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 either economic, nor 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 l) parts (2) Article 24.

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 Romanian;

f) has faultless reputation;

g) passed examination 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 is condemned for intentional heavy, especially heavy, extremely serious crimes even if the criminal record is extinguished, or has criminal record for making of other crimes or the prohibitions applied in connection with their making;

b) which left judgeship, the prosecutor, the notary, the authorized managing director, the legal adviser, the government employee or other bodies of the area of the right under unseemly circumstances;

c) which behavior and activities are incompatible with ethical standards 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.

(The Legal executive has no right to draw up 2) statements and to behave enforcement proceeding concerning the most, spouse, the relatives to the second degree of relationship inclusive, the cousins-in-laws to the second degree of relationship inclusive, persons which are under its guardianship / guardianship or under guardianship/guardianship of his spouse concerning the worker, the judicial contractor trainee going training to its bureau or to bureau of the legal executive into which he is merged, and also concerning the legal entity in whom it, to his spouse or his relatives to the second degree of relationship inclusive possesses more than ten percent of the authorized capital.

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

(4) If the legal executive did not eliminate incompatibility situation in the conditions established by part (3), 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) the Criminal prosecution authority shall inform no later than 48 hours the Ministry of Justice and National union of legal executives on application concerning the legal executive of measure of restraint in the form of arrest or house arrest, on its announcement in search, and also on withdrawal of the documents and property relating to enforcement proceeding.

(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) Access for persons with weapon to premises of bureau of the legal executive or to the place of making of executive actions is prohibited, except persons carrying arms on duty.

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;

n) use in case of execution of the powers of means audio-, photo and/or videos;

o) perform compensation of debts by mutual consent and accept registered amounts;

p) render services in the organization of sale of property;

q) issue copies of acts of enforcement proceeding to the third parties who are not involved in enforcement proceeding only in the procedure provided by the law and based on the written application;

r) receive according to the law the royalties, charges for the committed acts and costs connected with enforcement proceeding;

s) conduct negotiations with the claimant on conditions and payment due date of the fee;

t) use annual leave;

u) use state social and provision of pensions based on fees of the national social insurance;

v) perform other rights established by the law.

Article 8. Obligations of the legal executive

The legal executive shall:

a) play active role throughout all process of enforcement proceeding, making efforts for realization by legal means of the obligation provided by the executive document and observing the rights of the parties of production and other interested persons;

b) adopt all statements for execution of the executive documents which are within its territorial competence according to the law;

c) provide to the parties of enforcement proceeding and their representatives opportunity to get acquainted with enforcement proceeding materials;

d) consider the applications of the parties relating to enforcement proceeding, explain method and terms of appeal of executive acts;

e) keep trade, tax and bank secret, not discover information and the facts which became known to it during enforcement proceeding;

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