Judgment Reviews Law at Transnistria
Transnistria, officially the Pridnestrovian Moldavian Republic (PMR), is a self-proclaimed state that is not recognized by any UN member country. It is considered by the international community to be a part of Moldova. Because of this, its legal system and court judgments are not internationally recognized.
Despite its unrecognized status, Transnistria has its own legal system and court structure, which are largely based on the Soviet legal tradition and heavily influenced by Russian law.
The Court System
Supreme Court: This is the highest judicial body in Transnistria. It handles the most significant civil, criminal, and administrative cases and has appellate jurisdiction over decisions made by lower courts. The Supreme Court also provides clarifications on judicial practices and is responsible for interpreting the Transnistrian constitution and laws.
Constitutional Court: The Constitutional Court was established in 2002. It is responsible for interpreting the constitution and ensuring that laws and legal practices align with constitutional principles.
Lower Courts: The system also includes local and district courts that handle a variety of cases.
Judgment Reviews and Appeals
The Transnistrian legal system, like many civil law systems, provides for a right to appeal. A person who receives a judgment from a lower court can typically appeal to a higher court, up to the Supreme Court.
However, several factors complicate the review of judgments in Transnistria, particularly from an international perspective:
Lack of International Recognition: Because Transnistria's legal system is not recognized by other countries, its court judgments have no legal force outside of the territory. The Republic of Moldova and the European Court of Human Rights (ECHR) do not recognize the authority of Transnistrian courts.
International Scrutiny: The European Court of Human Rights has held Russia, as the de facto controlling power, responsible for human rights violations committed by the Transnistrian authorities. The ECHR has specifically stated that the Transnistrian court system "can hardly be said to function on a constitutional and legal basis."
Political Influence: The Transnistrian judiciary is often viewed as being heavily influenced by the political leadership, which can compromise the independence and fairness of the legal process. There have been credible reports of procedural violations and a lack of fair trial guarantees.
Recent Legislation: In 2022, Transnistria's legislature approved amendments that criminalized the act of filing complaints to international or Moldovan bodies about violations committed by the regional authorities, with penalties of up to 10 years in prison. This measure is a direct attempt to prevent external review of judgments and human rights issues.
In summary, while Transnistria has a system for reviewing judgments internally through its own court hierarchy, the legitimacy and enforceability of these judgments are not recognized internationally. The legal system operates with a high degree of political influence and has been criticized for its human rights record.
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