The legal system of Moldova
A civil-law system whose 2002 Civil Code was heavily recast in 2019 along German lines. EU candidate status since 2022 has made accession-driven reform — judicial vetting, anti-corruption and asset recovery — the organising theme of current legal change. Gagauzia holds a special autonomy status by statute.
Legal tradition
Moldova belongs to the civil law tradition. A civil-law system whose 2002 Civil Code was heavily recast in 2019 along German lines. EU candidate status since 2022 has made accession-driven reform — judicial vetting, anti-corruption and asset recovery — the organising theme of current legal change. Gagauzia holds a special autonomy status by statute.
How power is divided
Parliamentary, though the President has been directly elected since 2016; the Constitutional Court arbitrates between the two.
Where law comes from
- Constitution
- Supreme law; conflicting acts are void.
- International treaties
- Ratified treaties are part of domestic law and prevail over conflicting statute.
- EU approximation commitments
- Association Agreement and candidate-status obligations drive reform.
- Codes and laws
- Civil Code (2002, recast 2019), Criminal Code (2002), Labour Code (2003).
- Government decisions
- Secondary legislation implementing statutes.
- Supreme Court advisory opinions
- Guide the uniform application of law.
The legal profession
Lawyers are licensed by the Union of Advocates after examination and traineeship; notaries, bailiffs and authorised administrators are separate licensed professions.
Law by topic in Moldova
- Family LawA 2000 Family Code with registry divorce for childless couplesThe Family Code of 2000 governs marriage and parentage. Spouses without minor children and without property disputes may divorce at the civil registry, while all other cases go to court, and property acquired in marriage is jointly owned by default.
- Immigration & NationalityA 2010 foreigners regime with a visa-free EU associationMoldovan citizens travel visa-free to the Schengen area, and foreigners in Moldova fall under Law 200/2010. Work requires a right-to-work confirmation obtained through the employment agency, and residence permits are issued by the migration bureau.
- Constitutional LawA 1994 constitution with EU integration written inThe Constitution of 1994 declares a parliamentary republic and, since the 2023 amendment, records the irreversibility of the European course. The Constitutional Court has no direct individual complaint, but the exception of unconstitutionality may be raised in any pending case.
- Civil ProcedureA 2003 code with cassation to the Supreme Court of JusticeThe Code of Civil Procedure of 2003 allocates first-instance jurisdiction to the district courts after the 2016 map reform, with courts of appeal and cassation to the Supreme Court of Justice. Enforcement is carried out by licensed private bailiffs.
- Employment & LabourA 2003 Labour Code with exhaustive dismissal groundsLaw 154/2003 requires a written individual contract and lists the grounds for dismissal exhaustively. Employers must keep the contract, the internal rules and the working-time record available for inspection, and the labour inspectorate can fine for informal work.
- Business & CorporateOne-stop registration with no minimum capital for an SRLThe srl is the standard company and since 2017 requires no minimum share capital. The Public Services Agency operates a one-stop shop that registers the company, assigns the fiscal code and enrols it for social contributions in a single filing.
- Criminal LawThe 2002 codes with an investigating judge and a 72-hour limitThe Criminal Code and Code of Criminal Procedure of 2002 govern offences and process. Detention without a court order may not exceed 72 hours, and the investigating judge authorises intrusive measures and remand.
- Tax LawA 12% income tax with a 7% IT Park turnover optionPersonal income tax is 12% and corporate tax 12%, with standard VAT at 20%. Accredited Moldova IT Park residents instead pay a single 7% tax on turnover that substitutes income tax, social contributions and local taxes.
- Human RightsECHR rights with an unresolved Transnistria jurisdiction questionMoldova has been party to the ECHR since 1997. The Ilaşcu line of cases holds that Moldova retains positive obligations in Transnistria while Russia exercises effective control, which shapes almost every complaint arising from the left bank.
- Property & LandA unified cadastre with restrictions on farmland for foreignersReal property rights are recorded in the cadastre maintained by the Public Services Agency, and registration is required for the right to arise. Foreign citizens and companies may not acquire agricultural or forest land and must dispose of any inherited plot.
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