Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

CODE OF CIVIL PROCEDURE OF THE REPUBLIC OF MOLDOVA

of May 30, 2003 No. 225-XV

(as amended on 09-07-2020)

The parliament accepts this code.

Section I General provisions

Chapter I Basic provisions

Article 1. The relations regulated by the legislation on civil legal proceedings

The legislation on civil legal proceedings of the Republic of Moldova governs the public relations connected with the civil and procedural relations arising in case of administration of law of the general jurisdiction by degrees of jurisdiction by the hearing of cases of claim production and another matters carried to their competence by this code and other laws.

Article 2. Legislation on civil legal proceedings

(1) the Procedure for consideration of civil cases in degrees of jurisdiction of the general jurisdiction is determined by the Constitution of the Republic of Moldova, resolutions and decisions of the European Court of Human Rights and resolutions of the Constitutional court, this code and other organic laws. The regulations of law of civil procedure containing in other laws shall correspond to basic provisions of the Constitution of the Republic of Moldova and this code.

(2) in case of availability of contradictions between regulations of this Code and provisions of the Constitution of the Republic of Moldova Constitution provisions are applied, and in case of disagreements between regulations of this Code and regulations of other organic law provisions of the law adopted later are applied.

(3) In case the international treaty, one of the parties of which is the Republic of Moldova, other regulations are established, than those which are provided by the civil procedural legislation of the Republic of Moldova are applied regulations of the international treaty if does not follow from the international treaty that its application requires adoption of the national law.

(4) the Legislation on civil legal proceedings establishes procedure for hearing of cases of claim production, following from civil, family, employment, housing, land, ecological and other legal relationship, cases of special proceeding and the mandative (simplified) production, and also cases arising in connection with execution of court resolutions and acts of other bodies.

Article 3. Operation of the civil procedural law in time

(1) Degrees of jurisdiction apply the civil procedural laws existing during consideration of civil case, making of legal proceedings or execution of court resolutions (decisions, determinations, resolutions) and also acts of other bodies in the cases provided by the law.

(2) the New procedural law does not attract change of the legal consequences which are already realized owing to application of the law declared invalid and does not cancel them. From the date of entry into force of the new procedural law earlier adopted law voids if the new law does not provide other.

(3) the Civil procedural law establishing new obligations, canceling or narrowing procedural law of participants of process, limiting use of some rights or establishing new or additional procedural sanctions has no retroactive force.

Article 4. Tasks of civil legal proceedings

Tasks of civil legal proceedings are the correct, performed in reasonable time consideration of civil cases for the purpose of protection of the violated or challenged rights, freedoms and legitimate interests of physical persons and legal entities and their associations, bodies of the public power, other persons which are subjects of civil, family, employment and other legal relationship and also protection of interests of the state and society, assistance to strengthening of legality, law and order, the prevention of cases of violation of the law.

Article 5. Open entry to justice

(1) Any interested person has the right to address in the procedure established by the law to degree of jurisdiction behind protection of the violated or challenged rights, freedoms and legitimate interests.

(2) to Any person it cannot be refused judicial protection based on lack of the legislation, imperfection, discrepancy or ambiguity of the current legislation.

(3) the Refusal of one of the parties of the right of appeal to the court by pre-trial detention of the agreement has no legal consequences, except as specified the conclusions according to the law of the arbitral agreement.

Article 6. Methods of protection of the rights, freedoms and legitimate interests

The degree of jurisdiction performs protection of the rights, freedoms and legitimate interests by award in discharge of duty, legal relationship recognitions existing or nonexistent, the factual determination having legal value, applications of other methods of protection provided by the law.

Article 7. Excitement of civil case

(1) the Degree of jurisdiction initiates civil case according to the statement of person requiring protection of the violated or challenged right, freedom or legitimate interest.

(2) In the cases provided by this code, and also other laws, the civil case can be initiated on behalf of persons authorized by the law to speak out in defense of the rights, freedoms and legitimate interests of other person, uncertain group of people or in protection of interests of the Republic of Moldova and society.

(3) In case of initiation of proceedings, the disputes on the right (claim production) connected with consideration, actions for declaration are submitted, and for not claim production applications are submitted.

Article 8. Right to legal aid

(1) the Parties, other participants of process have the right to the help in court of the lawyer chosen by them or appointed the legal aid coordinator of territorial office of National council guaranteed by the state or other representative in the cases provided by this code.

(2) Legal aid can be provided in any degree of jurisdiction and in any stage of process.

(3) the Procedure for provision of legal aid is established by this code and other laws.

Article 9. The leading role of degree of jurisdiction in process

(1) the Degree of jurisdiction possesses the leading role in the organization and implementation of process, limits and which content are determined by this code and other laws.

(2) the Degree of jurisdiction explains to participants of process their procedural law and obligations, warns about consequences of implementation or non-realization of legal proceedings, gives to participants of process help in realization of their rights, according to the petition of the parties and other participants of process disposes about production of evidence, promoting removal of legal and reasoned decision, directs legal proceedings, informs the parties on possibility of initiation of process of mediation and takes any other measures necessary for normal implementation of process, submits any actual and legal facts of the case for discussion of the parties and other participants of process, performs other actions provided by the law.

