U.S. English Foundation Research

MOLDOVA

Legislation

Introduction

There have always lived people of different nations and languages in the territory of the Dniester Moldavian Republic and all languages both in their standard form and in local and historical dialects are sources of not just national but World heritage.

Language dualism and multi-language standards have become a common rule in this populous country and that was also proved by the first Constitution of the Moldavian Autonomous Soviet Socialistic Republic in 1924. Moldavian, Russian and Ukraine were claimed official languages and the status of equality was given to all other languages used in the territory.

Legal equality of all languages stated in the Declaration of Sovereignty of the Dniester Moldavian Republic was approved at the Session of the Highest Soviet of Dniester Moldavian Republic on 8th December 1990.

The Dniester Moldavian Republic guarantees equal development and preservation of languages used in its territory and creates legal guaranties in the field of language and culture development for all inhabitants regardless their nationality.

Advertising hostility, disdain and contempt of any language, or any other breach of Dniester Moldavian language laws, is unjustifiable, as it is creating obstacles, limits and privileges in language use which is contradictory to the national policies stated in the Dniester Moldavian Constitution.

The Act does not apply to using languages in non-official relations, in the army or in religious communities.

1. GENERAL PROVISIONS

Article 1. (Language Sovereignty and Citizens' Rights)

The Dniester Moldavian Republic guarantees language sovereignty of all citizens regardless their origin, social and property status, race and nation, sex, education, religion, employment and other circumstances.

Each citizen has an equal natural and legal right to choose freely a language of communication and to use it in all spheres of life.

It is unjustifiable to limit the rights of any citizens connected with the use of their mother tongue or other languages of CIS in different political and social spheres.

Article 2. (Right to Work and Other Constitutional Rights, Freedoms and Interests Independent of Language)

It is illegal to set any direct or indirect limitations to constitutional rights, freedoms and interests, to grant any direct or indirect advantages concerning Dniester Moldavian citizen rights to work based on their abilities to speak the languages of CIS with the exception of cases when Dniester Moldavian legislation requires special language skills necessary for specific positions.

Article 3. (Legal Language Status)

All languages possess equal legal status and gain equal protection in the territory of the Dniester Moldavian Republic.

The official language status is equally assigned to the Moldavian, Russian and Ukraine language.

In individual districts, priority is given to any of the above stated languages by the Republic or local authority's decision or by referendum which takes place in the Republic or respective administrative district.

Article 4. (Language Development)

The Dniester Moldavian Republic represents a material base for full development of all official languages and other languages used in its territory and supports their research. The Highest Soviet adopts a state program of language development in the Dniester Moldavian Republic involving steps to guarantee language education and education in the languages, pedagogic studies, development of literature, science and art, TV and radio broadcasting, book, magazine and newspapers publishing, professional, text-book and dictionary publishing as well as other activities taking place at national culture centers, regional societies and clubs, out-of-school clubs and other places aiming at learning, teaching and promoting all Dniester Moldavian languages.

Language program is financed from the Republic and local budgets and it can be additionally supported by national cultural centers and national and regional societies or private donations from citizens.

Program implementation is supervised by legislative and executive bodies of the Dniester Moldavian Republic.

Article 5. (Communication Between Nationalities)

Cultural and historical tradition in the Dniester Moldavian Republic has proved Moldavian, Russian and Ukraine languages to be equal means of communication among people, nevertheless, such status may be given to other language used in the Dniester Moldavian Republic.

Article 6. (Written Standard of Moldavian Language)

The original Cyrillic alphabet is the standard of any written communication in the Moldavian language.

Enforcing the use of the Latin alphabet in the Moldavian language may be prosecuted.

Article 7. (Fund and Language Heritage Protection)

The Dniester Moldavian Republic via state archives, libraries, museums, scientific and research institutes supports research, protection, development, preservation and use of Moldavian language heritage as well as of other languages in the territory.

Article 8. (Language Protection Guaranty)

Legal language status is guaranteed and protected in all social, legal and economic spheres.

Social language protection is enforced by scientific language policy aimed at equal preservation, study and development of all languages used in the territory of the Dniester Moldavian Republic.

Legal language protection includes responsibility of those citizens and legal entities who breach the Law provisions as well as other language norms of the Dniester Moldavian Republic.

Economic language protection is carried out through the state language development programs and their material and financial support.

