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EXECUTIVE CODE OF THE REPUBLIC OF MOLDOVA

of December 24, 2004 No. 443-XV

(as amended on 07-10-2021)

The parliament accepts this code.

Book the first

Execution of solutions of civil nature

Section I General provisions

Chapter I Basic principles

Article 1. Task and purpose of enforcement proceeding

(1) the Task of enforcement proceeding is assistance of realization of the rights of the claimants recognized by the executive document shown to execution in the procedure established by the law.

(2) For the purpose of accomplishment by the provided part (1) tasks the legislation on enforcement proceeding establishes competence of the legal executive, procedure and conditions of forced execution of executive documents.

Article 2. Principle of legality

The legal executive provides forced execution of executive documents in strict accordance with this code and other regulations.

Article 3. Principle of equality

The procedure and conditions of reduction of executive documents in execution extend to official and physical persons irrespective of race, nationality, ethnic origin, language, religion, floor, views, political affiliation, property status or social origin, and also legal entities irrespective of type of property and form of business.

Article 4. Principle of dispositivity

(1) the Claimant has the right to demand forced execution of executive documents, and also to refuse the begun execution or to delay the beginning of forced execution within fixed term of prescription.

(2) the Parties of enforcement proceeding (the claimant and the debtor) can carry out the executive document by the conclusion of the voluntary settlement according to this code.

Article 5. Principle of humanity

The procedure and conditions of reduction of executive documents in execution are established on the basis of human rights principle and cannot aim at causing physical and moral sufferings or material damage.

Article 6. Enforcement proceeding language

(1) the Enforcement proceeding is performed in state language.

(2) If participants of enforcement proceeding do not know state language, they have the right to get acquainted with documents of enforcement proceeding and to express by means of the translator.

Article 7. Independence of the legal executive

(1) In case of execution of executive documents the legal executive is independent and submits only to the law.

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

Article 8. Obligation of requirements of the legal executive

(1) Requirements of the legal executive imposed according to the procedure, established by this code and other regulations, are obligatory for all bodies of the public power, legal, official and physical persons.

(2) the Persons who are not fulfilling requirements of the legal executive or interfering their accomplishment bear the responsibility provided by the law.

Article 9. Appeal of acts of the legal executive

Participants of enforcement proceeding and other interested persons, it is right or the interests of which protected by the law are violated by any executive act, can appeal this act according to the law.

Section II Forced execution of executive documents

Chapter II General provisions

Article 10. Forced execution

(1) Forced execution is set of the measures provided by this code by means of which the claimant realizes through the legal executive through authorized state bodies the rights recognized by the executive document if the debtor voluntarily does not fulfill the obligations.

(2) Forced execution begins with the address to the legal executive according to the law and is made in any form provided by this code, at the same time or serially, to complete satisfaction of the right recognized by the executive document, interest payment, penalty fee or other amounts awarded according to the law and also expenses on execution.

(3) Forced execution is performed based on writ of execution or other document which is executive according to this code.

Article 11. Executive documents

Treat executive documents and are performed according to provisions of this Code:

a) the writs of execution issued by degree of jurisdiction according to the law;

b) the decisions passed by degrees of jurisdiction on administrative cases, determinations, orders of degrees of jurisdiction if the law does not provide other;

c) decisions (determination) on cases on offenses including which are taken out by the stating subjects according to the competence established by the law, writs of execution on criminal cases and sentences on criminal cases regarding recovery of penalty and also the civil action;

-1) about the determinations of the judge on criminal prosecution obliging to making of the certain actions connected with transfer/transfer / return of property;

d) resolutions on release from criminal liability with accountability for offense in the form of penalty;

e) the writs of execution issued based on arbitral decisions;

f) the writs of execution issued based on decisions of foreign degrees of jurisdiction and foreign arbitral decisions, recognized and permitted to execution in the territory of the Republic of Moldova;

g) solutions of the Constitutional court on imposing of penalty;

h) determinations of the legal executive, protocols of the legal executive by which conditions of the voluntary settlement of the parties according to Article 62 of this Code are fixed;

i) decisions of Disciplinary board of National union of legal executives and Disciplinary board of the Union of lawyers about imposing of disciplinary sanctions of cash nature;