Article 10. Procedural sanctions

(1) Procedural sanctions are the adverse effects established by regulations of civil procedural law coming for the subject involved in the procedural relations in case of non-execution or improper execution of legal proceeding and also in case of abuse of procedural law.

(2) the attention both by the judge, and the participant of process who is interested to refer to it is paid To inadequate implementation of legal proceedings in each case of assumption of violation of the law.

(3) Procedural sanctions concern legal proceedings as degree of jurisdiction, participants of process, and the faces tied with their activities and according to provisions of the law consist in cancellation it is inadequate the performed legal proceeding, deprivation of the right for non-execution of legal proceeding at the scheduled time, obligations of amendment or review of the act made without observance of provisions of the law, recovery of the violated rights, application of the judicial penalties and other measures provided by the law.

(4) In the cases which are directly provided by the law, the degree of jurisdiction imposes penalty on participants of process, their representatives, and also on other persons who are not participating in case for the actions constituting procedural violation.

Article 11. Safety of participants of process

(1) Trial of case in judicial session is performed in the conditions providing normal activities of degree of jurisdiction and safety of participants of process.

(2) For the purpose of safety of judges and persons which are present at judicial session the chairman in meeting has the right to dispose about check of the personality of those who wish to be present during the considering the case, verification of identity certificates, implementation of personal inspection and examination of the things brought to the hall of meeting.

(3) the Chairman in judicial session can resolve presence in the hall of meeting of the armed individuals obliged to carry arms as obliges, for the purpose of execution of service duties by them in degree of jurisdiction.

Article 12. Permission of civil cases based on the legislation of the Republic of Moldova

(1) the Degree of jurisdiction resolves civil cases based on the Constitution of the Republic of Moldova, international treaties, one of the parties of which is the Republic of Moldova, resolutions and decisions of the European Court of Human Rights, resolutions of the Constitutional court, the organic and ordinary laws, resolutions of Parliament, presidential decrees of the Republic of Moldova, resolutions and ordinances of the Government, regulations of the ministries, other central administrative authorities and bodies of local public authority. In the cases provided by the law the degree of jurisdiction applies customs if they do not contradict bases of law and order and morality.

(2) If by consideration of civil cases it is determined that the law or other regulation contradicts the law or other regulation having big legal force, the degree of jurisdiction applies the provision of the law or other regulation having big legal force.

(3) in the absence of the rule of law governing the disputable relation, the degree of jurisdiction applies the rule of law governing the similar relations (analogy of the law), and in the absence of such rule of law is guided by the principles of the right and sense of the current legislation (analogy is right). Application by the analogy of the rule of law providing departure from general provisions, limiting the rights or establishing additional sanctions is not allowed.

(4) If the international treaty, one of the parties of which is the Republic of Moldova, other regulations than provided by the domestic legislation are established, the degree of jurisdiction by hearing of cases applies regulations of the international treaty.

Article 12-1. Excitement of exceptional case of illegality

(1) in case of doubts in constitutionality of the laws, resolutions of Parliament, presidential decrees of the Republic of Moldova, resolutions and ordinances of the Government which shall be applied in case of permission of case the degree of jurisdiction on own initiative or according to the statement of the participant of process appeals to the Constitutional court.

(2) In case of excitement of exceptional case of illegality and the address to the Constitutional court degree of jurisdiction has no right to pass opinion on justification of the address or constitutionality of the challenged provisions, being limited exclusively to check of compliance to the following requirements:

a) object of exceptional case belongs to the category of acts, stipulated in Item and) parts (1) article 135 of the Constitution;

b) the exceptional case is provided to one of the parties or her representative or it is represented degree of jurisdiction on own initiative;

c) the challenged provisions are subject to application in case of permission of case;

d) in subject of the challenged provisions there is no earlier resolution of the Constitutional court.

(3) In case of excitement of exceptional case of illegality the determination which is not subject to appeal which does not influence continuity of consideration of the case is taken out, however judicial debate is postponed until removal by the Constitutional court of the resolution concerning illegality.

(4) in case of non-compliance with all requirements provided by part (2), the degree of jurisdiction refuses excitement of exceptional case of illegality by removal of determination which can be appealed along with the decision in essence.

(5) the Exceptional case of illegality can be initiated by degree of jurisdiction, only if claim or the statement of appeal is adopted in the procedure provided by the law or the writ of appeal on determination of appeal chamber is acknowledged admissible according to the law.

Article 12-2. Advisory proceedings of the Plenum of the Highest trial chamber

(1) If when considering the case in any degree of jurisdiction difficulties with the correct application of regulations of substantive or procedural law are noted, the degree of jurisdiction on own initiative or at the request of participants of process addresses in the Plenum of the Highest trial chamber for the advisory proceeding which explains procedure for application of the law. The advisory proceeding is published on the web page of the Highest trial chamber.

(1-1) Request for the advisory proceeding shall be based on difficulties with the correct application variously of the interpreted rule of law. The request for the advisory proceeding shall not include the formulation of simple question of application of the text of the law.

