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.
Appealing the bailiff's acts
Participants in enforcement proceedings and other interested persons whose rights or legally protected interests have been violated by any enforcement act may appeal this act in accordance with the law.
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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Administrative Code of the Republic of Moldova No. 116/2018
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Contravention Code of the Republic of Moldova No. 218/2008
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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