In the article the authors notice that the Constitution and the Law on the Constitutional Court of the Republic of Moldova establishing the powers of only organ of constitutional jurisdiction, do not contain such notions as "jurisdictional disputes" or "disputes on solution of competence" (in contrast to a number of constitutional courts of other countries).

In the practice of the Constitutional Court of Moldova the issues of competences on their essence are issues of the observance of one of the state fundamental principles, that is - separation of powers, stipulated in Article 6 of the Constitution. The latter in its turn declares that in the Republic of Moldova legislative, executive and judicial powers are separated and they interact realizing their prerogatives in accordance to constitutional powers. The principle of separation of powers is also stipulated in Paragraph 3 of Article 134 of the Constitution, which establishes that the Constitutional Court guarantees the supremacy of the Constitution and realization of the principle of separation of state power into legislative, executive and judicial.

The Constitutional Court pays the permanent attention to this issue when considering all the petitions on review of constitutionality of laws and Parliament resolutions, decisions and other normative acts of the Government, President's decrees.

For last two years the Constitutional Court of Moldova has considered 11 cases in which as a rule the Government intrudes into the sphere of legislative power. As a result, partially or completely three laws of the Republic of Moldova and 10 resolutions of Government were recognized unconstitutional.

The laws were recognized unconstitutional on the same reason: the Parliament, as the highest representative organ, delegated to the Government the power to establish initial norms in the field of social relations that request legislative regulation, which is not stipulated by the Constitution.

Underlining the importance of the theory of separation of powers, it is noted that each power realize its competence in the framework strictly defined by the Constitution, at the same time possessing protective remedies in the relations with other powers.

No one power has the possibility to usurp the competence of the other. Between the organs that exclusively realize the prerogatives of the certain kind of power, there exist functional interpenetrating and cooperation.

In its practice solving jurisdictional disputes, the Constitutional Court of the Republic of Moldova considers the principles of separation of powers as a mechanism of the intercontrol and provision of functional balance between the powers. Observing the fundament of this balance, the Constitutional Court aims to prevent the manifestation of hegemony of one of the constitutional powers to the detriment of the other, as well as the violation of constitutional order, established by the will of people.