of April 21, 2011 No. 87
About compensation by the state of the harm done by violation of the right to legal proceedings in reasonable time or the rights to execution of the judgment in reasonable time
The parliament adopts this organic law.
(1) the Purpose of this law is creation in the Republic of Moldova of effective interstate remedy on legal proceedings in reasonable time and the rights to execution of the judgment in reasonable time.
(2) Use and interpretation of concepts of this law are performed from the point of view of the national legal system, provisions of the European convention on human rights protection and fundamental freedoms and law of the European Court of Human Rights.
(1) Any physical person or legal entity believing broken its right to legal proceedings in reasonable time or the right to execution of the judgment in reasonable time can address according to the procedure, established by this law and the civil procedural legislation, to degree of jurisdiction with the action for declaration about establishment of violation and about indemnification, caused by such violation.
(2) Indemnification, the right to legal proceedings caused by violation in reasonable time or the rights to execution of the judgment in reasonable time, is performed only if violation took place for the reasons which are not depending exclusively from the face, filed petition for indemnification (further – the applicant).
(3) the Harm done by violation of the right to legal proceedings in reasonable time or the rights to execution of the judgment in reasonable time is compensated irrespective of fault of degree of jurisdiction, the criminal prosecution authority, body responsible for execution of judgments, or the state organization debtor.
(4) the Harm done by body of the public power or body to which the state delegates powers of body of the public power violation of the right to legal proceedings in reasonable time or the rights to execution of the judgment in reasonable time is compensated by the state. Indemnification is performed at the expense of means of the government budget.
(5) After the indemnification caused by violation of the right to legal proceedings in reasonable time or the rights to execution of the judgment in reasonable time, the state has the right to impose recourse requirement to the perpetrator.
(6) the Amount of compensation for the harm done by violation of the right to legal proceedings in reasonable time or the rights to execution of the judgment in reasonable time is determined by degree of jurisdiction in each case taking into account the facts of the case on which violation, proceeding from requirements of the applicant, complexity of case, behavior of the applicant, behavior of criminal prosecution authority, degree of jurisdiction and appropriate authorities, duration of violation and the importance of process for the applicant was allowed.
(7) the Body representing the state in degree of jurisdiction on this category of cases is the Ministry of Justice.
(1) the Action for declaration about establishment of violation of the right to legal proceedings to reasonable time and about compensation of the harm done by such violation (further – the action for declaration) is submitted to reasonable time or the rights to execution of the judgment according to the rules of cognizance established in Chapter IV of the Code of civil procedure of the Republic of Moldova and is considered by structure of court, other, than that which considered (considers) case with expected violation.
(2) On cases with expected violation of the right to legal proceedings in reasonable time the action for declaration can be submitted during substantive prosecution or within six months from the date of entry into force of the resolution of the prosecutor on the termination of criminal prosecution or about removal from under criminal prosecution or the resolution of degree of jurisdiction.
(3) On cases with expected violation of the right to execution of the judgment in reasonable time the action for declaration can be submitted to the period of execution of the court ruling which took legal effect or within six months from the date of the termination of enforcement proceeding.
(1) the Obligation on proof of lack of violation of the right to legal proceedings in reasonable time or the rights to execution of the judgment in reasonable time and lack of moral harm is assigned to the Ministry of Justice, and obligation on proof of the material harm done by such violation, and the incurred legal costs and expenses it is assigned to the applicant.
(2) the Degree of jurisdiction considering the merits of the case, criminal prosecution authority, the body participating in production or, for circumstances, the legal executive or the body responsible for execution of the judgment represents to the Ministry of Justice the reasonable report on observance of reasonable time and if necessary case or the copy of case.
(3) the Report on observance of reasonable time is submitted in writing and contains surname and name of the judge, representative of the body participating in production, the legal executive or the representative of body responsible for execution of the judgment, information on the made legal proceedings with indication of terms and the bases of their production, if necessary – information on the legal proceedings taken for legal proceedings acceleration, other essential data on observance of reasonable time.
(4) the Action for declaration is considered by the relevant degree of jurisdiction in time, not exceeding three months from the date of its giving.
(5) the Specified categories of cases are considered by degree of jurisdiction according to regulations of the civil procedural legislation taking into account the features provided by this law.
(1) Having established violation of the right to legal proceedings in reasonable time or the rights to execution of the judgment in reasonable time, the degree of jurisdiction awards payment of fair compensation for the account of means of the government budget in compensation of moral, material harm, and also legal costs and expenses.
(The degree of jurisdiction has the right to decide 2) In case of establishment of violation of the right to legal proceedings in reasonable time or the rights to execution of the judgment in reasonable time that establishment of violation of the right is fair compensation of moral harm.
(3) the Degree of jurisdiction cannot make the decision on collection of outstanding amount owing to ascertaining of violation of the right to execution of the judgment in reasonable time.
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