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Concerning Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea şi completarea unor acte legislative

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    Art. I.-the civil procedure code of the Republic of Moldova nr. 225-XV of 30 May 2003 (reprinted in the Official Gazette of the RM, no. 13, 130-134, art. 415), as amended, is modified and completed as follows: 1. In article 33, paragraph 2, the word "bodies" shall be replaced with the word "organizations".
2. In article 49, paragraph 4 shall read as follows: "(4) the provisions of this article have no impact on the cases of denial of receipt of the application the judgment pursuant to art. 169, refund of the application of call in court pursuant to art. 170 and 171, the withdrawal of the claim pending under article 13. 267 or termination of the process under article 13. 265 lit. the a and b)). "
3. In article 60, paragraph 3, the words "claims in the action or" and replacing the words "action in finding through action in achieving" are excluded.
4. In article 62, paragraph 4 shall be supplemented by the text: "Coparticipantul confirming the powers of the Special Representative. 81 through a power of Attorney notarized powers of Attorney-General, and by written request signed by the coparticipantul or coparticipanţii represented, with the exception of the representatives of the public authorities. "
5. In article 104 (1) f), the words "Ministry of Foreign Affairs" shall be replaced with the words "means of the Ministry of Foreign Affairs and European integration of the Republic of Moldova".
6. In article 166, paragraph 2, letter b), after the words "headquarters" shall be inserted the words "the State identification number (on WHOSE BEHALF)-for legal entities and individual entrepreneurs, and personal identification number www.torrentsmd.com-for natural persons", and the words "tax code" are excluded.
7. Article 167 (1): the letter a), after the words "If records" shall be inserted the words "and the application of the judgment";
paragraph is completed with the letter a1) with the following content: "a1) copy of identity card of the applicant natural person;".
8. Article 177: in paragraph 2, the words "judge or by the Court" shall be replaced with the word "judge";
article is supplemented with paragraph 21 with the following contents: "(21) where the application for action is lodged insurance during the court hearing, it shall decide by a court sitting in question, regardless of the absence of participants in the process." in paragraph 3, the words "or the Court" shall be excluded.
9. Article 179 shall be completed (21) with the following contents: "(21) the conclusion of the Court concerning the substitution of an insurance forms of action through another form may be attacked with the appeal."
10. Article 180: in paragraph 1, the words "judge or", in both cases are excluded, and the word "which" shall be replaced with the word "which";
(2) shall be supplemented with the text: "judicial Conclusion concerning measures to ensure action can be appealed with the appeal. The appeal against the closure of the cancellation of insurance measures of the action or substitution of an insurance forms with another suspends execution conclusion. "article is completed (21) and (31) with the following contents:" (21) the measures to ensure the action of the Court with the pronouncement of the Fund by a decision dismissing the action. The rules relating to the character of the judicial act by which are applicable to wholly Fund solves and the provisions concerning the measures. "
"(31) in the case of termination of the enforcement proceedings in accordance with the provisions of art. 83 para. (1) (a). d) and (e)) of the enforcement code, the Court that has issued the document enforceable at the request of the party concerned, through a closing immediately enforceable measures to ensure action. In the cases referred to in article 1. 83 para. (1) (a). a)-(c)), f) and (g)) of the enforcement code, the measures of insurance is arranged by the bailiff through closing. "in paragraph 4, the words" judge or "are excluded;
article is supplemented with paragraph (5) with the following contents: "(5) the measures applied to ensure action on the asset that was sold/given in payment of debt account, in the manner and under the conditions laid down in the code of execution, shall be cancelled by the Court together with the confirmation of sale/its transmission."
11. In article 181: the title shall read as follows: "Article 181. Attacking the conclusion relating to insurance or failure of the action ";
paragraph 1 shall read as follows: "(1) the conclusion of insurance or failure of the action can be challenged at recourse." in paragraph 3, the words "the appeal against the closure of the annulment of the measures to ensure the action or substitution of an insurance forms with another suspends execution of conclusion." is excluded.
12. In article 236 (1), after the words "for deliberation." insert the words "In complex cases, the Court, by concluding the Protocol, has postponed the date for no more than 15 days to find debtors, trial participants about the place, date and time of the pronouncement of the judgement device."
13. In article 250 paragraph 1 letter a), the words "in respect of which trial participants have submitted evidence and gave explanations" shall be replaced with the words "formulated by the parties or by the intervenientul".
280. in article 14, paragraph 2, the words "representatives of organizations" shall be replaced with the words ' public authorities under article. 74. "
281. in article 15, paragraph 1, the word "real" shall be replaced with the word "heritage".
