Law nr. 113 from 17.06.2010
Chapter I - GENERAL DISPOSITIONSArticle 1. Regulatory domain
(1) This Act establishes the status, duties and responsibilities of bailiffs, organization and self-training, relations with public authorities, public or private organizations.
(2) The present law enforcement agents are performing procedural actions to execute documents enforceable in accordance with the Enforcement Code, Civil Procedure Code and other laws and regulations, public authorities and organizations involved in bailiff activity.
Article 2. Bailiff activity
(1) The bailiff is the natural state vested power to perform activities of public interest under this Law and other laws. In exercising their duties, the bailiff is the exponent of the state. Only licensed and sworn bailiff under this Act may make enforcement.
(2) bailiff activity is not entrepreneurial.
(3) bailiff activity takes place in the law, rights and interests of parties in the enforcement process and other interested persons irrespective of race, nationality, ethnic origin, language, religion, sex, political affiliation, wealth, social origin or any other criterion.
(4) The bailiff shall not refuse to execute a given act within its jurisdiction, except in the cases and conditions established by law.
Article 3. Bailiff Act
Document prepared by the bailiff, within its legal powers, is procedural act of public authority, has probative value shall be presumed to be legal, and if he is drafted in the enforcement process may be appealed as provided by Code execution.
Chapter II - THE BAILIFFArticle 4. Right to engage in activities bailiff
(1) bailiff is the person who meets the following conditions:
a) a citizen of the Republic of Moldova;
b) has full legal capacity;
c) degree in law;
d) stage made under this Law;
e) speaks the state language;
f) has an impeccable reputation;
g) passed the entrance examination to the profession of bailiff.
(2) It is considered to have impeccable reputations person:
a) was convicted of criminal offenses and has no criminal record off;
b) was fired from law enforcement or compromising reasons was issued for the same reasons from the judge, the notary, lawyer, legal consultant or civil servant;
c) has a behavior incompatible or carries incompatible with the professional norms of bailiff.
Article 5. Incompatibilities
Exercise of judicial officer is incompatible with paid work in some other profession, except teaching, scientific, creative and professional activity in organs.
Article 6. Independence bailiff
(1) The bailiff activity is independent and subject only to the law.
(2) Any interference with work performance is unacceptable and enforceable documents held liable under the law.
(3) During the performance of their duties, the bailiff can not be detained and searched, it can not be raised by acts of producing goods and enforcement procedure, commits only if flagrant.
(4) If a bailiff arrest or prosecution of criminal startup, the body that made such action shall inform the Ministry of Justice and the National Executors within 6 hours.
(5) Lifting the bailiff acts and assets related to the enforcement procedure is done only with authorization of the judge.
(6) Prosecution of bailiff may be exercised only by the prosecutor.
Article 7. Bailiff rights
The bailiff is entitled:
a) to issue procedural acts within its competence;
b) summon, at his office at the place of enforcement provisions, the debtor and other participants in the execution;
c) to communicate, at the request of interested persons, judicial and extrajudicial documents;
d) request and receive a free hard copy and on-line from the central government and local authorities, institutions (including financial) from other organizations (regardless of its ownership and legal form of organization) holding state records and information relevant to the enforcement process any information that could identify the debtor, its assets and their whereabouts. Technical conditions to access said information will be governed by agreements concluded between the National Executors and holder of information;
e) to notify the authorities and individuals on the facts found, the non-compliance with legal requirements submitted by the bailiff;
f) provide the legal requirements of individuals and legal parties in the enforcement procedure for undertaking enforcement of certain actions;
g) to enter, with the debtor or the adult members of his family (and the absence of agreement, with competition law enforcement), the rooms and warehouses belonging to the debtor, and those in its use, and to investigate ;
h) to calculate, at the request of the creditor, interest, penalties and other amounts arising from delay in fulfillment of an obligation arising from an enforceable document;
i) to assist parties in enforcement proceedings and other applicants, explaining their legal consequences of the procedure;
j) to reconcile the parties in an interlocutory stage in the enforcement procedure;
k) find, at the request of interested states actually act acknowledging having probative value;
l) to seize goods, to seize, store, manage and sell property seized in the enforcement and pledged assets;
m) to apply online precautionary measures;
n) use, while on duty, means of audio, photo and / or video;
a) to recover debts amicably;
p) to issue copies of acts of enforcement proceedings by third parties not involved in this procedure only in the law and based on a written request;
q) to receive, by law, fees and charges for activities;
r) to negotiate with creditor payment terms and the term of the fee;
s) to receive annual leave;
t) to receive State social insurance and pension contributions based on state social insurance;
u) to exercise other rights provided by law.