(1-2) Subject of the address constitutes this legal problem if it conforms to the following requirements:

a) the address is declared in connection with availability of the specific case which is under consideration in degree of jurisdiction;

b) clearing of legal problem has crucial importance for permission on the merits of the case in which it is lifted;

c) the problem is new, there are no interpretation of legal problem this by earlier advisory proceeding.

(2) in case of variation the degree of jurisdiction of the petition of participants of process for the address to the Plenum of the Highest trial chamber behind the advisory proceeding it takes out determination which is not subject to appeal in cassation procedure.

(3) in case of address variation the Plenum of the Highest trial chamber takes out the motivated determination which is not subject to appeal which is published on the web page of the Highest trial chamber.

(4) the Advisory proceeding of the Plenum of the Highest trial chamber is not obligatory for the Highest trial chamber in case of the subsequent introduction of amendments to the law or change of practice of its application.

(5) In case of the request for the advisory proceeding the degree of jurisdiction takes out the determination which is not subject to appeal which does not influence continuity of consideration of the case, however judicial debate is postponed until removal by the Plenum of the Highest trial chamber of determination concerning the request for the advisory proceeding.

Article 13. Application of legislations of other states

(1) By consideration of civil cases the degree of jurisdiction applies the legislation of other state according to the law or international treaties, one of the parties of which is the Republic of Moldova.

(2) For the purpose of establishment of availability of the law or other regulation of foreign state and its content the degree of jurisdiction addresses in accordance with the established procedure competent authorities of the Republic of Moldova.

(3) If receipt of necessary information on the law or other legal act of foreign state is impossible despite the taken adequate measures, the degree of jurisdiction applies the national law.

Article 14. Resolutions of degrees of jurisdiction

(1) By consideration of civil cases in the first instance court resolutions are adopted in the form of decisions, determinations and orders.

(2) Resolutions of the first instance by which case is allowed in essence are taken out in the form of decisions.

(3) Resolutions of the first instance by which case is not allowed in essence are taken out in the form of determinations.

(4) By consideration in the first instance of the cases specified in Article 345, writs are taken out.

(5) Resolutions of degree of jurisdiction by which appeal or writs of appeal are permitted in essence are taken out in the form of determinations. By consideration of questions by which appeal or writs of appeal are not permitted in essence decrees are issued in the form of determinations.

Article 15. Right to appeal

Participants of process and other interested persons, the rights, freedoms or legitimate interests of which are violated by court resolution, can appeal it according to the law.

Article 16. Obligation of court resolutions

(1) the Final decisions, determinations and resolutions of degrees of jurisdiction, and also orders, requirements, orders, the agenda, other legal appeals of degree of jurisdiction are obligatory for all bodies of the public power, public associations, officials, the organizations and physical persons and is subject to strict execution in all territory of the Republic of Moldova.

(2) Unreasonable non-execution of court resolutions, orders, requirements, orders, agenda, other legal addresses, as well as disrespect for court attract the responsibility provided by this code and other laws.

(3) Voided according to the Law of the Republic of Moldova of 05.07.2012 No. 155

(4) in the territory of the Republic of Moldova decisions, orders and appeals of foreign degrees of jurisdiction, international arbitrations are performed according to this code, international treaties, one of the parties of which is the Republic of Moldova, and also on the basis of the principle of reciprocity.

Article 17. Generalization of court practice

(1) For the purpose of ensuring the correct and uniform application of the legislation the Highest trial chamber on own initiative, and also according to the statement of the professional bodies created based on the law by adjacent legal professions accepts and publishes resolutions of explanatory nature and advisory opinions concerning correctness of application of rules of law and the correct permission of cases.

(2) Resolutions of explanatory nature of the Plenum of the Highest trial chamber and advisory opinions of judicial boards have advisory nature and are not obligatory for degrees of jurisdiction.

Article 17-1. Submission of documents by means of the Integrated management program cases

(1) Claim, appeal and cassation statements, statements for review in auditing procedure, statements for pronouncement of the writ and any other statements or procedural acts can be submitted to degree of jurisdiction by means of the Integrated management program, single for all judicial system, cases. In this case the statement and documents attached to it in the form of electronic documents shall be signed by the strengthened qualified digital signature.

(2) the proof of the digital signature provided by the law is attached To the documents filed by means of the Integrated management program by cases without fail.

Article 18. Use of technical means

(1) For fixation of the course of judicial session and fixing of proofs the degree of jurisdiction can use any technical means according to this code and other laws.

(1-1) For the purpose of realization of procedural law and obligations participants of process can perform sound recording of judicial session.

(2) the Video, photography, use of technical means, others than required according to part (11), are allowed precisely with the permission of the chairman in judicial session and only with the consent of the parties and other participants of process, and in case of hearing of witnesses - also from their consent.

(3) Violation of provisions of part (2) imposing of penalty in the amount up to 20 conventional units with record confiscation attracts (films, photos, cartridges, etc.).

Chapter II Basic principles of civil legal proceedings

Article 19. Justice implementation only degrees of jurisdiction

(1) Justice on civil cases is performed according to the rules established by the legislation on civil legal proceedings, only the degrees of jurisdiction and judges of these instances appointed in the procedure established by the law. Creation of extraordinary degrees of jurisdiction is forbidden.