16. In article 282 (1) (a)), "real" shall be replaced with the word "heritage".
17. In article 297 (1), the words "place of residence of the person concerned" shall be replaced with the words "the person's last known home in respect of which the person requesting the Declaration of lost or died without lifejackets."
18. In article title: 3186, the words "and challenging the conclusion concerning the application of the Ordinance" shall be excluded;
paragraph 1 shall read as follows: "(1) the conclusion of the acceptance or rejection of the application of protection measures can be appealed with the appeal under this code."
19. In the heading of chapter XXXIV1, the words "temporary Cessation of validity" shall be replaced with the word "Suspension".
20. Article 3431: paragraphs (1) and (2), the words "temporary cessation of validity" shall be replaced with the word "suspension";
article is supplemented with paragraph (3) with the following contents: "(3) applications for suspension or revocation of licence/authorization with regard to entrepreneurial activity shall be submitted to the Court on the premises of the petitioner."
21. In article 3432 (1), the words "to temporarily suspend the validity of" shall be replaced with the words "the" and the words "cessation of validity"-with the word "suspension".
22.3433 3434 articles, and the words "temporary interruption of the validity of" shall be replaced with the word "suspension".
23. In article 3435: in the title, the words "temporary cessation of validity" shall be replaced with the word "suspension";
in the text of the article, the words "temporary cessation of validity" shall be replaced, in both cases, the word "suspension".
345. Article 24 shall be supplemented by the letters a, p)) and with the following contents: ' a) refers to the return of execution pursuant to article 5. 158 para. (2) of the enforcement code;
p) shall be forwarded by the institution on payment of expenses of the penitentiary and escort of detainees in main hearings in civil cases. "
25. In article 346, paragraph (1) shall be supplemented with the words ", after compliance with the prior procedure".
354. in article 26, paragraph 1, the words "certificîndu it with the seal of the Court, to be submitted for execution" shall be replaced with the words "who is with immediate execution, certificîndu it with the seal of the Court or Tribunal".
27. In article 368 (1), after the words "the Court of appeals has through a closing" shall be inserted the words "without notice to participants of the process."
28. In article 374: title is filled in in the end with the words "and the termination of appeal";
Article shall be supplemented by paragraphs (4) and (5) with the following contents: "(4) on receipt of a request for an appeal, the appeals procedure is terminated at his request or ex officio if the Court of appeal ascertains that: a) call was lodged outside the legal time limit, and the caller has not requested the reinstatement period or the Court of Appeal rejected the request for relief;
b) call was request filed by a person who is not entitled to declare call;
c) decision can't be appealed with the law call.
(5) the conclusion of the Court concerning the termination of appeal can be appealed with the appeal. "
29. In article 389: paragraph (1) shall be supplemented with the text: "In complex cases, the Court of appeal, by concluding the Protocol, has postponed the date for no more than 15 days to find debtors, trial participants about the place, date and time when the device decision."

in paragraph 4, the words "15 days" shall be replaced with the text "30 days".
423. Article 30 shall be supplemented by paragraphs (11) and (3) with the following contents: "(11) the Court which issued the conclusion likely appeal after filing an appeal, he submits, together with the dossier, the hierarchically superior court jurisdiction. Appeal lodged against the conclusion of suspended its execution, with the exceptions established by law. "
"(3) the acts of appeals court conclusion that attack with the Fund is attached to the case file, and by terminating its records of that Protocol cannot be met until the examination Fund."
31. Article 425, pronouncing the words "they" shall be replaced with the words "communication" is concluded.
32. the code shall be supplemented with the following article: 4261 "Article 4261. Refund appeal against the closure of the Court of appeal is entitled to appeal against the closure of the refunded if: (a) a request for appeal) was lodged outside the legal time limit, and the appellant does not request reinstatement within;
(b) the Board has) the request is filed by a person who is not entitled to declare the appeal;
(c) the Board of appeal did not request) is signed or is signed improperly;
d) repayment of the appeal the appellant until its examination by the Court;
e) conclusion cannot be attacked with the appeal, according to the law. "
33. In article 444, after the word "inviting" insert the word "all".
34. In article 445, paragraph (1) shall be supplemented with the letter g) with the following contents: ") to allow an appeal, to appeal court decision have, with a conclusion of the application of appeal if there are grounds under article 4. 369. "
35. In article 446, after the word "decisions", insert the word "Ordinances".
36. Article 452 shall be added to paragraph 11 with the following contents: "(11) if the examination of an application for review within the competence of the Supreme Court of Justice or Court of appeal, the meetings are conducted without notification to the participants in the process. If the Court which shall examine the application for review should be made to the presence of the participants in the process, it has reminder of them. "
37. In article 462 (2), ' 33, 34, 36.0 "are excluded.
38. In article 466, paragraph 2, the words "Ministry of Foreign Affairs" shall be replaced with the words "Ministry of Foreign Affairs and European integration".