j) resolutions (decision) on application of sanctions accepted by bodies of the public power and/or other bodies, the functions of regulation and control equipped according to the law;

k) the acts allocated with executive text/force on condition of provision by the law on their basis of the right to forced execution;

k-1) arbitral decisions which voluntary settlements affirm;

l) the decisions of the European Court of Human Rights concerning the amount of fair compensation of damage and compensation of other costs and also agreements on friendly settlement signed by the parties;

l-1) of the decision of the Ministry of Finance on collection from the account of beneficiaries of the state program "First house the" of obligations on payment following from the state guarantees issued and paid for benefit of bank and not provided in full owing to sale of mortgage housing;

m) the decisions on settlement constituted by Customs Service in the cases provided by Articles 92 and 101 of this Code;;

n) pledge agreements of personal estate provided that pledge can be protested according to the procedure, established by the law;

n-1) agreements of leasing in the part concerning the right of the lessor to property possession and the documents relating to it and on exception of record about leasing of the public register provided that the lessor represents non-bank credit institution or leasing society, and leasing is noted or registered according to part (3) Article 929 of the Civil code;

o) decisions of coordinators of territorial bureaus of National council on the legal aid guaranteed by the state about expense recovery on provision of the legal aid guaranteed by the state;

p) the acts issued by the State Tax Administration of the instruction of collection of the amounts;

q) the acts issued by Competition council of imposing of cash penalties.

Article 12. Issue of writ of execution

(1) the Writ of execution is issued to the claimant according to its statement by the first instance after finding by the solution of final nature.

(2) In cases, stipulated in Article 256 Codes of civil procedure, the writ of execution it is issued without delay.

Article 13. Issue according to one solution of several writs of execution

(1) According to each decision one writ of execution is issued.

(2) If execution be made in different places or if the decision is passed for benefit of several claimants, the degree of jurisdiction according to the statement of claimants issues several writs of execution with exact specifying of the place of execution.

(3) based on the judgment which debtors undertake to grant sums of money in solidary procedure according to the statement of the claimant several writs of execution on number of solidary debtors are issued.

(4) in case of change of the decision the degree of jurisdiction issues new writ of execution according to the changed substantive provisions. The writ of execution published based on the cancelled or changed decision, returns the degree of jurisdiction which issued it for cancellation.

Article 14. Contents of the executive document

(1) shall contain In the executive document issued by degree of jurisdiction:

a) the name of the degree of jurisdiction which issued the executive document;

b) case on which the executive document is issued;

c) date of decision and its substantive provisions (literally);

d) date of finding by the solution of final nature or specifying about immediate execution;

e) surname, name, birth date or name of the debtor and claimant, fiscal code, residence or location, bank details;

f) date of issue of the executive document;

g) mark about the taken measures for providing the claim;

h) mark about permission of forced penetration of the legal executive into rooms which are in ownership or property of the debtor including in which there is property of the debtor;

i) other instructions - if necessary.

(2) the Writ of execution issued based on the judgment is signed by the judge and the court clerk and is certified by seal of degree of jurisdiction.

(3) Other executive documents, than issued by degree of jurisdiction, except for stipulated in Item k) Articles 11, are signed by the official and certified by seal of relevant organ; at the same time they shall contain all data provided by part (1) this Article, except for provisions of Items g) and h).

(4) If the decision of foreign degree of jurisdiction or international arbitration was acknowledged and it is authorized to execution in the territory of the Republic of Moldova, in writ of execution are specified as the name of foreign degree of jurisdiction or international arbitration, and the name of the degree of jurisdiction of the Republic of Moldova which recognized this decision and resolved its execution.

Article 15. Presentation of the executive document to execution

(1) the Executive document is shown to execution by the claimant.