Article 8. Bailiff duties
The bailiff shall:
a) have an active role throughout the implementation process, submitting endeavor to meet the legal obligation under the enforceable document, respecting the rights of the parties in enforcement proceedings and other stakeholders;
b) to accept all applications for enforcement of the enforceable document, which has territorial jurisdiction, as required by law;
c) to provide the parties with enforcement proceedings and their representatives the opportunity to take the materials of the enforcement proceedings;
d) examine applications of the parties regarding the enforcement process, explaining how the time limits and enforcement provisions;
e) trade and banking secrecy, not to disclose information and facts that have become known in the enforcement procedure;
f) keep the register of enforcement proceedings in the form prescribed by the National Union of Executors;
g) to demonstrate a high work culture and to be impartial;
h) to testify to the identity by producing identity cards during the performance of procedural actions to execute binding documents;
i) to ensure his business to an insurance company;
j) to pay regular compulsory contributions to the National Union of Executors budget in the amount established by it;
k) to attend annual training and refresher courses for a total of at least 18 academic hours;
l) to perform other duties prescribed by law.
Article 9. Trainee bailiff
(1) trainee bailiff is the person who fulfills the requirements of Art. Article 4. (1). a)-c), e)-f) and not taking other paid work except teaching, scientific and creative.
(2) To be accepted as the junior bailiff, the person will hold a contest organized by the National Union of Executors.
(3) Persons who have passed the competition are distributed by the National Board of Executors, according to the territory called bailiffs who will ensure the internship. Can bailiff bailiffs while more than 2 trainees.
(4) trainee bailiff shall pay on behalf of the National Union of Executors fee for the internship, the amount set by the Union.
(5) The conditions of admission as a trainee bailiff and conditions of the internship is determined by a regulation approved by the Ministry of Justice, the National Union of Executors proposals.
(6) internship is a period of at least one year and carried out under contract between the bailiff and the bailiff trainee providing the internship. If the trainee bailiff has benefited from reduced labor, time will be extended proportionately.
(7) trainee bailiff may only exercise powers which was mandated by the bailiff.
(8) trainee bailiff can not exercise the following duties of bailiff:
a) the auction;
b) application and sequester the assets and bank accounts;
c) collect undeniable funds from the account debtor;
d) the distribution and release of funds amounts to creditors;
e) Providing, selling and administration pledged goods or seized;
f) execution of documents related to litigation executive housing (extraction / installation) and child transmission.
Chapter III - ADMISSION TO THE PROFESSION OF BAILIFF
Article 10. Entrance examination
(1) person wishing to become a bailiff is to support a contest before the Licensing Commission.
(2) The competition shall be allowed those who meet the conditions of art. Article 4. (1). a)-f), National Union filed a request Executors and paid respect to her bank account required initial fee in the amount set.
(3) The conditions of admission to the competition, the conduct of its criteria for selecting the best candidates are established by a regulation issued by the Ministry of Justice, the National Union of Executors proposals.
(4) contest results are valid for one year.
Article 11. Licensing Commission
(1) The Licensing Commission is formed by the Minister of Justice and consists of 7 members: 4 representatives nominated by the National Union of Judicial Officers, a representative of the Ministry of Justice, a judge appointed by the Superior Council of Magistrates and a lecturer in law designated by the Union.
(2) By order of the Minister of Justice will be appointed, and seven alternate members of the Licensing Commission pursuant to para. (1). Committee will be appointed Secretary of National Union of Executors.
(3) of Commission Regulation licensing activity approved by the Ministry of Justice in the proposals of the National Union of Executors.
Article 12. License enforcement activity judicial
(1) License bailiff activity issued by the Minister of Justice indefinitely, at the request, according to the decision of the Licensing Commission. The license is issued within 10 days of the adoption decision of the Licensing Commission. Data released on license is included in the Register of bailiffs.
(2) License bailiff activity includes:
a) name of the body that issued the license;
b) serial number and license number, date of issue;
c) name of the holder;
d) the identification code of the holder;
e) signature of the Minister of Justice, certified by the stamp.
(3) license form is a document of strict accounting.
(4) license form approved by the Ministry of Justice.
(5) License issued bailiff activity fee of 450 USD to the bank account of Ministry of Justice.
Article 13. Oath of bailiff
Upon receipt of the license, submit to the Commission bailiff licensing and Minister of Justice the following oath:
"I swear to function as bailiff in accordance with law, to respect the Constitution, to preserve confidentiality, and my work to rely on principles of professionalism and impartiality."
Article 14. Admission to the profession of executor judicial
(1) The profession of bailiff is allowed, in descending order of average people who have promoted competition and are proposed by the Licensing Commission, taking into account their territorial option.