39. for the text of the code, the words "without a trace" shall be replaced with the words "no news".
Art. II.-the enforcement code of the Republic of Moldova nr. 443-XV of 24 December 2004 (reprinted in the Official Gazette of the Republic of Moldova, 2010, 214-220, 704), as amended, is modified and completed as follows: 1. Article 11: paragraph b), the words "and decisions issued by courts in civil cases" shall be replaced with the words "the courts, if the law does not stipulate otherwise";
subparagraph (c)) shall read as follows: "c) administrative decisions (decisions), including those emanating from the competency assessment agencies within the limits assigned to them by law, enforceable titles issued criminal sentences on criminal cases and in the collection of the fine, as well as civil action in part" article is completed with the letter c1) with the following contents: c1 ") finishes investigating judge concerning the carrying out of certain mandatory documents related to your submission/transmission/refund of goods;" the letter h) shall be completed in the end with the words " , the minutes of the bailiff in the conditions of the transaction are recorded in the case of conciliation of the parties in accordance with art. 62 of this code ";
Letter m) completed in the end with the words "in the cases referred to in article 1. 92 and 101 of this code ";
Article shall be supplemented by the letters p and q)) with the following content: "p) documents issued by the tax authority concerning the disposition of cash amounts;
q) documents issued by the competition Council on the implementation of financial sanctions. "
2. In article 12, paragraph 2, the words "and where the Court has ordered immediate execution" are excluded.
3. Article 15: paragraph (2) (a)) shall be repealed;
Article shall be supplemented by (21) and (22) with the following contents: "(21) in the cases referred to in paragraph 1. (2) of this article, the lender has the right to choose another bailiff, in accordance with the procedure laid down in article 21. 32 of this code.
(22) the foreign judgments recognized territory of the Republic of Moldova shall be submitted by the Court of its own motion for execution only in cases provided for in paragraph 1. (2) of this article. "in paragraph (3) shall be supplemented with the text:" this does not restrict lenders in exercise of the right provided for in article 10. 60 para. (2) of this code. "in paragraph 5, the words" no law. 847-XIII of 24 May 1996 on the budgetary system and budgetary process "shall be replaced with the words ' law of public finance and budgetary-fiscal responsibility nr. 181 of 25 July 2014 ".
4. In article 22 (1)) shall read as follows: ") to receive information from banking institutions concerning operations effected in the debtor's bank accounts, the procedure and manner of registration of documents received from the bailiffs as well as information from the register of persons access to cells (safes) leased the debtor and metallic spouse;".
5. Article 24: under paragraph (1), the words "calculated interest" shall be replaced with the words "shall be entitled to calculate and collect interest" and after the words "of the civil code." insert the words "Request for calculating the amounts resulting from the delay in execution may be filed only a bailiff that owns the document enforceable by determining the main obligation, until its extinction." in paragraph (2) shall read as follows : "(2) the termination of the bailiff shall be issued under the conditions of paragraph 1. (1) of this article, only at the time of collection/execution obligation amount. Conclusion this document is enforceable and can be challenged within 10 days from the date of issue. The conclusion shall be enforceable after its becoming final unless the debtor consents expressly upon her immediate execution. Responsible for the issuance and enforcement of that conclusion is the bailiff that establishes an obligation. "
6. the code shall be supplemented with the following article 241 reads: "Article 241. Sale of assets pledged, mortgaged at the request of the creditor/Pledger (1) the bailiff may sell assets pledged, mortgaged and in conditions/arrangements provided for by law No. 449-XV of July 30, 2001 in respect of the pledge and law. 142-XVI of 26 June 2008 concerning mortgages.
(2) Organizing the auction sale of the asset pledged at the request of the creditor Pledger is done according to the procedures laid down in article 21. 128-135 of this code, with the derogations laid down in this article, the civil code, law No. 449-XV of July 30, 2001 in respect of the pledge and law. 142-XVI of 26 June 2008 concerning mortgages.
(3) the terms and conditions of sale of the asset pledged/mortgaged shall be laid down in a contract concluded by the lender/mortgage Pledger with bailiff, without prejudice to the provisions of paragraph 1. (2) of this article.
