
191. If the Republic of Moldova would no longer be able to defend themselves against threats alone, it should adapt its current security and defence policy to the new circumstances.
192. Further, neutrality is not enforceable against the aggressor State, because the State cannot abstain when it is abused. Neutrality creates rights and obligations, which as a rule does not exist in peacetime and that end with the end of hostilities or as soon as the war between the State and one of the neutral countries. A neutral State has the right to self-defence (individual and collective) against an armed attack directed against the sovereignty and territorial integrity of the State.
193. In the same sense, article 51 of the Charter of the UNITED NATIONS States that: "nothing in this Charter shall be without prejudice to the right of self-defence is inherent to individual or collective where an armed attack occurs against a member of the United Nations, until the Security Council will take the measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be brought immediately to the Security Council and shall not affect in any way the power and duty of the Security Council, in the context of this book, to undertake measures at any time you will necessary to maintain or restore international peace and security ".
194. The Constitutional Court shall retain the provisions of the Constitution implies that the independence and security of the State, including through the use of the armed forces, can be performed both nationally and internationally. In accordance with the Constitution (article 8), while you have to take into account the limits and prohibitions enshrined in the basic law, the international treaties of the Republic of Moldova and the laws passed in order to implement these treaties may provide for various measures to ensure the independence and security of the State at the international level, inter alia, the international collective defence measures and/or other common measures measures to strengthen international peace and security, other measures of international cooperation with the military, whose character, purpose and character are constitutional, and motivated.
195. One of Moldova's commitments in the security of the State and of its independence was assumed by joining the United Nations. In this context, the United Nations requires its members "to take effective collective measures for the prevention and removal of threats against peace and for the Suppression of all acts of aggression or other breaches of the peace" (p. 1 article 1 of the UN Charter). Also, no member of the UNITED NATIONS cannot shirk from fulfilling their obligations under the Charter, unless you will be released from the performance of the Security Council. Article 2 of the UN Charter provides that "all members of the organisation [...] must fulfil in good faith the obligations assumed under this Book ", while article 25 stipulates the commitment of U.N. members" to accept and execute the decisions of the Security Council, "because Security Council bears particular responsibility to take to maintain international peace and security (article 24).
196. In accordance with the provisions of articles 41 and 42 of the Charter, the Member States of the UNITED NATIONS, through the Security Council decision, are required to participate in sanctions with military or nonmilitary nature.  The State will authorize the deployment on its territory of any actions decided on by the Security Council based on Chapter VII of the Charter, including the right of passage to be granted by the State in pursuit of sanctions against the perpetrator (article 43 of the Charter of the UNITED NATIONS). They may not be considered as acts of war as defined in international law, but that law enforcement action in relation to States that are guilty of violating international law and, thus, does not fall within the scope of neutrality, being considered compatible with a system of collective security.
197. Likewise, in accordance with article 51 of the Charter of the United Nations, Member States may grant aid to the victim of aggression, informing the Security Council of the measures taken.
198. The main task of the security policy is to eliminate the causes of potential violent conflicts. Concrete tools for avoiding conflicts can be inter alia: preventive diplomacy, early detection and timely actions, the peaceful settlement of conflicts, but also the threat of sanctions, disarmament and confidence-building. Crisis management and conflict prevention can also be carried out within the European Union, the OSCE or NATO partnerships.

199. modern Neutrality does not preclude cooperation with members of military alliances or coalitions with the aim of strengthening the defense capability of the Republic of Moldova, as long as they can agree on key issues. In this context, partnership, peacekeeping operations are fully compatible with neutrality. Neutral States, such as Austria, actively participate in tasks of EU crisis management, as set out in the Lisbon Treaty. Austria also cooperates closely with NATO and in important areas and necessary, such as crisis management, humanitarian operations, or maintain peace.
200. Similarly, the Republic of Moldova, the new national security strategy, which was approved by Parliament on 15 July 2011, established that in the context of security of the Republic of Moldova a special role to play in global efforts on returns, regional and subregional promotion of stability and international security through cooperation in the UN, OSCE, NATO and other international organizations, as well as participation in the missions in the framework of the security and Defence Policy of the EU (PSAC).
201. The strategy States that the national security of the Republic of Moldova cannot be conceived outside the context of the European security and that efforts to integrate special attention will be given to intensifying cooperation with the EU on CFSP and PSAC line geared towards strengthening national and regional security.
II. Prohibition of the deployment of military troops of other States, 202. The provisions of article 11 of the Constitution, according to which can not be deployed foreign military bases on the territory of the Republic of Moldova, inter alia, means that in Moldova there can be no military base, which is run and controlled by foreign countries.
203. Fulfilling the imperatives arising from defending the territorial integrity and security of the State is a constitutional priority of foreign policy and security of the Republic of Moldova. Among other things, this means the need to implement the European standards concerning human rights and freedoms, to ensure the development of the national defence system in accordance with the requirements of the defense system, including collective, and also to ensure adequate defence expenditure for such development. Identification of maximum guarantees indispensable for safety and to ensure the democratic constitutional order, although not mentioned directly in the Constitution, is a "constitutional value" intrinsic motivation. Without such an imperative, of course, the Constitution, as a public pact, would be devoid of value, and the State would no longer be considered a common good for society as a whole. Therefore, ensuring the independence and security imperative, constitutional democratic order is also a constitutional value.
204. Article 11 of the Constitution should be seen as a tool of protection, not as an obstacle to the protection of independence, democracy and other constitutional values of the Republic of Moldova.
III. Participation in collective security systems, 205. Moldova's neutrality, i.e. compatibility of the status of neutrality with the universal collective security system, contains data on the participation of the Republic of Moldova armed contingents to the operations carried out under the aegis of the UNITED NATIONS for the maintenance of peace and security in the "hot zones".
206. Consequently, the Court considers that, along with the examples provided by Austria and Switzerland, Moldavia, permanently neutral State, it is not neutral in matters of world peace, contributing effectively to the strengthening of international security.
207. The participation in a collective security system, which, like the security system of the United Nations would impose sanctions against perpetrators of collective and offenders of international law, is not in contradiction with the status of neutrality. The extent to which a system or other security or Alliance are contrary to the status of neutrality is to be assessed in each individual case, generally applicable to a ban. The decision will be based mainly on whether participation in the regional defense system will protect the country and its population more effectively than failure.
For these reasons, pursuant to articles 140 of the Constitution, 26, 28 and 281 of the law on the Constitutional Court and 6, 61, 62 lit. b), 68 and 75 of the code of constitutional jurisdiction, the Constitutional Court unanimously, decides: 1. For the purposes of article 11 of the Constitution in conjunction with article 1 para. (1), 3 and 8 of the Constitution:-the military Occupation of part of the territory of the Republic of Moldova at the moment of Declaration of neutrality, and the lack of international recognition and guarantees of this Statute, shall not affect the validity of the constitutional provision relating to neutrality;
-in case of a threat to the fundamental constitutional values, as well as national independence, territorial integrity or security of the State, the authorities of the Republic of Moldova are obliged to take all appropriate measures, including of a military order, which would allow it to defend itself effectively against these threats;
-deployment in the territory of the Republic of Moldova of any troops or military bases, conducted and controlled by foreign States, is unconstitutional;
-participation in collective security systems, security system of the United Nations, peacekeeping operations, humanitarian operations, etc., which would impose sanctions against perpetrators of collective and offenders of international law, is not in contradiction with the status of neutrality.
2. This decision is final, cannot be subject to any appeal, shall enter into force on the date of its adoption and shall be published in the Official Gazette of the Republic of Moldova.