(2) the Degree of jurisdiction on the initiative shows to execution writ of execution on the following cases:

a) ceased to be valid according to the Law of the Republic of Moldova of 23.09.2016 No. 191

b) about collection of sums of money in the income of the state;

c) about collection of sums of money from the state, the state and municipal companies, commercial societies with mainly state capital;

d) about collection of the alimony;

e) about collection of sums of money on account of the indemnification caused by infliction of bodily injury or other damage of health, and also death if compensation was performed in the form of periodical money payments;

e-1) about indemnification, the right to legal proceedings caused by violation in reasonable time or the rights to execution of the judgment in reasonable time;

e-2) about compensation of the damage caused by illegal actions of criminal prosecution authorities, prosecutor's office and degrees of jurisdiction;

f) about recovery at work and about collection of the average salary for the entire period of forced absence from work;

g) about collection of the temporary disability benefits and other payments of social insurance provided by the law;

h) about collection of expenses on provision of the qualified legal aid guaranteed by the state.

(2-1) V the cases provided in part (2) this Article, the creditor has the right to choose other legal executive according to the procedure determined in Article 32 of this Code.

(2-2) Foreign judgments recognized in the territory of the Republic of Moldova are shown by degree of jurisdiction to execution on the initiative only in the cases provided by part (2) this Article.

(3) In the cases listed in part (2) this Article, the degree of jurisdiction directs executive documents according to the territorial competence provided by parts (3) and (4) articles 30 of this Code, and notifies the parties on presentation them to execution. It does not limit claimants in implementation of the right provided by part (2) articles 60 of this Code.

(4) in case of presentation of new writ of execution according to part (4) articles 13 of this Code, the enforcement proceeding proceeds with preserving complete legal force of all previous actions in that measure in which it does not contradict substantive provisions of new writ of execution.

(5) Executive documents for indisputable cash write-off from accounts of the government budget, the budget of the national social insurance, funds of compulsory medical insurance, budgets of administrative and territorial units, and also from accounts of bodies of the public power / public organizations are performed according to the procedure and in the terms established by the Law on public finance and budget and tax responsibility No. 181 of July 25, 2014.

Article 16. Terms of presentation of executive documents to execution

(1) the Writ of execution can be shown to execution within three years after finding by the judgment based on which it was issued, final nature if the law does not provide other.

(2) the Executive document on collection of periodical payments keeps the force during the entire period throughout which payments shall be made. The term established in part (1) this Article, it is applied to each of periodical payments separately, and its current begins from the date of approach of term of each payment.

(3) Judgments on administrative cases are shown to execution in 30dnevny term from the date of the expiration of their voluntary execution established by the law or degree of jurisdiction.

(4) Decisions on cases on offenses are shown to execution in the terms established by the Code about offenses if the law does not provide other.

(5) Terms of presentation of executive documents are determined according to Article 111 of the Code of civil procedure.

Article 17. Interruption of prescriptive limit for presentation of the executive document to execution

(1) Prescriptive limit for presentation of the executive document to execution is interrupted:

a) in case of excitement of enforcement proceeding;

b) in case of partial obligation fulfillment before initiation of forced execution or making by the debtor (his representative or the guarantor) of any action testimonial of recognition of the obligation any different way.

(2) After interruption of prescriptive limit its current begins again. In case of calculation of new prescriptive limit time which expired before interruption is not taken into account.

(3) in case of return of the executive document which was not performed or was performed partially new term for presentation of the executive document to execution is estimated from the date of return of the document to the claimant.

(4) Prescriptive limit is not interrupted in case of refusal the legal executive in excitement of enforcement proceeding or if person, according to the statement or for the benefit of which forced execution was initiated, demanded return of the executive document.

Article 18. Recovery of the passed term

(1) the Degree of jurisdiction can recover the term of presentation of the executive document passed by the claimant to execution.

(2) the Application for recovery of the passed term is submitted to degree of jurisdiction in the place of execution with appendix of proofs of impossibility of presentation of the executive document to execution in time.

(3) the Application is considered in judicial session with the preliminary notice of the parties on the place, date and time of its consideration, however absence of the parties is not obstacle for consideration of the application.

(4) Determination according to the statement for recovery of the passed term can be appealed in cassation procedure.

Article 19. Issue of the duplicate of writ of execution

(1) in case of loss or spoil of writ of execution the degree of jurisdiction which issued writ of execution issues its duplicate not later than in 5-day time.