(2) The person is invested, on request, with powers to engage in enforcement by the Minister of Justice, issued within 10 days of the filing date, if:
a) the licensed bailiff and sworn;
b) lodged with the Ministry of Justice specimen signature and seal imprint;
c) registered with the Justice Ministry's office;
d) a contract to liability insurance;
e) presented proof of payment to bank of the National Executors of compulsory initial fee in the amount established by it.
(3) conditions in para. (2). b)-e) will be fulfilled within 60 days of receiving a license for activities of a bailiff.
(4) Failure of the period referred to in paragraph unjustified. (3) lead to license revocation. In this case, the next candidate on the list of persons who have promoted competition falls under Art. 12, 13 and this Article. If the latter fails to comply with the requirements of par. (3), will announce a new competition for that vacancy.
(5) the Minister of Justice of the powers vested published in the Official Gazette of the Republic of Moldova and notify the court in whose district the bailiff has his office and the National Union of Executors.
(6) investing in the transfer bailiff powers at his request, the district court to another is the proposal of the National Union of Executors, in compliance with par. (2). a)-d)
Article 15. Register bailiffs
(1) Ministry of Justice have bailiffs Register, which is part of the State Register of legal entities.
(2) bailiffs register is kept in the state, in electronic and manual, and includes:
a) the identity of the bailiff;
b) the registered office;
c) the serial number and license number, date of issue;
d) suspension of data;
e) data on closure;
f) other data.
(3) If the register is removed from bailiffs, bailiff shall return to the interested party documents and fees paid for the procedural actions which it has undertaken.
(4) Person roll of bailiff is obliged to inform the Ministry of Justice, within 5 working days, about changes in the dates indicated in par. (2).
Article 16. Establishing the required number of bailiffs
The data included in the Register of bailiffs, Ministry of Justice, according to proposals presented by the National Union of bailiffs, establish and update annually the number of bailiffs for the area, the amount of work and number of inhabitants (based on the proportion of a unit Bailiff to 22 000 inhabitants). Number of bailiffs in the district courts is not less than 2.
Article 17. Bailiff's personal file
Bailiff's personal file kept at the Ministry of Justice. Personnel file contains: a copy of the license to work bailiff, text oath, copies of decisions issued by the Licensing and Disciplinary Board.
Chapter IV - SUSPENSION AND TERMINATION OF ACTIVITY OF BAILIFFArticle 18. Suspension of executor court.
Consequences of the suspension
(1) The bailiff shall be suspended if:
a) holding an elective office or position of secretary general of the National Executors - the term of office;
b) an application on the grounds of maternity and parental leave with the age of 3 years;
c) temporary disability lasting more than 4 consecutive months but not exceeding one year;
c1) serious violations of law - before the disciplinary sanction;
[Article 18 of. (1), lit.c1) in the wording of 15.01.12 LP5, MO46-47/07.03.12 art.138]
e) mandatory contributions to the National Union of Executors account for 3 months to maturity - up to their full pay, but not more than three months;
f) lack of liability insurance contract - for a period not exceeding three months;
g) the application by the court as a preventive measure of detention or house arrest.
(2) The bailiff whose activity has been suspended is not authorized to take official acts on behalf of another person. During the ban, the bailiff is allowed to use the title or indicate such in any activity.
(3) organization by the bailiff, during the ban, the actions referred to in para. (2) serves as grounds for license revocation.
(4) In cases covered by paragraph. (1). a), d) and g), the suspension is ordered by the minister of justice in motion or at the request of the National Union of Executors.
(5) In cases referred to in para. (1). b) and c) the suspension is ordered by the minister of justice after presentation of the National Union of Executors.
(51) In the case referred to. (1). c1), the suspension ex officio by the minister of justice.
[Article 18 of. (51) in the wording of 15.01.12 LP5, MO46-47/07.03.12 art.138]
(7) Resumption of work suspended bailiff is later than 45 days after the fall of the reasons that caused the suspension, upon request to the Minister of Justice. Within 7 days of the request, the Minister of Justice shall issue an order regarding re bailiff with powers.
(8) the Minister of Justice to suspend its activities or reinvestment bailiff with powers to be published in the Official Gazette of the Republic of Moldova and notify the court in whose district the bailiff has his office and the National Union of Executors.
(9) Order the suspension of activities may be appealed as provided by law, without requiring a preliminary procedure.
(10) If the resumption of a bailiff is not requested within the time provided in par. (7), the Minister of Justice, ex officio or at the request of the National Union of Executors license revocation.
