Bailiffs deny accusations of complicity in raider attacks
“The National Union of Bailiffs is concerned about the statements made by Prime Minister Vladimir Filat, whereby he made unjustified and unclear accusations against the court decision implementation system and disseminated untrue information,” the Union says in a communiqué.
The authors of the communiqué say the bailiffs act only under court decisions and are obliged to implement the orders made by courts. According to them, the Premier was misinformed about a number of aspects. The implementation of ‘definitive’ court decisions (i.e. those issued by the first court) wasn’t a legislative novelty instituted with the reform of the implementation system. This norm has existed in the legislation of Moldova and other states, and in the country’s Constitution.
“In the case of BC Moldova-Agroindbank, the implementation order presented to the bailiff said the decision was definitive and thus the bailiff cannot question or neglect this aspect. Moreover, the decision became irrevocable as it can no more be appealed,” it is said in the communiqué.
The Union denies the assertions that the legislative shortcomings left out during the reform of the court decision implementation system facilitated the raider attacks on the banking system. “The laws about the given reform were examined by foreign experts, who said they were in compliance with the international standards. Furthermore, owing to the results achieved, the National Union of Bailiffs was accepted into the relevant international organization, which, in this context, awarded distinctions to the Premier and Minister of Justice for the progressive reforms promoted,” reads the communiqué.
The Union considers that such statements make the people distrust the court decision implementation system and all the bailiffs and can affect the quality that the system gained owing to the reform carried out in a state that wants to become part of the EU.
“The statements that the bailiff committed illegalities and will be thus deprived of license (before the competent bodies pronounced on the issue) will have an intimidation effect on the bailiffs, which, together with the Government’s intention to make only the irrevocable court decisions liable for implementation, will lead to a delay in the process of forced implementation. Thus, the danger that the country’s credibility as regards property protection may decrease will become imminent. But a country with an inefficient and hesitant implementation system controlled by the political forces cannot be a safe and attractive place for investors,” the National Union of Bailiffs says in the communiqué.