(4) the original price of the asset sold at auction will be the price indicated in the assessment report. With the agreement of the Pledger, it may be reduced within the limits of the amount indicated in article 1. 132 paragraph 2. (1) of this code.
(5) the auction Winner shall sign the contract with the mortgage lender of sale-purchase of the asset, this record of serving the theme of ownership of the asset sold.
(6) in the cases referred to in article 1. 139 paragraph 2. (1) (a). a)-d) of this code at the request of the creditor, the bailiff Pledger organizes a repeated auction with conditions of auction announcement and with the possibility of reducing the price in an amount not exceeding the amount established in article 11. 140 of this code.
(7) where the property is mortgaged/pledged pursued forced by other creditors, selling the asset is accomplished by organizing the auction, unless all the creditors are agreeing that the sale is carried out in a different way. "
7. Article 25 shall be supplemented by paragraphs (5) and (6) with the following contents: "(5) The finding of facts and outline the factual, the bailiff shall not apply to measures of execution.
(6) the Act of finding is assigned a unique number, in the manner established by the Board of the National Union of Judicial Executors. "
8. Article 27: in paragraph 4, the word "borrower" shall be replaced, in both cases, the word "plaintiff";
article is completed (41) with the following contents: "(41) after the implementation of the measures to ensure the goods remain at the action, place of storage specified by the Court. Where it is not shown applies the General rules of this code. Assurance measures are brought to fruition immediately, without the need for notification to the parties. "

paragraph 7 shall read as follows: "(7) of the measures taken by the bailiff informed applicant." article is completed with paragraphs (9) to (11) with the following contents: "(9) the costs of enforcement measures to ensure the action are made on behalf of the complainant and are subsequently reimbursed under the terms of art. 94-97 of the code of civil procedure.
(10) at the request of the person concerned, the bailiff establishes, pursuant to article. 25 of this code, compliance assurance measures applied.
(11) repair damage resulting from action insurance can be claimed of the applicant as prescribed. 182 of the code of civil procedure. "
9. In article 30, paragraph 3, after the words "enforceable Documents" shall be inserted the words "relating to the collection of regular payments and executory documents", and finally in paragraph shall be supplemented by the words "or the institution in which he is serving penitentiary punishment debtor".
10. Article 31 shall read as follows: "Article 31. Linkage and prosecutions settle conflicts of jurisdiction (1) where in respect of the same goods is carried out more judicial enforcement by bailiffs different, they may agree standing over a single run of the asset/property in question, applying the procedure regulated in article 21 notification. 101 of this code. In this case, the bailiff draws up Act continues the pursuit, which is delivered to the address of the parties to the procedure of execution and bailiffs who joined the pursuit.
(2) where, pursuant to paragraph 1. (1) of this article, there is a conflict of jurisdiction, manifested not in accordance with art. 101 paragraphs 1 and 2. (1) of this code to the rapprochement of tracking or by sending a notice in camera, whose constituency activates bailiffs will become available within five days, at the request of the person concerned or one of the bailiffs, making one run by the bailiff whose execution procedure is at a more advanced stage of the asset tracking/those assets , and if you are at the same stage runs-by the bailiff who started the first execution, then from that to which the document is located is enforceable ordering toward cashing the largest amount, if the law does not stipulate otherwise. Where one of the bailiffs is part of the governing bodies of the territorial jurisdiction of the Chamber, conflict resolution will be determined in accordance with national regulations of the National Union of Bailiffs.
(3) in all cases of prosecution of conexare, the fee due for each execution will be shared between the bailiffs as follows: 1/3 will return to court executors who have linked to our pursuit of the asset, and the 2/3 will go to the person who has made the pursuit.
(4) with the joinder, the bailiff shall transmit a copy of the document list of enforceable and calculation of the costs of enforcement.
(5) After conexare, tracing the assets from which it was referenced from the Act of executing the most. Act concerning the linkage shall be published no later than three days from the issue date on the website of the National Union of Judicial Executors and judicial executors shall automatically be including that will initiate tracing the same good linkage later. If further linkage grevări/liens over the goods referred to in conexare, in favour of the lenders to whom they were introduced participates in the distribution of the sum obtained by capitalizing the asset. In case of sale of the property in respect of transmission/prosecution has ordered the cancellation of all linkage, precautionary measures will be arranged by the bailiff who sold/transmitted common.
(6) giving up tracking, after conexare, of any of the lenders may prevent the continuation of enforcement of the Act of execution most submitted.
(7) the conflict of competence between bailiffs stand in the same constituency territorial chambers of bailiffs is the referral of this resolve of the party concerned.