Article 19. Cessation of bailiff
(1) The bailiff shall cease:
a) on request;
b) on reaching the age of 65 years;
c) not meeting the conditions laid down in Art. 4;
d) the license revocation;
e) on death;
f) if the inability to maintain office work;
g) if non-exercise of the profession due to illness or frequent absences.
(2) termination of the bailiff is ordered by the minister of justice from office, the bailiff's request or at the request of the National Union of Executors. Order for closure may be appealed in court without requiring a preliminary procedure.
(3) the Minister of Justice of the bailiff closure published in the Official Gazette of the Republic of Moldova and notify the court in whose district the bailiff has his office and informed the National Union of Executors.
(4) If indicated in para. (1). b) Minister of Justice may, at the request of the bailiff, extending its activities until the completion of enforcement proceedings under this order is issued on termination of work, but for a period of one year.
Article 20. Bailiff action if suspension or termination of business
In case of suspension or termination of its activities, the bailiff shall, within 10 days, seal, badge, documents for enforcement proceedings and archives, the territorial chamber of bailiffs in whose jurisdiction has its office. Territorial House will follow the work executed, will spread to other bailiffs and establish procedures completed archive storage conditions.
Chapter V - DISCIPLINARY RESPONSIBILITYArticle 21. Disciplinary
(1) The bailiff is liable for breach of his professional discipline. Disciplinary violations are considered by the Disciplinary Board.
(2) The bailiff will be liable to disciplinary action or omission contrary to the provisions laid down by law, such as:
a) breach of professional secrecy;
b) breach of incompatibilities laid down in Article 5;
b1) breach of legislation;
[Art.21 of. (2), lit.b1) in the wording of 15.01.12 LP5, MO46-47/07.03.12 art.138]
d) permanent delays and negligence in carrying out activities related to enforcement proceedings;
e) intentional refusal to perform acts of execution, which resulted in violation of the parties in the execution procedure;
f) breach of the Code of Conduct;
g) failure bailiffs decisions of professional bodies;
h) unjustified absence from the office more than two consecutive working days;
i) finding professional failure, expressed by irrevocable cancellation by court enforcement of a number representing 10% of cases of execution or performance of documents, prepared more than 20% of enforcement cases, investigated in calendar year.
(3) In case of suspension or termination of activity, remains subject bailiff regarding disciplinary actions or omissions under par. (1), committed during the act as a bailiff.
Article 22. Disciplinary
(1) The Disciplinary Board is established under the Ministry of Justice and is aimed at examining the prosecution of disciplinary cases the bailiff at the request of the Minister of Justice, the National Council of Executors, the parties in the enforcement process and the application of other people.
[Article 22 of. (1) in the wording of 15.01.12 LP5, MO46-47/07.03.12 art.138]
[Article 22 of. (2) in the wording of 15.01.12 LP5, MO46-47/07.03.12 art.138]
[Article 22 of. (3) in the wording of 15.01.12 LP5, MO46-47/07.03.12 art.138]
(5) Decisions of the Board shall be adopted in the presence of at least two thirds of the members, with their majority.
[Article 22 of. (5) in the wording of 15.01.12 LP5, MO46-47/07.03.12 art.138]
(7) Regulation of activity of the Disciplinary Board is approved by the Ministry of Justice.
Article 23. Disciplinary procedure
(1) The request for initiation of disciplinary proceedings shall be in writing, addressed to the Disciplinary Board, indicating the reasons behind them.
(2) Not later than 5 working days of the entry application will be called on its examination, which will be sent to the applicant and members of the college bailiff. Copy of the application and accompanying materials will be sent to the bailiff and members of the college at least 15 days before consideration of the case.
(3) Disciplinary Board meetings are public. Good reason, the college may order meeting to be partially or totally closed.
(4) During the examination of the breach, the presence of a bailiff is required disciplinary liable. If it is missing unduly, the Disciplinary Board may decide to examine a disciplinary offense in his absence.
(5) Board meetings, the bailiff and the applicant initiating disciplinary proceedings may be assisted by counsel.
(6) The Secretary shall provide access college bailiff and the applicants and their representatives, to all documents of the case.
(7) Board meetings may be called and questioned witnesses and experts, who are obliged to submit.
(8) Following the examination of the application of bringing disciplinary proceedings, the college delivers a decision establishes or disciplinary offense and shall, where appropriate, sanction. Subject to cancellation, the decision is pronounced in public and must be motivated.
