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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 20, 2016 No. 889

About approval of the Regulations on procedure for execution of resolutions and decisions of the European Court of Human Rights

Based on article 17 of the Law No. 151 of July 30, 2015 on the Government representative (The official monitor of the Republic of Moldova, 2015, Art. No. 224-233, 455) DECIDES: the Government

Approve Regulations on procedure for execution of resolutions and decisions of the European Court of Human Rights it (is applied).

Prime Minister

Paweê Phillip

Countersign:

deputy. Prime Minister, Minister of Foreign Affairs and European Integration

 

Andrey Galbur

Minister of Finance

Octavian to Armash

Minister of Justice

Vladimir Chebotar

Approved by the Order of the Government of the Republic of Moldova of July 20, 2016 No. 889

Regulations on procedure for execution of resolutions and decisions of the European Court of Human Rights

I. General provisions

1. The regulations on procedure for execution of resolutions and decisions of the European Court of Human Rights (further – the Provision) determine the bodies responsible for execution of resolutions or decisions of the European Court of Human Rights (further – Court), the mechanism of execution of measures of individual and general nature, and also development and submission of plans and reports on actions to Committee of ministers of the Council of Europe (further – Committee of ministers).

2. For the purpose of this provision the following concepts are used:

sum of money - the quantity of money appointed as fair satisfaction with the resolution or the judgment or provided by the agreement on friendly settlement of the case which is under consideration of Court or the unilateral declaration approved by the judgment:

the beneficiary – the receiver, physical person or legal entity to which the sum of money by the resolution or the judgment or under the agreement on friendly settlement of the case which is under consideration of Court or the unilateral declaration approved by the judgment is awarded;

the action plan – the document developed by the Government representative to support of specialized division as a part of central office of the Ministry of Justice together with relevant organs, establishing measures which state bodies shall undertake for execution of resolutions or the judgments;

the report on actions – the document developed by the Government representative to support of specialized division as a part of central office of the Ministry of Justice together with responsible bodies in which the taken measures for execution of the resolution or the judgment are reflected and/or furnishes motivated explanations for which first-priority and/or additional measures are necessary.

II. Bodies responsible for execution of resolutions or judgments

3. The government through competent central and/or local authorities of public management accepts, under control of Committee of ministers, measures of individual and/or general nature for the purpose of execution of resolutions and the judgments and mitigation of consequences of the violations established by Court.

4. Monitoring of execution of resolutions and the judgments is performed by the Government representative to support of specialized division as a part of central office of the Ministry of Justice.

5. Measures of individual nature concerning payment of sums of money are performed by the Ministry of Finance irrespective of, provides or does not provide the law on the government budget the current year of funds for these purposes.

III. Execution of measures of individual nature

Section 1. Initiation of the procedure and stages of execution of resolutions or judgments

6. The government representative initiates the procedure of execution after formation final resolutions or the judgments.

7. For execution of measures of individual nature the Government representative informs on it relevant organs within one month from the date of formation final resolutions or the judgments. The informed bodies are responsible for execution of the resolution or the judgment.

8. Stages of execution of the resolution or judgment following:

1) transfer into Romanian of resolutions or the judgments on the cases directed against the Republic of Moldova;

2) distribution of resolutions or judgments;

3) plan development of actions for the purpose of execution of the resolution or the judgment, its approval of competent authorities and representation of ministers to Committee;

4) request of bank details of the beneficiary or its consent for the purpose of transfer of sums of money to the special account opened for this purpose by the Ministry of Finance;

5) the direction on execution to the Ministry of Finance of resolutions or judgments;

6) transfer of sums of money to the special account of the beneficiary opened for this purpose by the Ministry of Finance or to the account specified by the beneficiary and informing on it Committee of ministers and the beneficiary of payment;

7) request from competent authorities of information on the measures taken and/or planned as a result of pronouncement of the resolution or the judgment;

8) development of the report on actions for execution of the resolution or judgment, its approval of competent authorities and representation of ministers to Committee.

Section 2. Features of payment of sums of money

9. The government representative informs the applicant on entry into force of the resolution or the judgment and asks to provide document package, necessary for transfer of sum of money which will enter:

1) consent on transfer of sums of money to the special account opened for this purpose by the Ministry of Finance, signed by the beneficiary;

2) copy of the identity certificate;

3) the statement of the beneficiary for cases when he asks to transfer sum of money to other, than the special account opened for this purpose by the Ministry of Finance;

4) the notarized power of attorney for cases when the beneficiary acts through other person, and the copy of the identity certificate of the authorized person.

10. If the beneficiary is physical person, sums of money cannot be paid to the other person, than is clear designated by Court, except for case when the beneficiary authorized this right other person, and in cases, stipulated in Item 18.

11. In case the Court appoints two or more persons as beneficiaries and determines general sum of money for all, it is distributed in equal size if the agreement between beneficiaries does not cause other.

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