(2) the Application for issue of the duplicate can be submitted by the claimant or the bailiff with appendix of the proofs confirming loss or spoil of writ of execution. The application for issue of the duplicate is considered based on the case papers and/or materials enclosed to the application. The degree of jurisdiction considering the application can dispose about challenge of participants of process they could pass opinion on the bases given in the statement.

(3) In case of refusal to issue the duplicate of writ of execution the degree of jurisdiction takes out motivated determination which can be appealed in cassation procedure.

Article 20. Error correction and omissions in writ of execution

(1) the Degree of jurisdiction on own initiative or according to the statement of participants of process or the legal executive can correct errors or the omissions in the text of writ of execution relating to identification and fiscal these (bank details) of the parties, their procedural status, any plain errors of material nature or concerning calculations which do not change essence of substantive provisions of the decision. The question of correction of such mistakes is considered based on the case papers and/or materials enclosed to the application. The degree of jurisdiction considering the application can dispose about challenge of participants of process and the legal executive they could pass opinion on the bases given in the statement.

(2) the determination which is Taken out by degree of jurisdiction according to the statement can be appealed in cassation procedure.

Chapter III Legal executive

Article 21. Legal executive

(1) the Legal executive is the single person, the representative to perform forced execution of executive documents.

(2) Making of acts on forced execution by other persons attracts the responsibility provided by the law.

Article 22. Rights and obligations of the legal executive

(1) the Legal executive has the right:

a) issue procedural acts within the competence established by the law;

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

c) request and to receive free of charge on paper and in real time from the central and local authorities of the public power, 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, any information promoting identification of the debtor, its property and their location if it has no access to the information system containing this information;;

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

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

f) enter with the consent of the debtor or adult members of his family (and in case of lack of their consent - with the assistance of law enforcement agencies) the placements which are the residence or the location of the debtor and also to other rooms and warehouses belonging to the debtor and being in its use and to make their survey;

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

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

i) perform conciliation of the parties at pre-judicial stage and during enforcement proceeding;

j) establish at the request of the interested person the facts and the actual situations;

j) report to the concerned party on its request procedural acts;

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

m) perform compensation of debts by mutual consent;

n) apply interim measures in real time;

o) issue copies of the acts containing in executive case, to the third parties who are not involved in enforcement proceeding only in the procedure established by the law and based on the written application;

p) receive the royalties and charges for the performed types of activity in the procedure provided by the law;

q) turn collection on money of the debtor (both cash, and being on its bank accounts) and on its income (the salary, pension, grant and other income) and to exercise control of correctness of execution of its instructions concerning the address of collection on money and the income of the debtor;

r) request from bank institution information on balance in cash on the account of the debtor at the time of receipt of request with immediate and unconditional issue of the bank statement and information reference;

s) obtain information from bank institutions on the transactions made according to bank accounts of the debtor, the procedure and order of registration of the documents received from legal executives, and also information from registers of access for persons to metal cells (safes) leased by the debtor and his spouse / spouse;

t) turn collection on the money and property of the debtor which are at the third parties including in financial institutions;

withdraw t-1) from the debtor the objects specified in the executive document;

u) receive in time and unconditionally support from law enforcement agencies, and also the central industry bodies of public management and bodies of local public authority;

v) demand from the physical persons and legal entities of making of actions or failure to act following from the law or legal relationship for the purpose of effective fulfillment of the executive document;

w) dispose about the announcement in search and detention of vehicles and to identify property of the debtor;

x) ask according to the statement of the claimant degree of jurisdiction about application to the debtor of prohibition on departure from the country if its departure will make impossible or will complicate execution of the judgment;

y) request if necessary from the bodies which issued executive documents, reasonable explanation of their substantive provisions, and also explanation of method and procedure for their execution;

z) use in case of execution of the powers of means of audio recording, photo and video filming.

(2) the Legal executive shall take the measures provided by the law for operational execution of executive documents and explain to participants of enforcement proceeding of their right and obligation.

Article 23. Effects of failure to meet requirements of the legal executive

(1) If actions (failure to act) of persons, it is groundless not fulfilling requirements of the legal executive or interfering execution of the executive document, offense elements contain, the legal executive constitutes the protocol on offense and submits it degree of jurisdiction. If the specified actions contain crime elements, the legal executive directs the corresponding materials to criminal prosecution authorities.