(2) the Decisions of degrees of jurisdiction passed on civil cases can be checked and reviewed only by competent degrees of jurisdiction according to the procedure, established by this code and other laws.

Article 20. Independence of judges and subordination only to their law

(1) Judicial authority is separated the legislative and executive authorities and it is performed according to the Constitution of the Republic of Moldova, this code and other laws.

(2) When implementing justice on civil cases of the judge are independent and submit only to the law. Any intervention in judicial activities is not allowed and attracts the responsibility provided by the law.

(3) Guarantees of independence of judges are enshrined in the Constitution of the Republic of Moldova and other laws.

Article 21. Individual and joint hearing of cases

(1) Civil cases are considered in the first instance by the judge solely or the structure of court consisting of three judges of the same degree of jurisdiction. If this code grants to the judge the right to consider civil cases and to draw up some procedural statements solely, the judge acts on behalf of degree of jurisdiction.

(2) In appeal and cassation instances civil cases are considered jointly according to provisions of this Code and other laws.

Article 22. Equality of all before the law and justice

(1) Justice on civil cases is performed on the basis of equality of all persons irrespective of nationality, race, nationality, ethnic origin, language, religion, floor, views, political affiliation, property, social and official capacity, the residence, the birthplace, and also equality of all organizations irrespective of type of property and form of business, subordination, the location and other circumstances.

(2) Procedural privileges of persons using immunity concerning the civil responsibility are established by this code, other laws, international treaties, one of the parties of which is the Republic of Moldova.

Article 23. Publicity of legal proceedings

(1) Judicial sessions in all instances are open. In judicial sessions minors aged up to 16 years are not allowed if they are not participants of process or witnesses.

(2) Closed meetings can be held only for the purpose of the information security which is the state secret, trade secret or other information which disclosure is forbidden by the law.

(3) the Degree of jurisdiction makes the decision on consideration of the case in closed meeting for prevention of disclosure of information which concerns intimate aspects of life, wounds honor, dignity or goodwill, and also in other circumstances able to cause damage to interests of participants of process, bases of law and order or morality.

(4) the Meeting can be announced closed for the entire period of process or only for implementation of certain legal proceedings.

(5) About consideration of the case in closed meeting the degree of jurisdiction takes out motivated determination.

(6) Closed meetings are held in the presence of participants of process, and in case of need also witnesses, experts, specialists and translators.

(7) the Degree of jurisdiction takes necessary measures for ensuring preserving the state secret, trade secret, information on intimate life of persons. The participants of process and other persons participating in implementation of legal proceedings during which data such can be divulged are warned about responsibility in case of their disclosure.

(8) Consideration of the case in closed meeting is performed with observance of all civil procedure rules.

(9) the Decisions passed during the closed meetings are announced publicly.

(10) When carrying out legal proceedings in closed meeting can be issued to other persons in addition to the parties of the copy from determinations, experimental testimonies or the testimony precisely with the permission of the chairman in meeting.

Article 24. Language of legal proceedings and right to the translator

(1) Civil administration of justice in degrees of jurisdiction is conducted in the Moldavian language.

(2) the Persons interested in the outcome of the case and who are not knowing the Moldavian language or not speaking on it is mute, have the right to get acquainted with the made actions and with case papers, to express in court through the translator.

(3) Determination of degree of jurisdiction can be always on the lips the decision on the carrying out process acceptable for most of participants of process is made.

(4) in case of carrying out process in other language the degree of jurisdiction without fail decides the decision and in the Moldavian language.

(5) Court resolutions are handed to participants of process in language in which process, or, at their request, in state language is conducted.

Article 25. Spontaneity and ustnost of legal proceedings

(1) the Degree of jurisdiction shall consider directly and directly proofs, to hear explanations of the parties and the third parties, testimonies of witnesses, expert opinions, consultations and explanations of specialists, to get acquainted with written proofs, to research physical evidences, to hear sound recordings and to look through videos, to decide the decision only on the basis of the established circumstances and proofs researched and checked in judicial session.

(2) Legal proceedings happen orally and in case of the same judicial structure. In case of replacement of one of judges during consideration of the case legal proceedings are made from the very beginning.

(3) In the cases which are directly provided by the law, the judge considers case in written production.

Article 26. Competitiveness and procedural equality of participants

(1) Civil legal proceedings are performed on the basis of the principle of competitiveness and procedural equality of participants.

(2) Competitiveness assumes the organization of process so that the parties and other participants of process had opportunity to formulate, reason and prove the line item in process, to choose methods and means of its protection independently and irrespective of degree of jurisdiction, other bodies and persons, to state the line item according to the actual and legal issues concerning case in point and to state the point of view on initiatives of degree of jurisdiction.

(3) the Degree of jurisdiction considering case keeps impartiality and objectivity, creates necessary conditions for realization by participants of process of the rights and objective consideration of the actual facts of the case.

(4) the Procedural equality of participants is guaranteed by the law and is provided with degree of jurisdiction by creation of the equal opportunities sufficient and adequate, for use of all procedural remedies of line item on the actual and legal circumstances, so that any of the parties did not fall into less advantageous position in comparison with another.