Article 24. Disciplinary
(1) Disciplinary sanctions shall apply to the seriousness of the offense and consist of:
d) suspension of activity;
[Art.24 of. (1), d) in the wording of 15.01.12 LP5, MO46-47/07.03.12 art.138]
(2) The size of the fine provided for in paragraph. (1). c) is from 30 to 300 conventional units. It is submitted on behalf of the National Union of Executors. Failure to pay this fine within 30 days attracts the suspension of payment until the bailiff activity. The final decision of the Disciplinary Board is an enforceable document.
(3) In case of disciplinary offenses referred to in art. 21 para. (2). b1) and i), will be given disciplinary sanction imposed in this article to par. (1). d) or e).
[Art.24 of. (3) in the wording of 15.01.12 LP5, MO46-47/07.03.12 art.138]
(5) Disciplinary sanctions may be applied at latest six months after the breach finding and one year later after its commission. The time indicated does not include criminal proceedings or during the period of stay in the annual leave or sick leave. If a final judgment of a court resulting national or international commission of disciplinary offenses, disciplinary sanction shall be applied within one year from the date of the decision becoming final national or international court.
(6) If within one year from the date of application of disciplinary sanction does not commit a new offense, it is considered that the bailiff was not punished under disciplinary sanction.
(7) The act applied to disciplinary sanction may be appealed in court.
Chapter VI - BAILIFFS ACTIVITYArticle 25. Organizing bailiff
(1) The bailiff takes place in an office, they can activate one or more associated bailiffs. Bailiffs rights and obligations related to holding office shall be established by contract. Within the bureau, each bailiff operates individually and personally responsible for his work.
(2) The bailiff has its office in the district court for which the appointment, except bailiffs from Chisinau to organize their offices in the district courts of any municipality.
(3) a district judges may activate one or more offices of bailiffs.
(4) is prohibited location bailiffs office premises in court management.
(5) Office bailiff must meet all requirements allowing the business and archive storage. Requirements for the bailiff's office and the office's work program are established by the National Union of Executors.
Article 26. The local jurisdiction
(1) The bailiff can only take enforcement action in district local chamber of bailiffs in his office which is located, unless the law determines otherwise.
(2) The request for enforcement shall be submitted to the bailiff mandated by the interested party, unless the law determines otherwise.
(3) The bailiff can not refuse to accept documents by law enforcement in its territorial jurisdiction, territorial chamber set bailiffs, except as determined by law.
(4) If, in the jurisdiction of judges, bailiffs number is insufficient room territorial bailiffs temporarily extend the territorial jurisdiction of one or more district bailiffs of the same rooms in the categories of documents for the release enforcement are mandatory legal rules on territoriality.
Article 27. Bailiff and seal documents Identification
(1) The bailiff has a seal with the State Emblem, with the inscription "Republic of Moldova" and "executor", the name, the serial number of the license. Seal applies to all documents related to bailiff work, unless the law determines otherwise.
(2) The seal is manufactured as a single model approved by the Ministry of Justice.
(3) The bailiff is card and badge, which form and content approved by the National Union of Executors.
Article 28. Bank account of the bailiff
(1) The bailiff shall have the following bank accounts:
a) current account especially, which is deposited securities and the proceeds of enforcement activities and other procedural and enforcement fees and charges for the bailiff acts;
b) account to collect fees.
(2) The money in the bank account specified in par. (1). a) can not be pursued in the claims of creditors of the bailiff, and the transactions in this account can not be stopped. In case of forced liquidation of the financial institution where he has opened the bailiff account, funds from the account designated will be paid primarily to honor other classes of claims.
(3) The bailiff is the only person authorized to administer and have the special account. He may delegate proxy to another person its powers.
Article 29. Financial and accounting records
The bailiff is obliged to keep records of accounts of its activity as determined by law.
Article 30. Ensuring business risks executor judicial
(1) The bailiff is required to sign agreements on liability insurance for potential risks of working. Insurance contract to be signed by the bailiff before the commencement of work and registered with the National Union of Executors.
(2) The minimum amount insured for professional risks bailiff activity is determined by the National Union of Executors.
Article 31. Archive bailiffs
(1) Archive bailiffs is state property.
(2) The records, preparation, storage and delivery of the archive is established by a regulation, coordinated with the State Archives Service and approved by the Ministry of Justice.
Article 32. Office Support Staff bailiff
(1) For the operation of the office and activities conducted by the bailiff can be attracted professionals and auxiliary workers.
(2) The activities attracted the bailiff office must ensure the confidentiality of data related to the enforcement process, they learned. Disclosure of confidential information held liable under the law.
(3) Conditions of work and how to pay the people attracted to the bailiff office activities are established under contract with them.
Article 33. Supervision of executor judicial
(1) Supervision of bailiff activity is exercised by the Ministry of Justice and the National Executors.
