of September 23, 2010 No. 886
About approval of the Regulations on procedure for determination of the amount of charges for making of acts of the legal executive and costs of enforcement proceeding
According to part (5) article 38 of the Law No. 113 of June 17, 2010 on legal executives (The official monitor of the Republic of Moldova, 2010, N 126-128, Art. 406) DECIDES: the Government
1. Approve Regulations on procedure for determination of the amount of charges for making of acts of the legal executive and costs of enforcement proceeding it (is applied).
2. The amount of charges for making of acts of the legal executive and costs of enforcement proceeding, since 2012, will be annually given, till February 15 according to inflation indicators for last year.
Minister of Justice
To Alexander Tenase
Approved by the Order of the Government of September 23, 2010 No. 886
1. The regulations on procedure for determination of the amount of charges for making of acts of the legal executive and costs of enforcement proceeding (further - the Provision) establish the procedure of determination of the amount of charges for making of acts of the legal executive and costs of enforcement proceeding and procedure for their collection.
2. The acts made by the legal executive both within enforcement proceeding and out of it, are paid in the amount of, established by this Provision.
3. Charges for making of acts of the legal executive and costs of enforcement proceeding are compensated to the legal executive in full.
4. The legal executive has no right to require for committed acts payment more established in this Provision.
5. The legal executive shall:
1) to record all the money received and/or paid based on the this provision provisions;
To provide 2) at the request of the parties of enforcement proceeding the detailed report about enforcement proceeding cost;
To expose 3) in the bureau, in a visible place, information on the amount of the payments established by this Provision.
6. The legal executive has the right:
To keep 1) before complete payment of charges for making of acts of the legal executive and costs of enforcement proceeding all materials of executive case and other documents which are at its disposal. If representatives, including legal representatives of the parties, have legitimate and motivated interests, persons authorized by the law functions of check of activities of legal executives can get acquainted with materials of executive case without their transfer;
2) to charge percent for payment delay of charges for making of acts of the legal executive and costs of enforcement proceeding in the amount of, specified by the Civil code, since 15th day from the moment of the direction of the written notice of the amount of payments for already performed operations.
7. Charges for the making of acts of the legal executive and costs of enforcement proceeding established by this Provision are applied equally to claimants, as well as to claimants third parties who joined enforcement proceeding.
8. Reasons for actions for which accomplishment were collected charges for making of acts of the legal executive (are advanced), it is carried out by means of the statements which are drawn up in the conditions of the law by the legal executive on the corresponding actions, and in case of enforcement proceeding costs - payment confirmation of services.
9. The amount of charges for making of acts of the legal executive and costs of enforcement proceeding is determined in conventional units. One conventional unit is equal to 20 lei.
10. For making of acts of the legal executive charges are levied:
1) for administration of executive cases and management of documents;
2) for the legal proceedings taken by the legal executive;
3) for the services provided by legal executives.
11. For administration of executive cases and management of documents charges in the following sizes are levied:
1) for excitement and creation of executive case - 1 conventional unit;
2) for archiving of executive case - 3 conventional units;
3) for issue in time no more than 3 working days of references, confirmations, written information on actions for forced execution taken by the legal executive - 1 conventional unit for one document;
4) for creation of the pay-sheet about charges for making of acts by the legal executive and costs executive proizvodstva1 conventional unit for one enforcement proceeding;
5) for creation of determination about distribution of the amounts received as a result of execution - 10 conventional units;
6) for issue of the verified copy of enforcement proceeding - 1 conventional unit. The additional charge in the amount of 1 conventional unit will be applied to the enforcement proceedings transferred to archive. In case issue of the copy of executive case is requested at the initiative of degree of jurisdiction, these expenses are subject to collection according to provisions of Article 94 of the Code of civil procedure, agrees attached by the legal executive to the copy of case of the pay-sheet on collection collection. In case the request for extradition of the copy of executive case was made at the initiative of law enforcement agency, this fee will be paid by person who addressed to relevant organ.
12. For the legal proceedings taken by the legal executive charges in the following sizes are levied:
1) for creation and issue or sending on paper or in electronic version of petitions, determinations, orders or information to holders of the state registers, banks, the employer of the debtor, the third parties or other bodies, inclusive and in implementation process of personal estate - 0,25 of conventional unit for each document. This collection is not paid in case of exchange of information between legal executives. In case financial institutions or independent registrars appear as the addressee, 1 conventional unit, irrespective of number of the sent documents is paid;
2) for creation of the protocol on arrest - 0,5 of conventional unit, and for preparation and carrying out inventory count of property of the debtor who is subject to arrest - 5 conventional units for each working hours;
3) for appointment (replacement, in case of availability of legal causes) the managing director of property or person to whom the property - 2 conventional units is transferred to storage. In case throughout execution the claimant asks more than two times replacement of the managing director, collection for the subsequent replacements to it will not be returned;
4) for cession of property on realization based on the commission agreement, inclusive creation of the commission agreement - 15 conventional units;
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