Article 27. Dispositivity

(1) Dispositivity is shown in opportunity for participants of process (first of all - the parties) freely to dispose of the subjective substantive right or legitimate interest considered in court and also procedural law, to choose procedural methods and remedies.

(2) the Degree of jurisdiction does not allow the order the right or uses of methods of protection if they contradict the law or violate the rights or legitimate interests of person.

Chapter III

Voided according to the Law of the Republic of Moldova of 05.07.2012 No. 155

Chapter IV put Cognizance to degrees of jurisdiction

Article 32. Cognizance invariance

(1) Nobody can without its consent be deprived of the right to consideration of its case by that degree of jurisdiction and those judges to whose competence put it is carried by the law, except as specified, directly provided by this code.

(2) the Higher degree of jurisdiction has no right to submit on own initiative the case from one subordinate degree of jurisdiction to another or to accept it to the production, except for case when the structure of court cannot be created in the relevant degree of jurisdiction.

Article 33. General cognizance of cases to degrees of jurisdiction

(1) Degrees of jurisdiction consider all civil cases with participation of physical persons and legal entities, bodies of the public power in protection of the violated or challenged rights, freedoms and legitimate interests for which the law does not provide competence of other bodies.

(2) Degrees of jurisdiction consider cases with participation of the organizations and citizens of the Republic of Moldova, foreign citizens, stateless persons, the foreign organizations, the organizations with the foreign capital, the international organizations if the law or the international treaty which party is the Republic of Moldova, do not provide competence of foreign degrees of jurisdiction or other bodies.

Article 33-1. Put cognizance to courts

Courts consider and resolve all civil cases in the first instance if the law does not provide other.

Article 34.

Voided

Article 35. Cognizance of cases to District commercial court

Voided according to the Law of the Republic of Moldova of 21.04.2016 No. 76

Article 36. 

Voided according to the Law of the Republic of Moldova of 06.03.2012 No. 29

Article 37. Cognizance competition

If in several courts the requirements connected among themselves at the same time are considered, they based on the statement are subject to consolidation by determination and to consideration by court to which the first submits the application. Courts (court) to which applications are submitted subsequently bring requirements to trial to which the first submits the application, by determination which can be appealed in cassation procedure.

Article 37-1. Cognizance of several requirements connected among themselves

(1) in case of formulation in the action for declaration of several requirements connected among themselves from which one are within the competence of degree of jurisdiction of the general jurisdiction and others - to competence of specialized degree of jurisdiction, all requirements are considered by degree of jurisdiction of the general jurisdiction.

(2) In departure from part provisions (1) in case in the case considered by degree of jurisdiction of the general jurisdiction, one of requirements belongs to acts of National Bank or acts of the National commission on the financial market, the degree of jurisdiction of the general jurisdiction takes out the determination which is not subject to appeal about allocation of the requirement and about its transfer to competent degree of jurisdiction connected with administrative dispute.

Article 38. General territorial cognizance

(1) the Applicant can make the claim to any location of degree of jurisdiction at the place of residence of the defendant.

(2) the Claim concerning the legal entity is made to one of locations of degree of jurisdiction in the location of the corresponding legal entity.

Article 39. Cognizance at the choice of the claimant

(1) the Claim to the defendant whose residence is not known or not taking residences in the Republic of Moldova can be shown to any location of degree of jurisdiction in the location of property of the defendant or in the last place of his residence in the Republic of Moldova.

(2) the Claim to the legal entity or other organization can be shown also to any location of degree of jurisdiction in the location of their property.

(3) the Claim following from activities of department or representation of the legal entity or other organization can be shown also to any location of degree of jurisdiction in the location of department or representation.

(4) the Recovery suit of the alimony and the paternity suit can be shown also to any location of degree of jurisdiction at the place of residence of the claimant.

(5) the Action of rescission of scrap can be made also to any location of degree of jurisdiction at the place of residence of the claimant in cases when on its care there are minor children or when its moving to degree of jurisdiction at the place of residence of the defendant is integrated to reasonable difficulties.

(6) the Action of rescission of marriage with person recognized in accordance with the established procedure it is unknown absent, with the face protected by measure of judicial protection (temporary protection, guardianship or guardianship) with person condemned to imprisonment it can be shown also to any location of degree of jurisdiction at the place of residence of the claimant.

(7) Claims for recovery of labor, pension, housing laws, for return of property or its cost, the claims connected with compensation of the damage caused owing to illegal condemnation, illegal criminal prosecution, illegal application of measure of restraint in the form of pre-trial detention into custody or recognizances not to leave or owing to illegal imposing of administrative punishment in the form of arrest can be shown also to any location of degree of jurisdiction at the place of residence of the claimant.

(8) Compensatory actions, the face caused by mutilation or other damage of health or tied with death, can be shown by the claimant also to any location of degree of jurisdiction instance in the place of his residence or to any location of degree of jurisdiction in the place of damnification.

(9) Compensatory actions, the physical person caused to property or the organization, can be shown also to any location of degree of jurisdiction in the place of damnification.

(10) Claims for consumer protection can be made also to any location of degree of jurisdiction at the place of residence of the claimant or to any location of degree of jurisdiction on detention center or agreement performances.

