At present, the Republic of Moldova does not ensure, on the uncontrolled territory, the
principle of individualization of criminal liability and criminal punishment, not to be subjected
twice to criminal prosecution and criminal punishment for the same act committed.
Thus, the person risks being convicted for one and the same act not only by the constitutional
authorities but also by the de facto authorities.
Documentation of citizens from the administrative-territorial localities on the left bank of the
Dniester and the municipality of Bender
The issue of documentation with civil status documents and identity documents, as well as the
recognition of civil status facts registered in the Transnistrian region, was addressed in 91 of the
applications (about 47%) registered in the Varnita Representation of the PAO.
The People's Advocate welcomes the efforts of the Chisinau authorities to identify solutions
aimed at simplifying the process of documenting citizens on the left bank of the Dniester with
documents prepared by the competent authorities121.
In order to regulate the certification process of the civil status facts produced and recorded in
the localities on the left bank of the Dniester, by Government Decision no. 286 of 29.05.2019, the
Instructions on the certification of civil status facts produced and recorded in the localities on the
left bank of the Dniester and the municipality of Bender were approved122.
However, with the approval of these instructions, the aspects that generate the
bureaucratization and delay of the provision of services by the Public Services Agency, mentioned
in the Report on the observance of human rights in the Republic of Moldova in 2018, were not
removed.
Thus, until now, after receiving the duplicate of the birth certificate (without entering the
identification number), based on the copies of the civil status documents issued by the civil status
authorities subordinated to Tiraspol, the person must address to the territorial subdivisions - Identity
Documents Issuance Services within the Public Services Agency, where the registration of the
121
Law no. 310 of 22.12.2017 on the completion of Law no. 100/2001 on civil status acts.
https://www.legis.md/cautare/getResults?doc_id=105665&lang=ro
122
Government Decision no. 286 of 29.05.2019 for the approval of the Instructions on the certification of civil status
facts produced and recorded in the localities on the left bank of the Dniester and Bender municipality.
https://www.legis.md/cautare/getResults?doc_id=114695&lang=ro
68
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