(8) where the conflict of paragraph (2) of this article is involved between bailiffs whose headquarters is located in Vienna's cameras of different bailiffs authorised conflict settlement belongs to the National Union of Bailiffs.
(9) the conflict of jurisdiction shall decide not later than 5 days, by issuing a reasoned that cannot be challenged.
(10) non-performance-related conflict resolution provisions bailiffs Chamber of territorial competence of National Union of Bailiffs. "
11. Article 32: in paragraph 3, after the word "copy" shall be inserted the words "certified,";
paragraph (5) shall read as follows: "(5) If the bailiff does not enable more than five consecutive working days for good reasons, or if the activity has been suspended or terminated, another bailiff is empowered in accordance with the internal regulations of the National Union of Bailiffs."
12. Article 33 shall be repealed.
37. in article 13, paragraph 8, the word "only" shall be cancelled, and finally is completed by the words "as well as the expense of enforcement proceedings".
14. In article 41, paragraph 3, the words "or no later than three days" shall be replaced with the text ", but not more than 4 days", and finally is completed with the text: "in the case of transferring amounts to the account of the creditor, the claim shall be regarded as extinguished from the time when the amount due is entered in the creditor's account."
15. In article 54: (1) shall read as follows: "(1) the presence of the witness Assistant is mandatory to access to housing, if the law does not stipulate otherwise. The intrusion into the room, storage, another local, their research, and the seizure the debtor can be enticed or assistants witnesses used technical means (photo/video). "in paragraph (2), the words" it is not necessary the presence of witnesses where assistants the debtor consents making the actions of the bailiff. "is excluded;
article is supplemented with paragraph 21 with the following contents: "(21) where the debtor consents conducting bailiff, the presence of witnesses is not necessary assistants."
16. Article 60: (3) shall be supplemented with the text: "the debtor shall send the copy of the enforceable document, and certified by the bailiff. Relevant begins from the moment of the conclusion of the communication to the debtor with respect to the initiation of the enforcement procedure pursuant to article. 67 of this code. "in paragraph (31) shall read as follows:" (31) in the case of documents with immediate execution, except the one mentioned in art. 27 of this code, the bailiff of the debtor proposes execution of enforceable document within 3 days without taking actions of enforcement of the enforceable document within that period. "the article is completed (32) with the following contents: (32) where the debtor has no enforceable document within a period running mentioned in paragraph 1. (3) or (31) of this article, the bailiff shall continue the enforcement procedure, sending the parties a conclusion to this effect, accompanied by a list of expenses, provided that the amount thereof is to be charged to the borrower, shall be established in accordance with the law. "in paragraph (4) shall be supplemented with the text:" the appeal filed against the conclusion of enforcement proceedings against such appeal shall not have suspensory effect. "
17. In article 61, paragraph (1) shall be supplemented with the letter f) with the following content: "f) the document was executed."
18. In article 63 (5), the words "the conclusion of the bailiff" shall be replaced with the words "final judgements and immediately runs the bailiff who has the procedure to enforceable document under which it has ordered measures to ensure the execution".
19. Article 64: in paragraph 1, the words "Court" shall be replaced with the word "judge", and finally it is completed with the text: "the conclusion of a court judgment shall be executed immediately, but it can be appealed." in paragraph (3) shall read as follows: "(3) in the case of termination of the procedure execution article. 83 lit. a)-c) and (e))-g) of this code or the refund document enforceable, the ban on leaving the country shall be revoked by the bailiff. Where in the process of execution of enforceable document disappears the need to maintain the ban on leaving the country, as well as terminating the procedure execution article. 83 lit. d) of this code, this prohibition shall be revoked by the Court at the request of the bailiff or the parties in the enforcement proceedings. "
20. Article 71 shall read as follows:

"Article 71. Explaining the decision, the order and its execution mode If, meaning the extension or the application of a provision of court to be executed are not clear or have impact on enforcement proceedings or if the notice of disposition of the Court includes contradictory provisions, the bailiff may, ex officio or at the request of participants in enforcement proceedings Court, or issuing body explaining the Act in the manner provided by law for the explanation of the judgement. "
72. in article 21, paragraph 5, the word "creditor" shall be replaced with the words "processor".
22. Article 79 shall read as follows: "Article 79. Right to suspend the execution of (1) the Court which issued the document may suspend enforcement of execution, at the request of the bailiff or the parties in the enforcement procedure, in the case of: 1) submission of the bailiff, the Court or the body that issued the document, enforceable requests for explanation of the decision taken;
2) comes up to the issue of enforcement document;
3), when it lodged its appeal: a) appeal filed against a decision regarding expulsion, destruction of plantations and the boundaries of plantations, construction or demolition of any immoveable property;
b appellant filed bail);
(c) the notice of appeal was filed) after issue of enforceable document, provided that the filing of the bail payment.
