of December 24, 2004 No. 443-XV
The parliament accepts this code.
Book the first
Execution of solutions of civil nature
(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.
The legal executive provides forced execution of executive documents in strict accordance with this code and other regulations.
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.
(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.
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.
(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.
(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.
(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.
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.
(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.
Treat executive documents and are performed according to provisions of this Code:
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;
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;
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