The Executive Code is a legislative act that regulates the procedure for the compulsory execution of court decisions, as well as the activities of bailiffs.
Key provisions include the deadlines for presenting a writ of execution for enforcement, the courts' jurisdiction in enforcement proceedings (issuing documents, considering issues of reversing enforcement, and reinstating deadlines), and the grounds for invalidating writs of execution.
The task and purpose of enforcement proceedings
- (1) The task of enforcement proceedings is to facilitate the implementation of the rights of creditors recognized by the enforcement document presented for execution in accordance with the procedure established by law.
- (2) In order to fulfill the task provided for in part (1), the legislation on enforcement proceedings establishes the competence of the bailiff, the procedure and conditions for the compulsory execution of enforcement documents.
The principle of legality
The bailiff ensures the compulsory execution of enforcement documents in strict accordance with this code and other regulations.
Key Aspects
- Writ of Execution: Issued after the court decision has entered into legal force, except in cases of immediate enforcement.
- Presentation Deadlines: A writ of execution may be presented for enforcement within three years of the court decision entering into legal force, unless otherwise provided by law.
- Invalidity of Writs of Execution: Grounds for invalidating a document may include its inconsistency with the law, violation of the rights or freedoms of citizens, or the illegal imposition of any obligations on someone.
- Court Jurisdiction: The court issues writs of execution, reviews enforcement reversals, and reinstates missed deadlines.
Enforcement Documents
According to Article 11, the following are considered enforcement documents and are executed in accordance with the provisions of this Code:
- a) writs of execution issued by a judicial authority (courts) in accordance with the law;
- b) decisions made by judicial authorities in administrative cases, rulings, and orders of judicial authorities, unless otherwise provided by law;
- c) decisions (rulings) in cases of offenses, including those made by formally examining bodies in accordance with the competence established by law, writs of execution in criminal cases, and sentences in criminal cases regarding the collection of a fine, as well as a civil claim;
- c1) rulings of a judge in criminal proceedings, obliging the performance of certain actions related to the transfer/transfer/return of property;
- d) decisions on exemption from criminal liability with imposition of liability for an offense in the form of a fine;
- e) writs of execution issued on the basis of arbitral awards;
- f) writs of execution issued on the basis of foreign court decisions and foreign arbitral awards, recognized and authorized for enforcement in the territory of the Republic of Moldova;
- g) decisions of the Constitutional Court on the imposition of a fine;
- h) orders of a bailiff, protocols of a bailiff, which fix the terms of a settlement agreement between the parties in accordance with Article 62 of this Code;
- and other items, see Article 11 of the Code
Time Limits for Presenting Writs of Execution
The Enforcement Code of the Republic of Moldova contains articles on the deadlines for presenting writs of execution for enforcement:
- Article 16. Time Limits for Presenting Writs of Execution for Enforcement
- Article 17. Interruption of the Limitation Period for Presenting a Writ of Execution for Enforcement
- Article 18. Restoration of a Missed Time Limits
According to Article 16 "Time Limits for Presenting Writs of Execution for Enforcement"
- (1) A writ of execution may be presented for execution within three years after the court decision on the basis of which it was issued has become final, unless otherwise provided by law.
- (2) A writ of execution for the collection of periodic payments remains in force for the entire period during which payments are required to be made. The period specified in paragraph (1) of this article shall apply to each periodic payment separately and shall commence on the due date of each payment.
- (3) Court decisions in administrative cases shall be submitted for enforcement in accordance with the provisions of Chapter VI of Book Three of Administrative Code No. 116/2018.
- (4) Decisions in cases concerning offenses shall be submitted for enforcement within the time limits established by the Contravention Code (Small Offenses), unless otherwise provided by law.
- (5) The time limits for submitting writs of execution shall be determined in accordance with Article 111 of the Civil Procedure Code.
Independence of the Bailiff
- (1) When executing enforcement documents, the bailiff is independent and is subject only to the law.
- (2) Any interference in the activities of executing enforcement documents is unacceptable and entails liability provided for by law.
Binding nature of the bailiff's demands
- (1) The bailiff's demands, presented in the manner established by this code and other regulatory acts, are binding on all public authorities, legal entities, officials and individuals.
- (2) Persons who fail to comply with the bailiff's demands or who obstruct their compliance shall bear liability as provided by law.
Enforcement Costs
Article 36. Enforcement Costs
- (1) Enforcement costs consist of fees for the execution of the bailiff's acts, the costs of enforcement proceedings, and the bailiff's fee.
- (2) The payers of the fees for the execution of the bailiff's acts and the costs of enforcement proceedings are jointly and severally the creditor and the debtor in the enforcement proceedings, unless otherwise provided by law. If the creditor has fully advanced the costs of enforcement, the debtor in the enforcement proceedings becomes the payer of the costs.