(2) the competent court pursuant to article. 161 para. (2) of this code, may suspend the execution of the following cases: (a) the debtor in finding) a delegation of long-term interest of service abroad the Republic of Moldova or with a State when the Mission has a personal obligation;
b the debtor in finding) a curative-prophylactic institution;
c) debtor or the identification of the place of the stay;
d) submission by third parties to an action concerning the seizure of goods, in part related to the property.
(3) Conclusion on suspension of execution of the enforceable document can be attacked with the appeal.
(4) the provisions of paragraphs 1 and 2. (2) (a). a)-c) of this article shall not apply in the case of discharge or transfer the asset pledged. "
23. Article 80: (1), after the words "chapter XXXVIII section 2" insert the words "and Chapter XXXIX" after the word "appeal" shall be inserted the words "or subject to revision", and finally in paragraph is completed with the text: "in all cases, the submission will be carried out with caution the submission of an application for acceptance of the caution of the bailiff. Amounts collected or received by the bailiff before the filing of the application for acceptance of the caution will be used by the bailiff for execution of enforceable document, in accordance with the General rules. "in paragraph (5) shall read as follows:" (5) the person who lodges the deposit, if it is not part of the procedure, is obliged to pay the tax for receipt of the bail payment in amount of 3% of the amount deposited but not more than 500 Lions. "
24. In article 83: single paragraph becomes paragraph 1;
article is supplemented with paragraph (2) with the following contents: "(2) at the request of the creditor, enforcement proceedings on the restoration at work or making the debtor of compulsory acts may be resumed if it turns out that, after the termination of enforcement under the conditions of paragraph 1. (1) (a). of) of this article, the debtor of the obligation laid down in continuous failure to enforceable document. In this case apply to the rules regarding the costs of enforcement of these categories documents are enforceable. Resumption of proceedings may be made only during the term of limitation of the implementation. "
25. In article 85 (1), after the words "the bailiff has" insert the words ", within 3 working days".
26. In article 89: point 2) to be completed in the end with the words "to the extent necessary for the personal use of the borrower and his family when they belong to a natural person, the debtor whose activity is not related to the production or marketing of these";
section 4) are repealed.
27. In article 92: (11) shall read as follows: "(11) the foreign currency is transferred from the foreign currency account of the bailiff. Where an order for collection issued in national currency provides for collection of foreign currency, is selling commercial bank exchange rate set at the paying for it, with the amount in the current account of the bailiff. "in paragraph 3, the words" will refund the document issued by the bailiff and will inform it "shall be replaced with the words" will inform the bailiff ".
28. In article 100, paragraph (1) shall be completed in the final text ", accompanied by extracts of financial records. In all cases when the assets are tracked and pledged in favour of other creditors, negarantaţi, sale of goods by auction shall be made, if all lenders do not have accepted another way of execution ".
29. Article 104: in paragraph 3, after the words "by the bailiff" shall be inserted the words "solely in the interests of, and limits the rights of creditors on these documents are enforceable, if lenders don't have expressly renounced this";
in paragraph 4, after the words "enforcement" shall be inserted the words "will be considered obligations and expansion".
30. In article 110, l) shall be supplemented with the words ", except for pension maintenance".
31. In article 117, paragraph 3, the words "or third-party debtor" shall be replaced with the words "from the debtor or the third party".
32. In article 125: (5) shall be supplemented with the text: "If the amount being tracked is higher than the sale price of the goods proposed by the debtor and/or if, in the application for participation in the tendering procedure, at least one participant offers a higher price than that at which the debtor intends to sell the property, the bailiff may refuse the sale of a debtor's property alone." the article is completed (51) with the following contents : "(51) the measures applied in respect of insurers asset sold, ownership of which is subject to state registration, lose their effect from the time when the contract of sale authenticating your purchase. Authentication of purchase agreement shall be carried out only if there is confirmation of the bailiff that sale price amount is deposited to his account. "
33. In article 126, paragraph 2, the words "bailiff" shall be replaced with the words "the scope of the seizure of property".
34. In article 127 (1) (h)), ' price ' shall be replaced by the words "payment in full" price.
35. In article 132, paragraph 1 shall be supplemented by the text: "at the request of the creditor, the bailiff may accept as the original price to be indicated in the minutes of seizure or, where appropriate, the assessment report of the asset."