(2) in case of failure to carry out by persons, not being the parties of enforcement proceeding, part provisions (1) articles 63, of articles 92, of 98, 99 and parts 2 of Chapter VIII of this Code or representation of unreliable information by them, and also in other cases provided by the law the claimant has the right to demand collection from them of the amount which is subject to collection from the debtor and is not collected on their fault and also compensation of the caused damage.

Article 24. Charge of percent, penalty fee and other amounts following from execution delay

(1) According to the statement of the claimant the legal executive has the right to estimate and collect the percent, penalty fee and other amounts following from execution delay taking into account the rate of inflation and according to provisions of Article 619 of the Civil code. The statement for calculation of the amounts following from execution delay can move only to the legal executive who received the executive document which determines primary obligation, before repayment of the obligation. The specified amounts are charged from the date of finding by the decision of degree of jurisdiction of final nature or, in case of other executive documents, from the date of approach of completion date of the requirement and about day of real repayment of the obligation containing in any of these documents with inclusion in the charged period also of the term of suspension of enforcement proceeding according to provisions of this Code.

(2) Determination of the legal executive is taken out according to part (1) this Article only at the time of collection/execution of the amount of primary obligation. This determination is the executive document and can be appealed in 10-day time from the date of its removal. This determination becomes the executive document after finding of final nature by it if only the debtor does not agree to its immediate execution. The legal executive establishing primary obligation is responsible for issue and execution of this determination.

(3) Provisions of this Article are not applied to the executive documents relating to punishments for offenses or to criminal penalties.

Article 24-1. Sale of the pledged / mortgage property at the request of the claimant-zalogoderzhatelya

(1) the Legal executive can sell the pledged / mortgage property in accordance with the terms and rather, provided by the Law on pledge No. 449-XV of July 30, 2001 and the Law on mortgage No. 142-XVI of June 26, 2008.

(2) the Auction selling pledged property for the statement of the claimant pawnbroker will be organized according to the procedures established by Articles 128-135 of this Code with the departures established by this Article, the Civil code, the Law on pledge No. 449-XV of July 30, 2001 and the Law on mortgage No. 142-XVI of June 26, 2008.

(3) Conditions and procedure for sale of the pledged / mortgage property are established by the agreement signed by the claimant pawnbroker including mortgage, with the legal executive, without prejudice to part provisions (2) this Article.

(4) Starting price of the property offered for auction is the price specified in the appraisal report. With the consent of the pledger it can be lowered in the limits specified in part (1) Articles 132 of this Code.

(5) the Participant who won auction signs with the claimant – the mortgage pawnbroker the purchase and sale agreement of property which forms the basis for registration of the property right to the acquired property.

(6) In the cases specified in Items a) – d) parts (1) articles 139 of this Code, at the request of the claimant pawnbroker the legal executive will organize repeated auction with observance of conditions of the announcement of auction and with possibility of reduction in price in the amount of, not exceeding stipulated in Clause 140th of this Code.

(7) If on the pledged / mortgage property recovery by enforcement by other claimants is turned, sale of property is performed by the organization of auction, except for case when all claimants agree to carrying out sale otherwise.

Article 25. Ascertaining of the facts and actual situations

(1) According to the statement of the interested person the legal executive can establish any facts and the actual situations, including for the purpose of execution of determination on providing proofs. Ascertaining is performed by means of creation of the act having evidential force. The facts established by means of the statement which is drawn up by the legal executive can be used as proofs in legal procedure and do not require additional proof, being valid before proof of the return.

(2) In case of creation of the act of ascertaining the legal executive reflects in it only the situations and the facts which are present objectively without formulation of conclusions and estimates.

(3) When ascertaining the facts and actual situations the legal executive has the right to use technical means.

(4) Collection is paid for ascertaining of the facts and actual situations by the party which demanded their ascertaining.

(5) When ascertaining the facts or actual situations the legal executive does not apply measures of forced execution.

(6) single number according to the procedure is assigned to the Stating act, established by Council of National union of legal executives.

