Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

EXECUTIVE CODE OF THE REPUBLIC OF MOLDOVA

of December 24, 2004 No. 443-XV

(The last edition from 15-11-2018)

The parliament accepts this code.

Book the first

Execution of solutions of civil nature

Section I General provisions

Chapter I Basic principles

Article 1. Task and purpose of enforcement proceeding

(1) the Task of enforcement proceeding is assistance of realization of the rights of the claimants recognized by the executive document shown to execution in the procedure established by the law.

(2) For the purpose of accomplishment by the provided part (1) tasks the legislation on enforcement proceeding establishes competence of the legal executive, procedure and conditions of forced execution of executive documents.

Article 2. Principle of legality

The legal executive provides forced execution of executive documents in strict accordance with this code and other regulations.

Article 3. Principle of equality

The procedure and conditions of reduction of executive documents in execution extend to official and physical persons irrespective of race, nationality, ethnic origin, language, religion, floor, views, political affiliation, property status or social origin, and also legal entities irrespective of type of property and form of business.

Article 4. Principle of dispositivity

(1) the Claimant has the right to demand forced execution of executive documents, and also to refuse the begun execution or to delay the beginning of forced execution within fixed term of prescription.

(2) the Parties of enforcement proceeding (the claimant and the debtor) can carry out the executive document by the conclusion of the voluntary settlement according to this code.

Article 5. Principle of humanity

The procedure and conditions of reduction of executive documents in execution are established on the basis of human rights principle and cannot aim at causing physical and moral sufferings or material damage.

Article 6. Enforcement proceeding language

(1) the Enforcement proceeding is performed in state language.

(2) If participants of enforcement proceeding do not know state language, they have the right to get acquainted with documents of enforcement proceeding and to express by means of the translator.

Article 7. Independence of the legal executive

(1) In case of execution of executive documents the legal executive is independent and submits only to the law.

(2) Any intervention in activities for execution of executive documents is inadmissible and attracts the responsibility provided by the law.

Article 8. Obligation of requirements of the legal executive

(1) Requirements of the legal executive imposed according to the procedure, established by this code and other regulations, are obligatory for all bodies of the public power, legal, official and physical persons.

(2) the Persons who are not fulfilling requirements of the legal executive or interfering their accomplishment bear the responsibility provided by the law.

Article 9. Appeal of acts of the legal executive

Participants of enforcement proceeding and other interested persons, it is right or the interests of which protected by the law are violated by any executive act, can appeal this act according to the law.

Section II Forced execution of executive documents

Chapter II General provisions

Article 10. Forced execution

(1) Forced execution is set of the measures provided by this code by means of which the claimant realizes through the legal executive through authorized state bodies the rights recognized by the executive document if the debtor voluntarily does not fulfill the obligations.

(2) Forced execution begins with the address to the legal executive according to the law and is made in any form provided by this code, at the same time or serially, to complete satisfaction of the right recognized by the executive document, interest payment, penalty fee or other amounts awarded according to the law and also expenses on execution.

(3) Forced execution is performed based on writ of execution or other document which is executive according to this code.

Article 11. Executive documents

Treat executive documents and are performed according to provisions of this Code:

a) the writs of execution issued by degree of jurisdiction according to the law;

b) the decisions passed by degrees of jurisdiction on administrative cases, determinations, orders of degrees of jurisdiction if the law does not provide other;

c) decisions (determination) on cases on offenses including which are taken out by the stating subjects according to the competence established by the law, writs of execution on criminal cases and sentences on criminal cases regarding recovery of penalty and also the civil action;

-1) about the determinations of the judge on criminal prosecution obliging to making of the certain actions connected with transfer/transfer / return of property;

d) resolutions on release from criminal liability with accountability for offense in the form of penalty;

e) the writs of execution issued based on arbitral decisions;

f) the writs of execution issued based on decisions of foreign degrees of jurisdiction and foreign arbitral decisions, recognized and permitted to execution in the territory of the Republic of Moldova;

g) solutions of the Constitutional court on imposing of penalty;

h) determinations of the legal executive, protocols of the legal executive by which conditions of the voluntary settlement of the parties according to Article 62 of this Code are fixed;

i) decisions of Disciplinary board of National union of legal executives and Disciplinary board of the Union of lawyers about imposing of disciplinary sanctions of cash nature;

j) resolutions (decision) on application of sanctions accepted by bodies of the public power and/or other bodies, the functions of regulation and control equipped according to the law;

Full text available with active License only!

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 38000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.