Judges risk penalties if they favor plaintiffs who bypass legal ways

The courts were warned not to recognize the ownership right over a constructed building if the plaintiff does not have all the necessary documents issued by the local authorities, the president of the Supreme Court of Justice Mihai Poalelungi told Info-Prim Neo. He said that more unauthorized constructions have appeared lately because those who erect them bypass the legal ways and try to obtain the ownership rights through court without having all the required documents. Mihai Poalelungi said the present norms stipulate that the person who erected a building based on a legal construction authorization must afterward go to the local authorities that verify the sanitary and technical norms. If the norms are respected, they issue a relevant decision. Only after that, the person can go to the cadastral body to register the ownership right. However, the people over the last three-four years avoid covering the legal path and paying the obligatory taxes into the budget, especially in the municipality of Chisinau. With the help of judges, they confirm their ownership right by court decision. “Disciplinary penalties will be imposed on the judges who will issue such illegal decisions. They may be even dismissed,” said Mihai Poalelungi. He also mentioned another practice that is illegally used in the judicial system – passing of decisions to allocate dwellings or plots. The legislation allows the person to submit an application to the local authorities and ask being given a dwelling or a plot from the available stock. There are a number of cases when these applications are rejected for different reasons or the persons are put on the waiting list. Some persons go to court and, after reaching agreements with the judges, obtain decisions obliging the authorities to allot a plot of land or a dwelling or to pay their value. Among the persons who resorted to such illegal methods are judges who obtained this way houses for each other. “We want to provide explanations to all the courts so that they know and implement the law,” said Mihai Poalelungi. He specified that some of the decisions passed illegally, which are still in force, will be annulled.