Article 26. Implementation of audio recording and photo, video filming during enforcement proceeding

(1) When making executive actions the legal executive on own initiative or according to the statement of participants of enforcement proceeding has the right to perform audio recordings and photo, video filming. About it persons participating in executive actions inquire and the corresponding entries in the protocol are made.

(2) the records Performed by the legal executive during enforcement proceeding and shooting are filed about enforcement proceeding.

Article 27. Execution of measures for providing the claim and measures for providing the proofs requested by degree of jurisdiction

(1) the executive documents Issued by degree of jurisdiction which provide application of measures for providing the claim or for providing proofs or their cancellation are carried out by means of the legal executive.

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

(3) Determination about application of measures for providing is performed without delay, and determination on their cancellation - from the moment of finding by determination of final nature.

(4) the Legal executive takes measures for providing the claim within the size of the pushed claims. If the degree of jurisdiction directly does not specify objects to which measures for providing, or measures which shall be undertaken are applied, the legal executive has the right to impose bans or arrest on all property of the defendant taking into account provisions of Article 176 of the Code of civil procedure. According to the statement of defense in case he is able documentary to prove that the cost of distrained property considerably exceeds the claim size, arrest is imposed only that property which cost covers the claim size.

(4-1) After application of measures for providing the claim the property remains stored in the place specified by degree of jurisdiction. In case that is not specified, general regulations of this Code are applied. Measures for providing are performed without delay, without the need for the notice of the parties.

(5) Execution of categories of the executive documents provided by this Article is performed according to this code and the Code of civil procedure with the departures established by this Article.

(6) the Measures for providing the claim which are carried out by the legal executive remain in force before accomplishment of the secure judgment or cancellation of determination based on which they were applied.

(7) the applicant is informed On the measures taken by the legal executive.

(8) based on the final judgment on cancellation of measures for providing the claim the legal executive disposes about cancellation of these measures.

(9) Expenses on carrying out of measures for providing the claim are assigned to the claimant and are compensated afterwards according to Articles 94-97 of the Code of civil procedure.

(10) According to the statement of the interested person the legal executive states observance of the applied measures for providing according to article 25 of this Code.

(11) Indemnification, caused by providing the claim, can be collected from the claimant according to provisions of Article 182 of the Code of civil procedure.

Article 28. Message of procedural acts and other documents

(1) at the request of the concerned party the action for declaration, procedural acts issued by degree of jurisdiction or the legal executive and other documents can be told participants of process and interested persons through bureau of the legal executive.

(2) the Legal executive personally or through the employees shall organize the message of procedural acts not later than within 3 working days from the date of filing of application and payment of charges for its services.

(3) Charges are paid for the message of procedural acts by the party which requested their message.

(4) the Message of procedural acts can be performed by their delivery or the different ways provided by this code and the Code of civil procedure.

Article 29. Protocol on delivery of the procedural act and other documents

(1) In case of delivery of procedural acts and other documents the protocol on delivery of the procedural act containing is constituted:

a) year, month and day of its creation;

b) surname, name and position of the constituted his face;

c) surname, name and residence of the addressee;

d) the name of the body which issued the procedural act, and the name of the act;

e) contents of the act which is subject to delivery;

f) surname, name and the status of person who is handed the act;

g) the signature of person which constituted the protocol.

(2) Refusal or impossibility of signing of the protocol as assurance of receipt of the procedural act or other document is specified in the protocol. The protocol is handed to the party which requested delivery of the procedural act or other document.

Article 30. Territorial competence

(1) the Legal executive can undertake measures for forced execution only in the district of territorial chamber of legal executives in the territory of which there is its bureau.

(2) In departure from part provisions (1):

a) in case of accomplishment of measures for providing the claim or in case execution is performed by the address of collection on vehicles, money on accounts of the debtor, securities or share of participation of the debtor in the authorized capital, territorial competence of the legal executive extends to all territory of the country;

b) in case of execution of executive documents by the address of collection on the salary or other income of the debtor of power on execution belong to the legal executive in whose territorial competence established by territorial chamber of legal executives there is location of organization (organization) providing the income to the debtor.