2. THE LANGUAGES OF THE STATE ADMINISTRATION

Article 9. (State Administration Bodies)

Within the whole structure the state administration bodies (e.g. sessions of the Soviets of People's Deputies in the Dniester Moldavian Republic on all levels, the Highest Soviet of Nations sessions, Nations and Republic Soviet sessions, committees, commissions, Presidium of the Highest Soviet, Government etc.) communicate in one of the official languages (Moldavian, Russian or Ukraine), which has been agreed by the respective or higher administrative body.

Those individuals who cannot speak the official language of the state administration have the right to decide for their mother tongue or any other CIS language. If necessary, the state administration body involves an interpreter.

Article 10. (Acts and other Legal Documents)

The acts and other legal documents of the Republic and local state administration in the Dniester Moldavian Republic are issued in the Moldavian, Russian and Ukraine languages. All of them are official and equal in their legal force.

Article 11. (Parliament Elections and Referendum)

Preparation and administration of Parliament election and referendum in the Dniester Moldavian Republic is carried out in the language spoken by majority of people in the region.

Election documents are provided in one of the official languages according to the decision made by the Central Election Commission.

Voting cards for election and referendum are provided in the language used by the citizens of the electoral district.

3. JUSTICE, STATE ARBITRATION, NOTARY AND PARISH REGISTER

Article 12. (Court and Misdemeanor Proceedings)

In the courts of the Dniester Moldavian Republic either one of the official languages (Moldavian, Russian or Ukraine) or the language of majority in respective region is used.

Court participants who cannot speak the language of the proceeding have the right to learn the court documentation, to participate in the proceeding using an interpreter and to appear in the court in their mother language.

In cases specified by laws, participants may ask for investigation and court documentation translated into their mother language or other language they speak.

Impeachment of language provisions in the court proceeding is a reason for cancellation of the court decision.

Article 13. (Misdemeanor Suit)

Participants of misdemeanor suit who do not speak the language of suit have the right to appear in their mother language and use the service of an interpreter.

Documentation is provided in an official language (Moldavian, Russian or Ukraine). An interpreter is assigned to a person who does not speak the language of suit and documentation.

Article 14. (Arbitration)

The Action of Arbitration involving parties presented in the Dniester Moldavian Republic is maintained in one of the official languages - Moldavian, Russian or Ukraine.

The Action of Arbitration involving a party presented at the territory of a CIS country is maintained in Russian.

Documents in Moldavian or Ukraine languages sent to arbitration bodies in another country of CIS shall be translated into Russian.

Article 15. (Notary Actions)

Notary documentation of the state notary bureaus, Executive Committees of Municipal, Local, Regional and Town Soviets of People's Deputies is provided in the language of legal action in the respective territory.

If the person appealing to the notary or to the Executive Committee of the Local Soviet of People's Deputies does not speak the language of documents, they are provided in an official language (Moldavian, Russian or Ukraine) or a language chosen by the applicant.

Article 16. (Parish Register)

Parish register documents are written in the language of legal action used in the respective region.

Article 17. (Prosecution Supervision)

The documents of prosecution supervision are written in an official language (Moldavian, Russian or Ukraine) decided upon the Dniester Moldavian Republic Government in coordination with the Executive Committees of Local Soviets of People's Deputies. That is also the language of correspondence with citizens, state and co-operative entities and institutions, interest associations of the Dniester Moldavian Republic.

The language of communication between Prosecution of the Dniester Moldavian Republic and other CIS countries prosecutions is Russian.

Article 18. (Legal Aid)

Legal aid to citizens, companies, institutions, organizations and other entities is provided in an official language (Moldavian, Russian, Ukraine) or a language accepted by both parties.

4. THE LANGUAGES OF STATE AND PUBLIC ADMINISTRATION BODIES, ENTITIES, INSTITUTIONS AND ORGANIZATIONS

Article 19. (State and Public Administration Bodies, Entities, Institutions and Organizations)

Sessions, meetings and other organization and legal forms of activities in state and public bodies, entities, institutions and organizations are maintained in an official language (Moldavian, Russian or Ukraine) agreed by the participants of the sessions.

The citizens who do not speak the language of session are provided an interpretation into their mother language or the language they understand. Participants in the sessions and conferences are entitled to use the language they speak. If necessary, their performance is translated.

Article 20. (Communication Between Citizens and State and Public Bodies, Entities, Institutions and Organizations of the Dniester Moldavian Republic)

Citizens are entitled to appeal to state and public bodies, entities, institutions and organizations with their instigation, requests and complaints in an official language of the Dniester Moldavian Republic.

Responses to instigation, requests and complaints are provided in the language of the citizen's inquiries.

