These are the cases involving Vadim Fotescu, Alexandru Dodon, Janos Kiper, Viorel Melnic, Serghei Talpe and Valentin Mejinschi.
They, through their lawyers, challenged the provisions of the Law on the Application of International Restrictive Measures regulating the inclusion of persons on lists related to the subjects of international sanctions. According to the applicants, these provisions violate the right to privacy, the right to property, freedom of entrepreneurial activity, the presumption of innocence and the right to access to justice.
In particular, the lawyers argued that the law does not establish a clear timeframe for analyzing the relevant facts, the IRB lacks a clear legal basis for conducting investigations, and the criteria for inclusion in the lists are vague and may lead to abuse.
Nevertheless, the Constitutional Court concluded that the measures provided for by law are not punitive, do not constitute legal sanctions and do not violate the presumption of innocence. It also found that access to justice was ensured, as the applicants had the opportunity to challenge the actions of the IRB in court. And the mere enumeration of constitutional articles without sufficient substantiation is not considered a genuine complaint of unconstitutionality.
“The challenged provisions of the law do not violate the right to access to justice, the principle of non-discrimination or the presumption of innocence, as these are not sanctions in the criminal law sense, but preventive security measures. In the absence of convincing arguments, the Court cannot proceed to the examination of the merits of the case,” said Domnica Manole, President of the CC.
The decision of the Constitutional Court is not subject to appeal.
As a reminder, on January 25, 2024, on the basis of the Law on the Application of International Restrictive Measures, by order of the ISS, the following persons were included in the list of persons in respect of whom there is information about connections with the subjects of restrictions: Janos Kiper, Vadim Fotescu and Viorel Melnic – in connection with Ilan Shor; Valentin Mejinschi and Sergiu Talpe – in connection with Vladimir Plahotniuc; Alexandru Dodon – in connection with Russian businessman Igor Chaika.
