The bill with amendments to the Execution Code, proposed by a group of MPs, obeys the principle of transparency, but contains provisions that run counter to the Constitution, said the Center for the Analysis and Prevention of Corruption (CAPC), which examined the document.
In a news conference at IPN, CAPC president Galina Bostan said an appraisal made by a group of Swedish specialists showed that the bill contains positive provisions, such as the reduction in the honorariums of bailiffs proportionally to the work done by them and depending on the method of implementing the court decision by the debtor. If the debtor fulfils the decision within 15 days, the honorarium of the bailiff paid by the debtor will be halved. If the debtor does no fulfill the decision with 15 days, the honorarium will be 100%.
Galina Bostan said another beneficial element is the capping of the honorariums of bailiffs to 500,000 lei. The national legislation does not contain such provisions at present. “The idea of capping the honorarium is welcome, but there are objections as to the size of the sum. Public consultations with civil society are needed to analyze the practice of other states and to set the adequate sum,” stated the CAPC president.
CAPC expert Viorel Parvan said there are also negative provisions, including the exclusion of voluntary fulfillment of a court decision from the Execution Code. This is against the case law of the Constitutional Court, which earlier pronounced on this aspect. Any debtor must have the chance to voluntarily implement the court decision before being forced to do it.
Viorel Parvan also said that the authors of the bill propose that the bailiff should be banned from sequestrating the property and applying other procedures, which provide guarantees that the court decision will be implemented, until the term of 15 days expires. “The bailiffs will be deprived of this right and there are chances that these decisions will not be implemented. The ECHR convicted Moldova of such violations,” he stated.
The bill was drafted by MPs Simion Grishchuk, Lilian Zaporojan and Andrei Vacarciuc. It was examined by Parliament in thaw first reading.