Article 21. (Administrative Documents)

Administrative documents and documentation of state and public bodies, entities, institutions and organizations is maintained in an official language (Moldavian, Russian or Ukraine). The language of documents is decided by a state and public body, company, institution or organization council (Soviet) of employees in coordination with the Dniester Moldavian Republic Government and the Executive Committee of Local Soviets of People's Deputies.

Article 22. (The Official Correspondence)

Official correspondence and other forms of formal relations among state and public bodies, entities, institutions and organizations on the territory of the Dniester Moldavian Republic are maintained in an official language (Moldavian, Russian or Ukraine).

The language of correspondence and other forms of official communication is decided by the Dniester Moldavian Republic Government taking into account the state and public body structure and the place where an entity, institution or organization works.

Article 23. (The Languages of Service)

Entities, institutions and organizations offering services (trade, medical service, local transport, communal service, inter-city transport) use an official language (Moldavian, Russian or Ukraine), other language of CIS nations, or a foreign language which enables the highest efficiency of performance.

Article 24. (Energy and Transport Systems in CIS Countries)

Bearing in mind the aim to ensure secure and smooth performance of energy and transport systems around CIS countries (road, rail, air, pipeline transport, air, underground and underwater electric transmission lines), the documentation and controllers communication is in Russian.

Article 25. (Business Agreements)

Agreements between entities, institutions and organization of the Dniester Moldavian Republic and entities, companies, associations and organizations of other states are written in the official languages of the Dniester Moldavian Republic and the language of another party.

5. THE LANGUAGE OF EDUCATION, SCIENCE AND CULTURE

Article 26. (Education)

Each citizen has the right to choose freely the language of education of his/her children and the right is guaranteed by the state.

The Dniester Moldavian Republic considering the interests of nations living in a certain region founds kindergartens and schools with education in the Moldavian, Russian and Ukraine language.

Work groups, classrooms, study groups and other forms of education in mother languages are organized in kindergartens and schools of different type.

Parents or tutors are entitled to choose kindergarten or school with respective language.

Article 27. (CIS Language Study Programs)

The Dniester Moldavian Republic creates conditions for learning mother languages and other CIS national languages.

In all types of schools the students take up one Dniester Moldavian official language compulsory.

Article 28. (Language Entry Exams)

Those who apply for a study at secondary professional schools and universities of the Dniester Moldavian Republic pass a language entry exam in one of the official languages (Moldavia, Russian or Ukraine). Entry exams of other subjects are in the languages taught in the Dniester Moldavian schools.

Article 29. (Science)

In the World of science equal status is guaranteed to Moldavian, Russian and Ukraine language.

Free choice of language is guaranteed for scientific research and publishing.

Thesis and their public presentation is carried out in the language of the scientific research considering the possibilities of specialized scientific board.

Conferences, symposiums and other republic and local events are carried out in Moldavian, Russian or Ukraine upon the agreement of their participants. Provided that the subject of event concerns other nations living in the Republic, it is carried out in mother language.

Interpretation service is provided.

Article 30. (Moldavian Language Scientific Research)

In the field of Moldavian language scientific research the Dniester Moldavian Republic:

- organizes and guarantees scientific research of Moldavian language history, research of the nation's unique character, tradition, culture and language;

- creates necessary scientific, material and technical basis for studies of historical literary heritage written in the Cyrillic alphabet;

- takes care of preparing scientific and pedagogic experts who can further work in the sphere of science and education.

Article 31. (The Language of Culture)

The Dniester Moldavian Republic guarantees equal use of the Moldavian, Russian, Ukraine and other languages in cultural life of the country.

The Republic takes care of translations into official languages (Moldavian, Russian and Ukraine) as well as into other languages of the nations, guarantees publishing of artistic, political, scientific and other literature, films, audiovisual works of art and different pieces of art being the cultural values of CIS and World nations.

Article 32. (National Culture Center, Clubs, Organizations and Regional Associations)

The Dniester Moldavian Republic supports creation and establishment of culture centers, national clubs, organizations and regional associations contributing to language, tradition and culture development.

National culture centers, national clubs, organizations and regional associations are given large responsibilities. They are entitled to organize social and political, education events, develop folk customs, publish scientific, non-fiction and fiction literature and periodicals; prepare radio and TV programs in mother language, submit requests for opening new kindergartens, schools, groups and departments at secondary professional schools, universities and culture centers, establish creative teams and carry out works beneficial to the public.

