Bailiffs become private

On July 23rd, 2010 Law on bailiff was enacted.

This new law implemented the concept of private bailiffs, who shall conduct forced enforcement of court decisions. It also offered a new structure of bailiff system, introducing the Bailiff’s National Union as the bailiff’s supreme self-management body, set above three Territorial Chambers. Bailiffs shall conduct their activities in offices, which may be incorporated by one or several licensed professionals.

Bailiff activity became subject to licensing, while most of current bailiffs are eligible for that license and may continue enforcing existing procedures. Bailiffs preserved their state authority powers and competences.

Bailiffs shall be appointed to desired territorial circumscriptions of district courts, with due consideration to their preferences when possible. They shall conduct enforcement procedures only within territorial circumscription. There is a single exception to that rule in respect of bailiffs who are appointed to Chisinau, as there are 5 district courts in the capital city, so these bailiffs have competence for the entire city.

Bailiff quote should be one per 22.000 inhabitants, but not less than 2 per territorial circumscription.

It is expected that this reform shall enhance competition as bailiffs would be generally entitled for their fees only after proper enforcement had been conducted. Although, creditors are bound to pay enforcement costs and expenses in advance. Bailiffs shall have to cover all their administrative office costs, unlike in past when these expenses were covered by the government.

Generally the new system is structured similarly to national advocacy system, with due reference to pending amendments to the latter.

 

AEA
Fundaţia Filantropică Medico-Socială “Angelus Moldova”
Asociaţia Pro Umanitas în Moldova
ONG
Curcubeul Speranţelor