(3) Executive documents concerning collection of periodical payments and executive documents on the cases provided in part (2) articles 15 of this Code, except for provided in Item c), are shown to execution to the legal executive in whose territorial competence established by territorial chamber of legal executives there is residence or the location of the debtor or the location of penal institution in which the debtor serves sentence.

(4) Executive documents on the cases provided in Item c) of part (2) articles 15 of this Code, are transferred by degree of jurisdiction on own initiative to execution to the legal executive specified by the claimant in the statement for issue of writ of execution.

Article 31. Consolidation of enforcement proceedings and settlement of the conflicts of competence

(1) If in relation to the same property are performed by different legal executives several forced execution, they can independently agree about carrying out single execution concerning the corresponding property, applying the procedure of the notification, stipulated in Article 101 of this Code. In this case the legal executive continuing execution draws up the acceptance act of execution which is handed to the parties of enforcement proceeding and the legal executives who joined the address of collection.

(2) If as a result of application of provisions of part (1) this Article there is competence conflict which is shown in not notification according to part (1) articles of 101 of this Code about accession to the address of collection or in mutual departure of the notification, the territorial chamber in which district legal executives act according to the statement of the interested person or one of legal executives in 5-day time disposes about carrying out single execution by the legal executive which enforcement proceeding concerning the corresponding property is at more advanced stage and if execution is at identical stage, – the legal executive who the first began execution, then – the legal executive who has executive document ordering collection of the greatest amount if the law does not provide other. If one of legal executives consists in governing bodies of territorial chamber, competence of the conflict resolution is established according to internal regulations of National union of legal executives.

(3) In all cases of consolidation of enforcement proceedings the fee which is due for each execution is distributed between legal executives as follows: one third – to legal executives who united for the address of claim to property, two thirds – to the contractor who made the address of collection.

(4) Along with consolidation of productions the legal executive transfers the copy of the executive document and the sheet by calculation of expenses for execution.

(5) After consolidation the address of claim to property concerning which execution was carried out proceeds from the most advanced executive action. The document on consolidation of productions is published in 3-day time from the date of its removal on the web page of National union of legal executives and shown including to legal executives who will begin the address of collection on the same property after consolidation. If after consolidation there are other encumbrances / arrest on the property covered by consolidation, claimants for benefit of whom are established encumbrance/arrest participate in distribution of the amount received from realization of property. In case of sale/cession of property concerning which consolidation was carried out cancellation of all measures for providing is offered by the legal executive who sold/gave property.

(6) the Refusal after consolidation of productions of any of creditors of the address of collection cannot prevent continuation of execution from the most advanced executive action.

(7) the competence Conflict between legal executives from the district of one territorial chamber of legal executives is resolved by this chamber at the request of the concerned party.

(8) If the conflict provided by part (2) this Article, arises between legal executives whose bureaus are located in districts of different territorial chambers of legal executives, competence of the conflict resolution belongs to National union of legal executives.

(9) the Conflict of competence is resolved no more than in 5-day time by pronouncement of the motivated resolution.

(10) the Conflict resolution, the resolutions of territorial chamber of legal executives connected with failure to carry out, is within the competence of National union of legal executives.

Article 32. Transfer of the executive document

(1) the Executive document can be transferred by the legal executive on own initiative or according to the statement of the claimant to other legal executive determined according to article 30 of this Code in the following cases:

a) the legal executive has no territorial competence according to provisions of article 30 of this Code any more;

b) the executive document was accepted with violation of territorial competence;

c) according to the reasonable statement of the claimant.

(2) In the cases provided in Items a) and b) parts (1) this Article, the legal executive transfers the executive document by removal of determination which can be appealed in degree of jurisdiction. In case of transfer based on Item c) parts (1) this Article determination is not subject to appeal.

(3) After finding by determination of final nature the legal executive transfers the executive document together with the copy of enforcement proceeding certified by it and appendix of the sheet by calculation of expenses for execution.

(4) the Legal executive who received the executive document after its transfer draws up the acceptance act of execution which copy is handed to the parties of enforcement proceeding and the legal executive who transferred the executive document.

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Effectively work with search system

Database include more 50000 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.
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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.