36. In article 133 (1), the words "demands from the territorial cadastral or other" shall be replaced with the words "check from the territorial cadastral or other", and the words "to communicate" are excluded.
37. Article 136: in paragraph 2, the words "Court" shall be replaced with the word "judge", and finally it is completed with the text: "the same conclusion the judge ordering measures for securing action applied over the goods sold at auction, if they exist." in paragraphs (3), the words "Court" shall be replaced with the word "judge";
in paragraph 4, the words "Court of law" shall be replaced with the word "judge";
in paragraph 5, the words "the Court" shall be replaced with the word "judge";
article is supplemented with paragraph (6) with the following contents: "(6) an extinction debt after the sale of the property at auction can not serve the security theme or the 321."
38. Article 139: under paragraph (1) (e)), the words "Court" shall be replaced with the word "judge";
(2) shall read as follows: "(2) where it was said that the auction did not take place, the bailiff shall record this fact in the minutes." in paragraph 3, after the words "not held" insert text "for the reasons indicated in paragraph 1. (1) (a). a)-c) of this article ".
39. Article 140: under paragraph (1), the words "does not support" shall be replaced with the words "no calls";
article is supplemented with paragraph 11 with the following contents: "(11) for the sale of an asset shall be organised not later than 3 auctions. If stating that the auction did not take place for the reason indicated in art. 139 paragraph 2. (1) (a). e) of this code, the number of auctions is not limited. "in paragraph (2), after the words" estate. "insert the text:" the original price of the asset is exposed towards the sale to the third tender may not be less than 50% of the price as set out in its assessment. "in paragraph (9) shall read as follows:

"(9) Transmission asset ordering through the end of the bailiff. In the case of payment of the debt on behalf of the transmission of property ownership is subject to state registration, conclusion of the bailiff of the asset transfer is confirmed by the Court, in accordance with the procedure laid down in article 21. 136 of this code. The conclusion of the Court judgment on the legality of the communication of the basis for recording the asset serves right of property on behalf of the creditor that has taken over the assets from the account of payment of the claim. "
40. In article 142, paragraph 2, the word "sale" shall be replaced with the words "transmission of ownership", and the words "the Court" with the word "judge".
41. the code shall be supplemented with the following article: 1421 "Article 1421. Sale of litigious rights via auction in order to celerităţii the procedure, the bailiff has the right to sell their litigious rights of the debtor through auction outcry, organized in the manner and under the conditions laid down in this code. The initial price shall not be less than 50% of the value of their balance sheet, and the nominal/auction repeated price can be reduced up to 30% of the nominal balance/. Creditors will have the right to take up contentious rights extinguishment of debt, as prescribed. 140 paragraph 1. (3) of this code. "
42. In article 144: (4) shall be supplemented with the text: "Moneys distributed under titles enforceable action assurance will be issued only on presentation of the document which is enforceable and in the size established by it towards revenue." in paragraph 5, the word "adoption" shall be replaced with the words "entry into force".
43. In article 147 paragraph 7, the words "Court" shall be replaced with the word "judge".
44. the code shall be supplemented by article 1511 with the following content: "Article 1511. Peculiarities of execution of enforceable documents concerning housing disputes bailiff and persons participating in the execution of an enforceable document concerning a housing dispute shall have the right to enter the domicile of the debtor, the conditions under art. 147 of this code, pursuant to the enforcement by which it was ordered to evacuate. If the discharge is carried out in the context of the execution of the mortgage law, account shall be taken of the provisions of law No. 142-XVI of 26 June 2008 concerning mortgages, concerning the rights of tenants. "
45. Article 161: under paragraph (1), the words "may be challenged by" shall be replaced with the words "its actions/inaction or may be challenged by" and after the words "enforcement acts" shall be inserted the words "or action/inaction of the bailiff";
in paragraph 2, after the words "acts" shall be inserted the words "or actions/omission bailiff".