- (3) The party requesting the execution of the bailiff's act or action within the framework of enforcement proceedings is obligated to advance the fees for their execution and the necessary costs of enforcement proceedings. For acts or actions ordered by a bailiff and performed on their own initiative, the costs are advanced by the claimant, except in cases where payment obligations are collected in favor of the state in accordance with the provisions of Part (7) of Article 37.
- (4) If, in accordance with the writ of execution, several persons act as debtors, they shall jointly and severally pay the costs of enforcement.
- (5) An interested party may request reimbursement of advanced enforcement costs by submitting a corresponding application to the bailiff and presenting proof of payment of the costs. Amounts to be collected as enforcement costs are collected on the basis of a ruling issued by the bailiff, without summoning the parties. This ruling is an enforcement document. If the costs have not been advanced, the bailiff shall issue a ruling on their collection based on a statement of calculations of enforcement costs.
Appealing Enforcement Acts
Participants in enforcement proceedings and other interested parties whose rights or legally protected interests have been violated by an enforcement act may appeal that act in accordance with the law.
Articles 161–164 detail issues related to appealing enforcement acts and actions of the bailiff, appeal deadlines, the procedure for reviewing applications, and the protection of third-party rights.
Enforcement acts drawn up by the bailiff, or the actions or inactions of the bailiff, may be appealed by the parties and other participants in the enforcement proceedings, as well as third parties who believe their rights have been violated.
- Complaints are filed with the court at the location of the bailiff's office or with the territorial court, unless otherwise provided by law.
- An enforcement order or actions/inactions drawn up by a bailiff may be appealed by parties to the enforcement proceedings and third parties within 15 days from the date they learned or should have learned of them, unless otherwise provided by law.
- If an order drawn up by a bailiff is appealed, the burden of proof falls on the plaintiff.
- Writs of execution drawn up by a bailiff that are essentially lawful cannot be annulled for formal reasons.
- An appeal does not suspend the execution of the order, except in cases provided for by the Code.
- If the appeal is dismissed, the plaintiff may be required to pay damages and a court fine.
- A court ruling establishing the unfoundedness of a bailiff's refusal to execute an enforcement act is subject to immediate enforcement.
- In the event of failure to comply with a court ruling, the court may impose a fine on the bailiff.
We recommend that you read the full text of Articles 161–164 of the Enforcement Code of the Republic of Moldova for a detailed understanding of the procedure for appealing bailiff actions, the deadlines for filing complaints, as well as the review procedure and possible consequences.
- Article 161. Persons Entitled to Appeal Enforcement Acts
- Article 162. Time Limit for Appealing Enforcement Acts
- Article 163. Application Review Procedure
- Article 164. Protection of the Rights of Others
The main legal basis of the Republic of Moldova
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Executive Code of the Republic of Moldova No. 443/2004
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Civil Code of the Republic of Moldova No. 1107/2002
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Civil Procedure Code of the Republic of Moldova* No. 225/2003
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Contravention Code of the Republic of Moldova No. 218/2008
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Administrative Code of the Republic of Moldova No. 116/2018
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Criminal Code of the Republic of Moldova* No. 985/2002
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Criminal Procedure Code of the Republic of Moldova No. 122/2003
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Law on State Fees of the Republic of Moldova
Law of the Republic of Moldova No. 213/2023 regulates the collection of State fees and Stamp duties for a specified list of legally significant actions and the issuance of documents by state bodies, including applications to the court (claims, appeals, cassation complaints), applications to challenge the acts and actions of an court executir (bailiff), issuance of copies (duplicates) of documents by the court, review of applications for citizenship of the Republic of Moldova, issuance of temporary or permanent residence permits, issuance/restoration of civil status documents (passports, birth certificates, marriage certificates, etc.), state registration at the place of residence and/or temporary stay, execution of notarial acts etc.
State-Guaranteed Legal Aid
In Moldova, State-Guaranteed Legal Aid is regulated by Law No. 198/2007 and includes two main types: primary and qualified. It is provided to Moldovan citizens, foreigners, and stateless persons who lack sufficient funds to pay for services. It covers consultations, document drafting, and representation in court (criminal and civil).
The system is managed by the National Legal Aid Council, and provision is overseen by territorial offices (Chisinau, Balti, Cahul), which verify the applicant's eligibility.
Types of Legal Aid
- Primary: Information about the legal system, rights and responsibilities, consulting, assistance in drafting documents (not included under qualified).
- Qualified: Consultations, document drafting, representation/defense in criminal, civil, and administrative proceedings (including offense cases), representation before government agencies.
Who is eligible?
- Moldovan citizens, foreigners, and stateless persons who cannot afford legal services.
- In criminal cases, defense by a lawyer (appointed by the state) is mandatory from the moment of arrest.