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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 11, 2019 No. 618

About approval of Regulations about the procedure of execution of the monetary claims based on regulations of the public law

Based on articles 175-178 of the Administrative code of the Republic of Moldova No. 116/2018 (The official monitor of the Republic of Moldova, 2018, Art. No. 309-320, 466) DECIDES: the Government

1. Approve Regulations about the procedure of execution of the monetary claims based on regulations of the public law it (is applied).

2. This resolution becomes effective from the date of publication.

Prime Minister

Ion Kiku

 

Countersigns:

Deputy Prime Minister, Minister of Finance 

 

Sergey Pushkutsa

Approved by the Order of the Government of the Republic of Moldova of December 11, 2019, No. 618

Regulations about the procedure of execution of the monetary claims based on regulations of the public law

1. These Regulations establish the procedure of execution of the monetary claims based on regulations of the public law.

2. Execution of the monetary claims based on regulations of the public law is initiated in case of presentation of the warrant for execution.

3. Body of the public power, competent to declare the requirement which is subject to execution, publishes for executive body (State Tax Administration) the warrant for execution, according to appendix No. 1 to these Regulations.

4. Presentation of the warrant for execution and the related documents (the administrative act / the administrative agreement, the prevention of the debtor, assurance of receipt of the prevention by the debtor) is performed electronically, signed by the digital signature if the following conditions are cumulatively satisfied:

1) is available the individual administrative act which obliges the debtor to fulfill monetary commitment, or the administrative agreement obliging to accomplishment of the monetary commitment which is subject to immediate execution;

2) completion date of the obligation expired;

3) the debtor, after completion date, is warned about need of accomplishment of monetary commitment within one week and there is confirmation that the debtor received the prevention. The prevention is submitted in the form specified in appendix No. 2 to these Regulations.

5. The procedure of the prevention is optional if there is reasonable suspicion that the debtor will evade from execution. In this case body of the public power, competent to declare the requirement which is subject to execution, shall provide along with the warrant for execution the argumentation in which the reasons which formed the basis for refusal of the procedure of the prevention and specifying suspicion that the debtor will evade from execution will be specified.

6. In case of discrepancy of the warrant for execution to the established requirements and failure to provide all documents confirming accomplishment of the conditions specified in Items 3-5, it shall be returned to body of the public power which issued it, within 7 working days from the date of receipt.

7. If the legal entity of the public law acts as the debtor, execution of monetary claims is allowed only in case of observance of the following conditions:

1) prior to execution the State Tax Administration as executive body represents to the Minister of Finance or person authorized by it the list of objects of property of the debtor – the legal entity of the public law;

2) execution addresses only on those objects of property on which the consent of the Minister of Finance or person authorized by it is received.

8. The Minister of Finance or person authorized by him shall not allow the address of forced execution on objects of property of the debtor if it threatens implementation of public powers of the debtor or supply of the population.

9. In case of presentation of the warrant for execution of monetary commitment of the debtor of the legal entity of the public law the State Tax Administration within 30 working days informs the Minister of Finance or person authorized by it on need of execution of monetary claim of the debtor of the legal entity of the public law, with submission of the list of objects of property, for the purpose of receipt of consent on what objects of property forced execution can be begun.

10. After receipt of the answer from the Ministry of Finance requested according to Item 9 and provided within 10 working days from the date of receipt of information, the State Tax Administration initiates the procedure of recovery by enforcement of monetary claims.

11. Execution of monetary claims is performed by the State Tax Administration according to provisions of Chapter 9 of the Section V of the Tax code 1163/2018, which is applied in addition to provisions of the Administrative code of the Republic of Moldova No. 116/2018.

12. Conditions for forced execution of monetary claims based on the warrant for execution:

1) availability of the right which is subject to execution according to the individual administrative act or the administrative agreement;

2) expiration of voluntary execution of monetary commitment;

3) lack of suspension of execution of the administrative act;

4) the prevention of the debtor after completion date of the obligation about need of execution of monetary commitment within one week if there are no reasonable suspicions that the debtor will evade from execution.

13. If the individual administrative act obliging the debtor to fulfill monetary claim, or the administrative agreement which was carried out, suspended execution stops only based on determination about suspension of execution of the individual administrative act to the dispute resolution or on other bases established by the law.

14. In case of availability of other prohibitions / confiscations / encumbrances on the property turned based on these Regulations, provisions of articles 92 and 101 of the Executive code of the Republic of Moldova No. 443/2004 are applied.

15. If after sight warrants for execution the amount of total or partial debt was voluntarily extinguished by the debtor or otherwise, the established law, or execution of the administrative act was suspended, the body of the public power immediately informs on it the State Tax Administration and withdraws the warrant for execution or updates information on the amount of monetary claim.

16. From the moment of forced execution receivables are enlisted into the single treasurer account of the Ministry of Finance (sub-account 518170). The amounts registered on the single treasurer account of the Ministry of Finance as a result of forced execution of monetary claims according to warrants for execution, are distributed by the State Tax Administration in the relevant budgets (accounts) based on warrants for execution and performed by the State Treasury according to the procedure, established by the Ministry of Finance.

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