(11) the Claims following from agreements in which the place of agreement performance is specified can be shown also to any location of degree of jurisdiction in the place of agreement performance.

(11-1) Recovery suit of the due payments following from the agreement signed between business entities can be shown also to any location of degree of jurisdiction in the location of the claimant.

(12) the Claim to the defendant, being the organization or the citizen of the Republic of Moldova, the location or the residence of which is in the territory of other state, can be shown to any location of degree of jurisdiction at the place of residence or the location of the claimant or to any location of degree of jurisdiction in the location of property of the defendant in the territory of the Republic of Moldova.

(13) the Claims connected with insurance can be shown also to any location of degree of jurisdiction at the place of residence of the insurer, in the location of property or in the scene.

(14) the Choice between several degrees of jurisdiction to which according to this Article case is jurisdictional belongs to the claimant.

(15) Voided according to the Law of the Republic of Moldova of 05.07.2012 No. 155

(16) cognizance is determined By claims for establishment of availability or lack of certain right according to the rules provided for claims which subject is execution production.

Article 40. Exclusive cognizance

(1) Claims for the rights to the parcels of land, subsoil, forest belts, long-term plantings, the isolated water resources, apartment houses, buildings and constructions, other objects, possessory claims concerning this property, and also claims for removal of arrest from property are made in degree of jurisdiction in the location of these objects or property. If the things constituting subject of action are located in districts of several degrees of jurisdiction, the application is submitted to any of instances in which district there is part of things.

(2) Claims to owners (owners) of the equipment for compensation of the damage caused to the environment are shown in degree of jurisdiction on equipment installation site, except as specified, when the equipment is installed outside the country.

(3) Claims for treasury of the state are jurisdictional degree of jurisdiction in the location of body, authorized to represent treasury of the state in the corresponding dispute.

(4) Voided.

(5) the Claims to carriers following from transportation agreements of passengers and baggage or freights are shown in degree of jurisdiction in the location of carrier to which complaint was in accordance with the established procedure made.

(6) Claims of shareholders are made in degree of jurisdiction in the location of joint-stock company.

(7) Claims based on article 38-15 of the Law on financial institutions No. 550-XIII of July 21, 1995 about compensation of the damage caused to insolvent bank against the head of bank and person to whom emergence of provision of insolvency or essential difficulties of bank is charged are shown in degree of jurisdiction in the location of insolvent bank.

Article 41.

Voided

Article 41-1. Cognizance on probate cases

(1) the following claims are submitted To degree of jurisdiction in the place of opening of inheritance:

a) about inheritance right, about the size of heritable share, and also about acceptance or refusal of inheritance;

b) about recognition of the heir unworthy;

c) the heir concerning the owner of heritable weight (inheritance claim);

d) about invalidity of testamentary dispositions;

e) about the Section of heritable weight and the plan of the Section, about the agreement of the Section or the agreement on suspension of the Section of heritable property;

f) the basis for which is the right acquired on testamentary refusal or assignment;

g) about accountability of the custodian managing heritable weight or the testamentary executor or about the termination of their powers;

h) about initiation of process of insolvency of heritable weight.

(2) part Provisions (1) this Article prevail over part provisions (1) Article 40.

(3) Claims of creditors of the dead and other creditors of heritable weight are shown in degree of jurisdiction in the place of opening of inheritance. This rule does not exclude cognizance to other instances at the choice of the claimant according to Article 39 and does not eliminate exclusive cognizance according to Article 40.

(4) If the place of opening of inheritance is outside the Republic of Moldova, however according to the law this case to jurisdictional national degrees of jurisdiction, claims for the questions specified in parts (1) and (3) this Article, are shown in degree of jurisdiction in the location of the main part of the property located in the territory of the Republic of Moldova or - in case of its absence - in degree of jurisdiction, competent according to Article 38.

Article 42. Cognizance of several civil cases connected among themselves

(1) the Claim to several defendants taking different residences is shown in degree of jurisdiction at the place of residence or the location of one of them at the choice of the claimant.

(2) the Counter claim irrespective of its cognizance is made in degree of jurisdiction in the place of consideration of the original action.

(3) the Claim of the third party who declared independent requirements for matter in issue is shown in degree of jurisdiction in the place of consideration of the original action.

(4) the Civil action following from criminal case if it was not declared or was not resolved during criminal trial, it is shown according to the procedure of civil legal proceedings according to the rules of cognizance established by this code.

Article 43. Case referral in other degree of jurisdiction

(1) the Case which is taken cognizance by degree of jurisdiction with observance of rules of cognizance is allowed by it in essence including in case further it became cognizable to other degree of jurisdiction.

(2) the Degree of jurisdiction submits case to other degree of jurisdiction if:

a) the defendant whose residence was not earlier known petitions for case referral in degree of jurisdiction at the place of residence confirmed with the property right, the status of the employer or registration in the place of stay;

b) case is taken cognizance with cognizance abuse of regulations;

c) both parties petition for case referral in degree of jurisdiction in the location of the majority of proofs;

d) after removal (rejection) of one or several judges or for other reasonable reasons replacement of judges in this degree of jurisdiction becomes impossible;

e) there are bases for taking measures for the purpose of ensuring public safety;

f) there are concerns concerning the fact that impartiality of judges can be shaken because of the facts of the case or participants status of process;

g) owing to force majeure the degree of jurisdiction to which cognizance case belongs cannot function long time.