6. THE LANGUAGE OF IT AND COMMUNICATION

Article 33. (IT)

IT in the Dniester Moldavian Republic is being developed in Moldavian, Russian and Ukraine.

Computers used in state and public offices, entities, institutions, organizations shall enable working in all official languages.

Article 34. (Official ID Documents)

Id's and other types of personal cards, such as labor cards, army cards, certificates, school diplomas, birth, marriage and death certificates are written in Moldavian, Russian or Ukraine.

Rules of name and father's name transcriptions follow the orthography of national standard language forms. Their reproduction into other languages is done according to the norms of the respective language. Any occurring disputes may be settled in court after finding legally relevant facts.

Article 35. (Mass Media)

Official languages of the Dniester Moldavian mass media (TV, radio broadcasting, newspapers, magazines etc.) are Moldavian, Russian and Ukraine, though the languages of other nations may appear in media.

Article 36. (Post and Telegraph Service)

Postal and telegraph correspondence between citizens, state and public bodies, entities, institutions, organizations is accepted in Moldavian, Russian and Ukraine, cross-border correspondence (with the exception of foreign countries) in Russian.

Post and telegraph offices supply stamps, envelopes, blank sheets etc. marked in Moldavian, Russian or Ukraine.

Article 38. (Announcements and Decrees)

Official announcements, decrees, posters, billboards and other visual information tables are written in Moldavian, Russian or Ukraine.

Article 39. (Goods Labels and Marks)

The goods processed and produced in the Dniester Moldavian Republic are labeled in Moldavian, Russian or Ukraine. Decision for the most appropriate language is taken by the executive committee of the local authority considering the consumers interests.

Exported goods are labeled either in Moldavian, Russian or Ukraine or in the language ordered by the customer.

Brand names are written in Moldavian, Russian or Ukraine.

7. NAMES AND HEADLINES

Article 40

Names of state and public authorities, entities, institutions, organizations are written in Moldavian, Russian or Ukraine in the following graphic order: top left is the place for Moldavian, lower middle for Russian and top right for the Ukraine name. Other possibilities to place the names are decided by Executive Committees of Local Soviets of People's Deputies.

Article 41. (Toponyms and Cartopraphy)

The names of towns, administrative districts, streets and squares are in Moldavian, Russian or Ukraine, whereas additional name in other national language may be added if the majority of people belong to this nation. Reproduction is provided in transcription.

Toponyms out of the territory of the Dniester Moldavian Republic are written in official languages in transcription from the respective language.

Cartographic edition for the Dniester Moldavian Republic are issued in Moldavian, Russian or Ukraine.

Article 42. (Personal Names)

Names and surnames are used in harmony with national tradition, national language standards and reproduction rules of foreign names.

8. THE LANGUAGES IN COMMUNICATION WITH CIS AND OTHER COUNTRIES

Article 43. (Relations Between the Dniester Moldavian Republic and Other Countries)

The Dniester Moldavian consulates, trade chambers and other foreign representations

based abroad work in one of the official languages (Moldavian, Russian or Ukraine).

Contracts, agreements and other international documents signed on behalf of the Dniester Moldavian Republic are written in one of the official languages and the language of the second party or in a language agreed by all parties involved.

The language of negotiation with foreign country representatives are maintained in a language agreed by the parties taking into consideration international agreements and practice.

Article 44. (Communication Between the Dniester Moldavian Republic and the CIS Countries)

Relations between the Dniester Moldavian Republic and other CIS members are maintained equally in one of the official languages of the Dniester Moldavian Republic or in another agreed language.

9. LEGAL PROTECTION OF LANGUAGES USED IN THE DNIESTER MOLDAVIAN REPUBLIC

Article 45. (Responsibility for Breaching the Language Laws)

Advertising hostility or contempt towards any language of the CIS nations including that of the Dniester Moldavian Republic, creating obstacles, limits or privileges to their use contradictory to the Constitution principles of national policy in CIS countries and the Republic, breaching other language laws of CIS and Dniester Moldavian countries is unjustifiable and illegal.

Any action of the Dniester Moldavian state and public bodies, officers or representatives of entities, institutions, organizations that is contradictory to the laws on development and use of languages in CIS countries may be prosecuted according to the laws.

An officer refusing to accept an instigation, request or complaint or failing to take the necessary measures may also be prosecuted.

Article 46. (Language Law Observance Supervision)

Language Law Observance Supervision is carried out by the Highest Soviet of the Dniester Moldavian Republic and the Dniester Moldavian Government.

The President of Dniester Moldavian Republic

September 8, 1992

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