46. Article 163: under paragraph (1), after the words "prepared by the bailiff" shall be inserted the words "or its" actions/inaction;
article is completed (31) with the following contents: "(31) failure to comply with the requirements laid down in article 21. 65 paragraph 1. (3) of this code is the reason for removing the application role in accordance with the provisions of art. 267 lit. a) of the code of civil procedure. "in paragraph 4, the word" Decision "shall be replaced with the word" conclusion ";
(5) to be completed in the end ', and when the opposition was filed in bad faith the complainant is obliged to pay a fine in size from 10 to 30 conventional units. "
47. Article 183: under paragraph (1), the words ' the convict is obliged to immediately inform the Court about the payment of the fine. "is excluded;
article is supplemented with paragraph 11 with the following contents: "(11) After the payment of the fine by the condemned, banking institution is obliged, within 2 working days, to include the information regarding payment of the fine, the debtors ledger kept by the National Union of Bailiffs. Content, mode of keeping of the register of debtors and the procedures for access to Government it regulates. "
[Art. Section 47 in part what keep completion of article 183 with paragraph 11, concerning the register of debtors, will enter into force on 1 October 2017] (2) shall read as follows: "(2) the Court shall verify a debtors Ledger if the fine has been paid. If the sentenced person has not paid the fine, the Court, within 30 days of the final decision, the lag send bailiff enforceable document for forced collection of fine. "in paragraph (3), after the word" check "shall be inserted the words" the debtors ledger ";
article is completed (31) with the following contents: "(31) If the bailiff finds that the fine has been paid, it shall draw up a conclusion concerning the refusal to receive the enforceable document for execution, telling about this Court."
48. In article 198, paragraph 2, the words "mandate of arrest and/or conclusion on the application or, where appropriate, extend the preventive measure in the form of detention" shall be replaced with the word "conclusion".
49. In article 210, (4) and (5) shall read as follows: "(4) the convict is entitled to phone calls with the spouse, a relative or another person at his choice.
(5) the number, frequency and duration of telephone calls that can be made or received by the convicted person shall be determined by the prison administration in accordance with the rules laid down by the Minister of Justice. "
50. In article 243, paragraph 1 letter c), the words ' for a period of up to 20 minutes "is excluded.
51. In article 253, paragraph 2, subparagraph d) is repealed.
52. Article 315 shall read as follows: "Article 315. The execution of the fine penalty (1) the fine shall be paid by the offender voluntarily, within 30 days from the date of its application.
(2) After payment by the offender to a fine, or banking institution providing the agent has affixed a fine is required/obliged, within 2 working days, to include the information regarding payment of the fine, the debtors ledger referred to in art. 183 paragraphs 1 and 2. (11) of this code.
(3) the Court or, where appropriate, the agent discovered that the applied fine debtors Ledger checks if the fine has been paid, and, where the infringer did not pay it, send the bailiff enforceable document for enforced collection.
(4) enforcement of administrative fine shall be ensured by the bailiff in whose territorial competence, established by the Chamber of bailiffs, the offender's place of residence is situated.
(5) on receipt of the document, the bailiff enforcement verifies the register of debtors if the fine has been paid. If the bailiff finds that the fine has been paid, it shall draw up a conclusion concerning the refusal to receive the enforceable document for execution, telling the Court or, where appropriate, the claim agent.
(6) where, at the date of the fi le, the debtors Ledger is missing information regarding payment of the fine, the bailiff shall issue the conclusion of such appeal procedure for carrying out and executing the document enforceable in accordance with the provisions of the first book of this code. The conclusion of such appeal will be communicated to the debtor at the address indicated in the document, enforceable, if the other was not communicated to it. Along with the fine, they will charge and the costs of enforcement.
(7) where the enforcement was not possible because of a lack or shortage of goods or subterfuge in bad faith of the infringer, if the fine was meted out by the Court, the bailiff requesting court which examined the cause to adopt a conclusion in the article. 34 para. (4) of the code of administrative offences.
(8) In cases referred to in paragraph 1. (7) of this article, if the fine was meted out by the recognition, the bailiff shall inform about the impossibility of execution of fine claim agent, requesting the court fine replacement with another contravențională penalty under the terms of art. 34 para. (4) amendments to the code. "
Art. III.-Article 5 of law No. 87 of 21 April 2011 relating to compensation by the State of damage caused by the violation of the prosecution of the case within a reasonable time or within a reasonable time of the execution of the judgement (Official Gazette of the Republic of Moldova, 2011, no. 107-109, art. 282), with subsequent amendments, shall be added to paragraph (3) with the following contents: "(3) the Court may order the collection amount not claim as a result of the finding, given that it had been violated the right to execution within reasonable judgement. "

Art. IV.-(1) this law shall enter into force six months after its publication, with the exception of art. Section 47 in part what keep completion of article 183 with paragraph 11, concerning the register of debtors, which will come into force on October 1, 2017.
(2) the Government shall, within six months from the date of publication of the present law, will ensure the development of normative acts required for its implementation.
(3) applications for challenging the bailiff acts filed in court before the entry into force of this law, regardless of the stage of the examination, shall examine, in accordance with the law in force at the date of filing.