(3) Case referral from one degree of jurisdiction in another on the bases listed in Items and), b) and c) parts (2), it is made by preparation of case for consideration, motivated determination of the degree of jurisdiction which initiated proceedings. Determination about case referral is not subject to appeal, but can cause excitement of dispute over refusal of cognizance.

(4) Case referral in the cases provided by Items d), e), f) and g) parts (2), it is made by higher degree of jurisdiction which determination is not subject to appeal.

(4-1) Degree of jurisdiction shall submit the case to competent degree of jurisdiction within 5 days from the moment of the introduction to legal force of determination about case referral.

(5) the Legal proceedings performed by the degree of jurisdiction which initiated proceedings before case referral in other degree of jurisdiction have legal force in that measure in which the new degree of jurisdiction does not consider necessary to change them.

(6) submission of the repeated statement for case referral on the same bases is not allowed if case referral it is earlier refused or if the statement for case referral is based on the circumstances known for date of consideration of the previous statement. In this case the statement for case referral is filed by legal determination.

Article 44. The dispute resolution about cognizance

(1) the Degree of jurisdiction in which there was dispute on cognizance stops production on own initiative and submits the case to degree of jurisdiction, competent to resolve dispute on cognizance.

(2) If two or more courts relating to the district of the same appeal chamber recognize themselves competent to consider the same case or if the determinations which took legal effect they declared incompetence to them the same case, the dispute on cognizance is considered by appeal chamber of the general jurisdiction.

(3) the Dispute on cognizance between two or more courts which are not relating to the same appeal chamber or between court and appeal chamber, or between appeal chambers is considered by Board on civil, commercial and administrative cases of the Highest trial chamber.

(4) Voided according to the Law of the Republic of Moldova of 21.04.2016 No. 76

(5) Voided according to the Law of the Republic of Moldova of 21.04.2016 No. 76

(6) Voided

(7) Voided

(8) Voided

(9) the Competent degree of jurisdiction resolves dispute on cognizance between degrees of jurisdiction without challenge of participants of process, with removal of determination which is not subject to appeal.

Article 45.

Voided according to the Law of the Republic of Moldova of 05.07.2012 No. 155

Chapter V Structure of court. Branches

Article 46. Structure of court

(1) Civil cases are considered in the first instance by the judge solely or structure from three judges. The issue of joint consideration of the case is resolved by the chairman of degree of jurisdiction.

(2) In appellate instance cases are considered by the structure of court consisting of the judge-chairman and other two judges.

(3) the Expanded board on civil, commercial and administrative cases of the Highest trial chamber considers writs of appeal as a part of the judge - the chairman and other four judges.

(4) Voided according to the Law of the Republic of Moldova of 05.07.2012 No. 155

Article 47. Court session secretary

(1) the Court session secretary at the request of the judge performs legal proceedings, than promotes preparation and trial of case in judicial session, informs participants of process on the place, date and time of legal proceedings, checks their appearance in court, finds out the reasons of their absence and tells them to the judge, constitutes the protocol of judicial session, performs the instructions of the judge concerning the organization and conducting judicial session.

(2) Neither the judge, nor participants of process has no right to fulfill duties of the secretary in judicial session. In case of need the degree of jurisdiction owing to the powers can replace the court session secretary with other secretary about what takes out determination which is not subject to appeal. Replacement of the court session secretary does not attract case trial from the very beginning.

Article 48. Permission of questions in joint procedure

(1) All questions arising when considering the case are permitted jointly by a majority vote judges. None of judges have no right to refrain from vote. The chairman when considering the case votes the last. Judges have the equal rights in case of permission of all questions arising during the considering the case and decision.

(2) the Judge not concordant with the solution of the majority signs the made decision, but has the right to state at the same time in writing the special opinion which is transferred to the chairman in meeting and is filed. The special opinion is not reported and not disclosed in judicial session.

Article 49. Inadmissibility of repeated participation of the judge in consideration of the case

(1) the Judge who was involved in consideration of the case in the first instance cannot participate in consideration of the same case in appeal and cassation instances, and also participate in case of new trial of case in the first instance in case of cancellation of the passed decision.

(2) the Judge who was involved in consideration of the case in appellate instance cannot participate in consideration of the same case in the first instance, repeatedly in appellate instance and in cassation instance.

(3) the Judge who was involved in consideration of the case in cassation instance cannot participate in consideration of the same case in the first instance and in appeal or cassation instance.

(4) Provisions of this Article do not extend to refusal cases in adoption of the action for declaration on the bases, stipulated in Article 169, returns of the action for declaration on the bases provided by Articles 170 and 171, of leaving of the statement without consideration on the bases stipulated in Article 267, or suit abatements on the bases provided by Items a) and b) Articles 265, and also refusal in satisfaction of the requirements declared with the omission of term.