[Article 33 of. (1) in the wording of the 15/1/12 LP5, MO46-47/07.03.12 art.138]
[Article 33 of. (2) in the wording of the 15/1/12 LP5, MO46-47/07.03.12 art.138]
(4) People will not give controlling procedural actions of the bailiff appreciation.
Chapter VII - INTERACTION OF BAILIFF WITH THIRD PARTIES AND PARTIES IN PROCEDURE EXECUTIONArticle 34. Interaction bailiff with applicants for services
Bailiff actions start upon request, unless the law provides otherwise.
Article 35. Procedural validity of acts and actions
If taking over enforcement proceedings by another bailiff, the bailiff acts performed before taking over full legal effect, and subsequent enforcement actions start at the act of judicial proceedings.
Article 36. Interaction bailiff the debtor and third parties
(1) The debtor is required to allow the bailiff to perform all acts required by law enforcement. During enforcement proceedings, the debtor, the bailiff's request, is obliged to declare on oath all assets, income and debts to third parties.
(2) At the request of the bailiff, who owes the debtor money or other property held subject to its criminal law are required to submit the requested information.
Article 37. Interaction bailiffs with other authorities
(1) The central government and local institutions (including financial) organizations (regardless of its ownership and legal form of organization) holding state records and information relevant to enforcement proceedings are obliged, within the one month after the request by the National Union of Executors, to conclude contracts on-line supply relevant information to identify the debtor, its assets and their whereabouts.
(2) Financial institutions are obliged to provide information requested by the bailiff, to enable verification of turnover amounts in bank accounts of the debtor, with the immediate and unconditional bank account statement.
(3) Police officers and local government are required, the first request, written or verbal, the bailiff, to ensure public order and to participate in the development of procedural measures provided for by law.
Chapter VIII - EXECUTION EXPENSESArticle 38. Executor fees for performing acts judicial enforcement proceedings and charges
(1) The bailiff is entitled to remuneration for his work and for reimbursement of expenses related to work.
(2) Fees for performing acts bailiff and enforcement proceedings charges are paid in advance, on the basis of a detailed statement prepared by the bailiff, the creditor or the person who calls these actions.
(3) to perform acts bailiff fees and expenses of the enforcement proceedings shall be deemed cost of this procedure.
(4) bailiff is entitled, upon request of the person concerned, to accept payment rescheduling fees for enforcement activities.
(5) the fees for performing acts bailiff charges and the enforcement procedure established by the Government.
Article 39. Bailiff fees
(1) The fee payable for a bailiff or partial extinguishment of the obligation set forth in the warrant. Size bailiff fee shall be determined by code enforcement.
(2) Bailiffs can negotiate with the lender advancing all or part of the fee, but are not entitled to condition the execution of documents enforceable advance payment of fee.
Chapter IX - PROFESSIONAL BODIES EXECUTORS JUDICIALArticle 40. National Union of Executors
(1) National Union of Judicial Officers Association is a non-commercial which includes all bailiffs. Union has its headquarters in Chisinau. Bailiffs are members of the National Union of Executors depending upon investiture.
(2) National Union of Executors is a legal entity and operates on the basis of status.
(3) the National Union of Executors are to:
a) surveillance activity bailiffs regarding their respective obligations and compliance with professional ethics;
b) generalize the practice of enforcement of judgments;
c) organization of competitions for admission as trainee bailiff and the bailiff profession;
d) organize training courses of bailiffs and bailiffs trainees;
e) adopt acts binding for all members of the National Union of Executors;
f) other duties prescribed by law and by statute.
(4) National Union of Executors necessarily and directly involved in issues related to regulation of bailiffs.
(5) The decisions related to enforcement activities, the Ministry of Justice seeks the views and proposals of the National Union of Executors.
(6) Executors of the National Commission shall organize licensing activity.
[Article 40 of. (6) in the wording of the 15/1/12 LP5, MO46-47/07.03.12 art.138]
(7) The management of the National Union of Executors are:
c) the President;
d) general secretary;
e) the audit commission.
Article 41. Congress
(1) The supreme body of the National Congress Executors is made up of all its members.
(2) Congress is convened in ordinary sessions at least once a year.
(3) If necessary, Congress is convened in extraordinary session:
a) Council initiative;
b) proposal of the Minister of Justice;
c) at the request of at least one fifth of the total number of members of the National Union of Executors.
(4) Congress is convened by the Council, let the bailiffs in at least one month prior to the date, time and place of meeting, agendas and reporters on being informed thereof and the Ministry of Justice. Participation in the congress is mandatory.
