Renuntarea la libertate inseamna renuntarea la conditia de a fi om, tradarea atat a drepturilor umanitatii, cat si chiar a obligatunilor acesteia. Jean Jacques Rousseau

Press release

Centre for the Analysis and Prevention of Corruption has made the corruption proofing of draft law on the organization of the forced execution, developed by the Ministry of Justice.

According to notes, "the draft law on organizing the work of forced execution t has been developed to perform the work program of the Government of Moldova 2009-2013" European Integration: Freedom, Democracy, Welfare "which contains the objective" Reforming the system of implementation of judicial decisions system by establishing private bailiffs.’’ During the drafting process was analyzed the legislation of the following countries: Romania, Albania, Lithuania, Latvia, Estonia, Bulgaria (states where the private enforcement system is established).

In the expert report Center for Analysis and Prevention of Corruption has indicated that it would be a useful information note containing an assessment of the facts of the system of public enforcement of RM: to show the number of judicial decisions executed (by categories of decisions) , a bailiff monthly charge,reasons for non-execution of judicial decisions , evolution in system performance of the RM, the advantages of the private system,the number of convictions of RM at CEDO because of non-execution of judicial decisions, etc.. This "radiogram" of execution of the current system could provide a starting point for measuring success or failures of reform.

Although the actual implementation of the new rules do not require financial expenditure (rather, the state intends to "get rid" of maintenance expenses of bailiffs), however,an assessment of the material means located in the management of the Department of enforcement ,which subsequently will be sent free of charge to bailiffs offices. It would be also useful to specify the financial resources supported by the State annually for maintenance of the Department of enforcement and what would be the estimated benefits of implementing the new system.

In conclusion, the Center for Analysis and Prevention of Corruption has shown that adoption of the draft will mark the transition to a private system of enforcement of judicial decisions, which, according to the authors, will encourage and motivate bailiffs by the possibility of obtaining a worth income, proceeding from the effort and work done, however:

  • next, should be examined the possibility to obtain automatically the license of bailiff by the current bailiffs and by the employees of the department of enforcement; of any new system of enforce
  • is appropriate to develop proposals for attachment of Code Enforcement, Financial Institutions of Law and the contraventional Code of the draft Law on the organization of the forced execution activity;
  • is appropriate to carry out an assessment of state actually(with statistical data and expenditure)from public system of enforcement of RM on its transformation date, to track the dynamic progress or setbacks of the new system of forced execution.