(5) Voided according to the Law of the Republic of Moldova of 05.07.2012 No. 155

Article 50. Bases for removal of the judge

(1) the Judge considering case is subject to branch if:

a) in case of the previous consideration of the case he participated in it as the witness, the expert, the specialist, the translator, the representative, the court clerk, the legal executive, the arbitrator or mediator;

b) he is relative to the fourth degree inclusive or the cousin-in-law to the third degree inclusive from one of the parties or with other participants of process or with their representatives;

b-1) his relative to the fourth degree inclusive or the cousin-in-law to the third degree inclusive participated as the judge in consideration of the same case;

b-2) he is relative to the fourth degree inclusive or the cousin-in-law to the third degree inclusive with other member of structure of court;

c) he is legal representative of one of the parties;

d) he expressed the opinion on case in point;

e) he personally is directly or indirectly interested in permission of the corresponding case or there are other circumstances raising doubts in its objectivity and impartiality.

(2) Voided.

Article 51. Bases for removal of the expert, specialist, translator, court session secretary

(1) the Bases for removal of the judge specified in Article 50, extend to the expert, the specialist, the translator, the court session secretary.

(2) the Expert or the specialist cannot be involved in consideration of the case also if it:

a) was or is in job or other dependency from the parties or other participants of process or their representatives;

b) carried out audit which materials formed the basis for excitement of this case or are used by consideration of this case.

(3) Participation of the expert, specialist, translator, court session secretary in the previous consideration of the case in the same quality is not the basis for branch.

Article 52. Statements for branches and rejections

(1) in the presence of the bases specified in Articles 50 and 51, the judge, the expert, the specialist, the translator, the court session secretary shall declare rejection. On the same bases branch can be declared by participants of process or is considered on own initiative by degree of jurisdiction.

(2) Branch and rejection are declared orally or in writing, on everyone taken away separately, shall be motivated and declared prior to substantive prosecution. The latest statement of rejection, as well as branch, is allowed only in case the basis for it became known to person declaring rejection or branch after the beginning of substantive prosecution.

(3) If the bases for branch became known after the beginning of substantive prosecution, the degree of jurisdiction shall report about them in judicial session for the purpose of permission of question of branch.

(4) the Procedure for permission of the statement for rejection and consequences of its satisfaction are determined according to provisions of Articles 53 and 54.

(5) during process the repeated statement of branch to the same judge on the same bases is not allowed if the branch which is earlier declared to it was rejected. Also removal of the judge for the reasons of availability of doubts in his impartiality is not allowed if the legal and actual basis for the statement of branch, removal of the judge, it is entrusted to them to check the bases for branch, to the declared one of judges, removal of the judges who are not participating in consideration of this case is not known.

(6) the Application for branch submitted to violation of provisions of part (5) this Article and based on the circumstances which are not provided by Articles 50 and 51, is not considered and filed by legal determination.

Article 53. Procedure for permission of the statement for branch

(1) the Offer on branch is considered by the degree of jurisdiction considering the claim. The degree of jurisdiction considers explanations of person to whom branch is declared if those are provided, and also listens to opinion of participants of process. Interrogation as prover of the bases of branch, as well as implementation of any legal proceedings is not allowed.

(1-1) Voided according to the Law of the Republic of Moldova of 05.04.2018 No. 17

(2) the Statement for branch is distributed, for permission, in a random way by means of the Integrated management program and no more than five working days are considered by cases from the moment of distribution in time, without influencing continuity of judicial session, however judicial debate is postponed until permission of the statement for branch.

(3) If because of branch in the degree of jurisdiction considering case, creation of structure of court is impossible, the application for branch is considered by higher degree of jurisdiction in which the corresponding claim is submitted.

(4) the Question of removal of the expert, the specialist, the translator, court session secretary is allowed by the degree of jurisdiction considering case.

(5) the Degree of jurisdiction resolves question of branch in the consultative room about what takes out motivated determination which cannot be appealed differently as along with the decision or determination which is taken out in essence.

Article 54. Consequences of allowance of the application about branch

(1) in case of satisfaction of removal of the judge by the degree of jurisdiction considering the corresponding application, case is considered by other judge or other structure of court of this instance. In case of dissatisfaction of branch case is considered by the appointed judges.

(2) the Higher degree of jurisdiction given the right to consider applications for branches in the cases provided by part (3) Articles 53, determined that the statement for branch is proved, makes the decision on case referral in degree of jurisdiction of the same level and if it is impossible, then case goes to consideration to higher degree of jurisdiction in which the corresponding claim is submitted.

(3) in case of variation of the statement for branch case returns for consideration to the degree of jurisdiction considering the original action.

(4) In determination about satisfaction of branch it is specified in what measure actions taken by the taken-away judge remain in force.

Chapter VI Participants of process. Their procedural law and obligations

Article 55. Participants of process

Participants of process are recognized: the parties, the third parties, the prosecutor, applicants, persons, which according to part provisions (2) articles 7, of articles 73 and 74 are authorized to file in degree of jurisdiction petition for protection of the rights, freedoms and legitimate interests of other persons or which participate in case for the purpose of making the conclusions for protection of the rights of other persons, and interested persons on cases on application of measures of protection in violence cases in family and for special proceeding.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

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 40000 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.
More about search system

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.