LAW OF THE REPUBLIC OF MOLDOVA

of June 17, 2010 No. 113

About legal executives

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Sphere of regulation

(1) This law establishes the status, tasks and responsibility of legal executives, procedure for their professional organization and self-government, and also their relation with bodies of the public power and the public or private organizations.

(2) This law extends to the legal executives making legal proceedings for the purpose of execution of executive documents according to provisions of the Executive code, Code of civil procedure and others legislative and regulations and also to the bodies of the public power and the organization involved in activities of the legal executive.

Article 2. Activities of the legal executive

(1) Legal executive is the physical person authorized by the state to perform the activities in public concerns provided by this law and other laws. In case of execution of the service duties the legal executive is the representative of the government. Only the licensed legal executive given authority according to this law can perform forced execution.

(2) Activities of the legal executive are not business activity.

(3) Activities of the legal executive are performed according to the law with observance of the rights and legitimate interests of the parties of enforcement proceeding and other interested persons irrespective of race, nationality, ethnic origin, language, religion, floor, political affiliation, property status, social origin or any other criterion.

(4) the Legal executive cannot refuse performed by the act which is within its competence except as the cases provided by the law and on the conditions provided by the law.

Article 3. Act of the legal executive

(1) the Statement which is drawn up by the legal executive within the warrants of law is the procedural act of the public power, has evidential force, it is supposed legal and in case of its creation within enforcement proceeding it can be disputed according to the procedure, provided by the Executive code.

(2) Cancellation of the act of the legal executive can form the basis for initiation of the procedure of involvement of the legal executive to disciplinary responsibility only according to Item i) parts (2) Article 21.

Chapter II. Legal executive

Article 4. Right to implementation of activities of the legal executive

(1) person, which can be the Legal executive:

a) is citizen of the Republic of Moldova;

b) it is not protected by judicial measure of protection in the form of guardianship;

c) has the diploma of the licentiate of the right;

d) passed training according to the procedure, provided by this law;

e) knows state language;

f) has faultless reputation;

g) sustained tender on the admission to profession of the legal executive;

h) did not reach age limit – 65 years;

i) according to medical requirements suitable for holding the post.

(2) it is not considered having faultless reputation person:

a) which was earlier condemned for crime execution and has unspent conviction;

b) which was dismissed on the compromising bases from law enforcement agencies or exempted on the same bases from judgeship, the notary, the lawyer, the legal adviser or the government employee;

c) which behavior and activities are incompatible with deontological regulations of the legal executive;

d) which was deprived of the license on the compromising bases earlier.

Article 5. Incompatibility of activities

(1) Implementation of activities of the legal executive is incompatible with paid activities within other professions, except for teaching, scientific and creative activities, and also activities in professional bodies, activities of mediator or the arbitrator.

(2) the incompatibility Situation provided by part (1), it shall be stopped within a month from the moment of its origin.

(3) If the legal executive did not eliminate incompatibility situation in the conditions established by part (2), its activities as the contractor stop.

Article 6. Independence of the legal executive

(1) the Legal executive is independent when implementing the activities and submits only to the law.

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

(3) the Legal executive who is on duty cannot be detained, subjected to search and the documents and property connected with enforcement proceeding, except as specified making of obvious crime cannot be withdrawn from it.

(4) in case of detention of the legal executive or the beginning concerning it criminal prosecution the body which took these measures shall inform on it the Ministry of Justice and National union of legal executives within six hours.

(5) Withdrawal at the legal executive of the documents and property relating to enforcement proceeding is performed only with the permission of the judge on criminal prosecution.

(6) Voided according to the Law of the Republic of Moldova of 01.07.2016 No. 152

Article 7. Rights of the legal executive

The legal executive has the right:

a) issue procedural acts within the powers;

b) call the debtor and other participants of enforcement proceeding in the bureau and in the place of making of executive acts;

c) report court and extrajudicial resolutions at the request of interested persons;

d) request and to receive free of charge on paper and in real time from the central and local authorities of public management, organizations (including financial) and other organizations (irrespective of type of property and form of business) which are holders of the state registers and data relating to enforcement proceeding, the necessary information promoting identification of the debtor, its property and their location if it has no access to the information system containing this information. Specifications of access to the specified information are regulated by the agreements signed between National union of legal executives and the holder of information;

e) inform competent authorities and persons the non-obedience facts to legal requirements of the legal executive;

f) make legal requirements to physical persons and legal entities, the parties of enforcement proceeding for the purpose of making of certain executive actions;

g) enter with the consent of the debtor or adult members of his family (and in case of lack of consent - with the assistance of law enforcement agencies) the rooms and warehouses belonging to the debtor and being in its use and to make their survey;

h) charge at the request of the claimant the percent, penalty fee and other payments following from delay of accomplishment of the obligation provided by the executive document;

i) give help to the parties of enforcement proceeding and other persons with explanation of legal effects of procedural acts;

j) perform conciliation of the parties at pre-judicial stage and within enforcement proceeding;

k) state the actual situations at the request of the interested person; at the same time the stating act has evidential force;

l) impose arrest property, withdraw, warehouse, manage, sell property which it is seized in the course of enforcement proceeding, and also to perform these actions concerning pledged property;

m) apply providing measures in real time;

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