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CODE OF CIVIL PROCEDURE OF THE REPUBLIC OF MOLDOVA

of May 30, 2003 No. 225-XV

(The last edition from 15-11-2018)

The parliament accepts this code.

Section I General provisions

Chapter I Basic provisions

Article 1. The relations regulated by the legislation on civil legal proceedings

The legislation on civil legal proceedings of the Republic of Moldova governs the public relations connected with the civil and procedural relations arising in case of administration of law of the general jurisdiction by degrees of jurisdiction by the hearing of cases of claim production and another matters carried to their competence by this code and other laws.

Article 2. Legislation on civil legal proceedings

(1) the Procedure for consideration of civil cases in degrees of jurisdiction of the general jurisdiction is determined by the Constitution of the Republic of Moldova, resolutions and decisions of the European Court of Human Rights and resolutions of the Constitutional court, this code and other organic laws. The regulations of law of civil procedure containing in other laws shall correspond to basic provisions of the Constitution of the Republic of Moldova and this code.

(2) in case of availability of contradictions between regulations of this Code and provisions of the Constitution of the Republic of Moldova Constitution provisions are applied, and in case of disagreements between regulations of this Code and regulations of other organic law provisions of the law adopted later are applied.

(3) In case the international treaty, one of the parties of which is the Republic of Moldova, other regulations are established, than those which are provided by the civil procedural legislation of the Republic of Moldova are applied regulations of the international treaty if does not follow from the international treaty that its application requires adoption of the national law.

(4) the Legislation on civil legal proceedings establishes procedure for hearing of cases of claim production, following from civil, family, employment, housing, land, ecological and other legal relationship, cases of special proceeding and the mandative (simplified) production, and also cases arising in connection with execution of court resolutions and acts of other bodies.

Article 3. Operation of the civil procedural law in time

(1) Degrees of jurisdiction apply the civil procedural laws existing during consideration of civil case, making of legal proceedings or execution of court resolutions (decisions, determinations, resolutions) and also acts of other bodies in the cases provided by the law.

(2) the New procedural law does not attract change of the legal consequences which are already realized owing to application of the law declared invalid and does not cancel them. From the date of entry into force of the new procedural law earlier adopted law voids if the new law does not provide other.

(3) the Civil procedural law establishing new obligations, canceling or narrowing procedural law of participants of process, limiting use of some rights or establishing new or additional procedural sanctions has no retroactive force.

Article 4. Tasks of civil legal proceedings

Tasks of civil legal proceedings are the correct, performed in reasonable time consideration of civil cases for the purpose of protection of the violated or challenged rights, freedoms and legitimate interests of physical persons and legal entities and their associations, bodies of the public power, other persons which are subjects of civil, family, employment and other legal relationship and also protection of interests of the state and society, assistance to strengthening of legality, law and order, the prevention of cases of violation of the law.

Article 5. Open entry to justice

(1) Any interested person has the right to address in the procedure established by the law to degree of jurisdiction behind protection of the violated or challenged rights, freedoms and legitimate interests.

(2) to Any person it cannot be refused judicial protection based on lack of the legislation, imperfection, discrepancy or ambiguity of the current legislation.

(3) the Refusal of one of the parties of the right of appeal to the court by pre-trial detention of the agreement has no legal consequences, except as specified the conclusions according to the law of the arbitral agreement.

Article 6. Methods of protection of the rights, freedoms and legitimate interests

The degree of jurisdiction performs protection of the rights, freedoms and legitimate interests by award in discharge of duty, legal relationship recognitions existing or nonexistent, the factual determination having legal value, applications of other methods of protection provided by the law.

Article 7. Excitement of civil case

(1) the Degree of jurisdiction initiates civil case according to the statement of person requiring protection of the violated or challenged right, freedom or legitimate interest.

(2) In the cases provided by this code, and also other laws, the civil case can be initiated on behalf of persons authorized by the law to speak out in defense of the rights, freedoms and legitimate interests of other person, uncertain group of people or in protection of interests of the Republic of Moldova and society.

(3) In case of initiation of proceedings, the disputes on the right (claim production) connected with consideration, actions for declaration are submitted, and for not claim production applications are submitted.

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