(5) Congress shall:
a) adoption and amendment status of the National Union of Executors;
b) elect members of Council;
c) elect the National President of the Board of Executors;
d) elect bailiffs to be appointed in the commission of Licensing and Disciplinary Board;
e) elect members of the Audit Committee;
f) approve minimum amount of liability insurance of bailiffs;
g) approves the amount of mandatory contributions to the budget bailiffs National Union of Executors;
h) approval of the tax to be paid the trainee bailiff bailiffs National Union for the internship;
i) approving the annual report of the Council, the Secretary-General and the auditing committee;
j) approval of work program and budget of the National Union of Executors for the next year;
k) adopting and amending the Code of Ethics bailiff;
l) adopting the rules of activity of local chamber of bailiffs;
n) other duties prescribed by law and by statute.
(6) Decisions shall be adopted by a majority of Congress the present.
Article 42. Council
(1) The executive body of the National Council of Executors is made up of seven members, elected for a term of four years. President of the National Union of Executors is the law and President of the Council.
(2) Board meetings are convened whenever necessary, but not less than once per quarter. Сonsiliului decisions are taken by majority vote of members present.
(3) Сonsiliul shall:
a) propose the Minister of Justice for approval required number of bailiffs and territory activity;
b) Vice-President elect from among its members;
c) assign bailiffs will ensure people who have passed the internship competition for admission to probation;
d) establish territorial constituencies rooms bailiffs;
e) submit annually to the Minister of Justice information on registration of contracts of liability insurance of bailiffs;
f) approve the personnel and staffing requirements of the contest for the National Union of Executors, their current salary;
g) approve recommendations to generalize the practice of execution;
h) provide Congress convened;
i) perform other duties stipulated by this law and statute.
Article 43. President
(1) Executors of the National President is elected by secret ballot for a term of four years. Person can be elected President who has served in the execution of at least five years. A bailiff can not be elected president more than two consecutive terms.
(2) President of the National Union of Judicial Officers shall:
a) is the National Union of Executors in relation to natural and legal persons in the country and abroad;
b) preside over meetings of the Council;
c) sign the acts of the Council;
d) monitor the relations between the National Executors and local chambers of bailiffs and territorial relations between the chambers of bailiffs;
e) support the territorial chambers of bailiffs in their relations with central and local authorities;
f) perform other duties stipulated by this law and statute.
(3) In the absence of the President of the National Union of Executors, its functions are exercised by the deputy.
Article 44. Secretary General
(1) The financial and economic administrative organization of the National Executors shall ensure by the Secretary General.
(2) The Secretary General is employed by the Council, on a competitive basis, for a period of five years, which may be extended once.
(3) can be employed as secretary general economic or person with legal background studies and experience in business at least five years.
(4) The Secretary General shall:
a) responsible for financial and economic management of the National Executors;
b) agreements and contracts on behalf of the National Union of Executors;
c) manages the budget of the National Union of Executors;
d) organize the development, funding and submission to Congress of the annual budget of the National Union of Executors;
e) submit to Congress annual budget report on implementation of the National Union of Executors;
f) attend meetings of Congress and of the Council without voting rights;
g) Prepares drafts and working agenda of the congress and the Council after consulting with the last;
h) employ personnel of the National Executors and leads its work;
i) organized keeping all buildings owned or administration of the National Union of Judicial Officers, other property under its management;
j) exercise other powers in congressional indication of the Council.
(5) general secretary is paid. Amount of remuneration is determined by the Council.
(6) During the mandate, the Secretary General is not entitled to cumulate other remunerated functions or activities, except teaching, scientific and creative.
Article 45. Audit Committee
(1) The Audit Committee is composed of three members, elected for a term of two years. Member of the Audit Committee may not be a member of other collegial bodies of the National Union of Executors.
(2) The Audit Committee is established to verify the economic and financial activities of the National Executors. Ordinary control is performed once a year. If necessary, control can be performed at the request of one fifth of the membership or request bailiffs President National Union of Executors.
(3) review by the auditing committee finalized the preparation of an act that will reflect the period tested, the correlation with the budget expenditure, expenditure merits, conclusions and recommendations of the Commission. Act is signed by all members of the Audit Committee. Member of the Audit Committee may express dissenting opinion, which is attached to act.
(4) Act of the Audit Committee shall be notified to Congress.
Article 46. Material support of the National Executors of
National Union of Judicial Officers working in the resources accumulated from:
a) mandatory contributions paid by bailiffs;
b) amounts paid as fines and fees under this Act;
c) other sources not prohibited by law.
Article 47. Territorial Chamber of bailiffs
(1) Chamber of bailiffs operating in the territorial jurisdiction established by the National Union of Executors. In Moldova's territorial rooms are three bailiffs.
(2) The territorial composition of bailiffs room are all executors who have their office in that district.
Article 48. Territorial camera enforcement powers court
Territorial Chamber of bailiffs shall:
a) carry out the decisions of the National Union of Executors;
b) prepare, amend and publish a list of bailiffs members of the Board;
c) determine the territorial constituency of bailiffs in the court documents regarding the categories of execution, for which enforcement is imperative legal rules on territoriality;
d) examine and inform the National Union of Executors complaints about the professional ethics of bailiffs;
e) inform the National Union of Executors of business offices bailiffs and bailiffs necessary;
f) in case of suspension or termination of bailiff activity, providing relaying the archive and enforcement proceedings held by him;
g) exercise other powers under this law and business regulation.
Chapter X - FINAL AND TRANSITIONALArticle 49
(1) Persons working at the entry into force of this Law as director, deputy director, officer and employee of the Department of Civil and administrative enforcement of documents, Legal Service, the head (deputy head) of the office of enforcement, employee of the Office civil enforcement section of the Enforcement Department and meet the requirements of Art. Article 4. (1). a)-c) and e)-f) (except those holding temporary positions) shall be issued upon request licenses for activities in the locality bailiffs acting upon entry into force of this law, without supports competition.
(2) The application referred to in paragraph. (1) is addressed to the Minister of Justice and submitted by the Enforcement Department within 15 days of entry into force of this law.
(3) Within 15 days after the deadline for filing the application referred to in para. (1), the Minister of Justice issued license bailiff activity.
(4) Employees of the Department of the central executive and heads of enforcement offices vested with powers to bailiff activity may continue their activity until the closure of the institutions mentioned.
(5) Number inaugurate bailiffs will not be increased for at least 3 years after entry into force of this law.
(6) The conditions referred to in art. Article 14. (2). b)-d) to be met within 30 days of receiving bailiffs license under this article.
(7) Prior to the appointment, bailiffs received a license under par. (1) shall continue to exercise powers of enforcement offices functioning within the Department of Enforcement.
Department of Execution:
a) implementing procedures to organize and transmission of funds from deposit account of the execution offices inaugurate bailiffs;
b) exercise the functions of the National Union of Executors until its creation;
c) will hold open a temporary account to store money for the National Union of Judicial Officers, under this law, and adopt a temporary regulation to use these means until the establishment of the National Union of Executors;
d) will convene the first congress of bailiffs in the appointment of at least one third of the number of bailiffs, but not later than two months from the date of entry into force of this Act;
e) to ensure delivery in accordance with labor legislation, persons specified in Art. 49, no license required under this law.
Ministry of Justice:
a) ensure the closure of sections of the civil enforcement offices depending on the extent of investment in half the number of bailiffs for the district once established;
b) Provide professional and managerial training of persons who received initial license bailiff activity;
c) establish, in coordination with the Department of Enforcement, the use of material resources in the administration of this department;
d) provide closure Enforcement Department prior to the date of September 15, 2010, but not before the date of adoption of the legislation governing procedural activities of bailiffs.
(1) archive sections of the civil enforcement offices at the time of their closure will be sent bailiffs inaugurate.
(2) Department of Enforcement, in coordination with the Ministry of Justice, shall establish procedures and conditions for transmission referred to in paragraph archive. (1).
When taking enforcement proceedings from the offices of the Department of Execution execution, the bailiff will continue to undertake any necessary enforcement action. Enforcement provisions by the previous bailiff legal effects for newly appointed bailiff, it is not responsible for any damage caused or likely to be caused in the future as a result of the previous bailiff activity.
(1) The present law is not bailiffs continue their execution in the offices of the Department of Enforcement, their activity is regulated by the Code of Execution of Moldova no. 443-XV of 24 December 2004 and Law no. 204-XVI from July 6, 2006 on the enforcement system.
(2) If the same borrower are brought more enforcement procedures, including at least one thing is a bailiff of the offices specified in par. (1), these procedures will be taken by the bailiff invested under this law, at a later stage of the enforcement proceedings or the first spot.
(3) Until the establishment of the National Union of Executors, compulsory initial fee will be 150 conventional units (conventional unit being equivalent to 20 million) and will be paid by the persons mentioned in art. 49 paragraph. (1) with the license application.
(1) Within two months from the date of publication of this law the government:
a) Submit proposals on bringing the legislation in force in accordance with this Law;
b) adopt necessary regulations to implement this Law;
c) create a division within the Justice Ministry to coordinate activities of bailiffs.
(2) Within two months from the date of publication of this law, the Justice Ministry will develop and approve normative acts for the organization and functioning of enforcement.