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Concerning The Bailiffs *

Original Language Title: privind executorii judecătoreşti*

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    _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ * Republished pursuant to article II, paragraph 2. (4) letter a) of law No. 86 of 28.04.2016, Official Gazette of the Republic of Moldova, by 2016. 184-194, art. 389.
Amended by laws of the Republic of Moldova: LP152, from MO245-246 01.07.16/30.07.16 art. 517; force 01.08.16 LP86 from MO184 28.04.16,-192/01.07.16 art. 389; force HCC19 from 18.12.12, 01.07.16 MO18-21/25.01.13 article 2; force 18.12.12 from MO46 15.01.12, code LP5-47/138 07.03.12 art LP184 from 27.08.11, MO146/28.08.11 art. 450 Parliament adopts this organic law.


Chapter I GENERAL PROVISIONS Article 1. Regulatory domain (1) this Act establishes the status, duties and responsibilities of the bailiff professional organization, and organizations, their relationships with public authorities, with public or private organizations.
(2) subject to the provisions of this law lies bailiffs carrying out procedural actions enforcement of enforceable documents in accordance with the provisions of the enforcement Code, the code of civil procedure and other legislative and regulatory acts, public authorities and organizations involved in the work of the bailiff.
In article 2. The activity of the bailiff (1) the bailiff is the person vested with the competence to carry out activities in the public interest provided for in this law and other laws. In exercising the functions of bailiff is the exponent of State power Only licensed the bailiff and sworn under the present law enforcement can be carried out.
(2) the bailiff is not entrepreneurial activity.
(3) the bailiff shall be conducted in accordance with the law, with respect for the rights and legitimate interests of the parties in the enforcement proceedings and of other interested persons, without distinction of race, nationality, ethnic origin, language, religion, sex, political affiliation, wealth, social origin or any other criterion.
(4) the bailiff may refuse to execute a given act under its jurisdiction, than in the cases and under the conditions established by law.
Article 3. Bailiffs Act (1) Declaration by the bailiff, within the limits of its statutory powers, it is an act of public authority, procedure has evidentiary force, are deemed to be legal, and if it is done in the enforcement proceedings may be challenged in the manner established by the code.
(2) the cancellation of the bailiff can serve as the basis for the initiation of the disciplinary committee thereof only under the conditions of art. 21. (2) (a). I). Chapter II, BAILIFF in article 4. The right to the pursuit of the activity of the bailiff bailiff (1) may be a person who meets the following conditions: a) is a citizen of the Republic of Moldova;
b) has full capacity of exercise;
c) is licensed in law;
d) has conducted the training course under the present law;
e) speaks the State language;
f) has a flawless reputation;
g) has promoted competition for admission to the profession of bailiff;
h) has not reached the age ceiling of 65 years;
I) meets the requirements of medical order for exercise of the function.
(2) shall not be deemed flawless reputation person: a) has been convicted of committing crimes and criminal history has not extinguished;
b) was fired from law enforcement agencies for reasons compromising or has been released for the same reasons from the post of judge, notary, lawyer, legal adviser or civil servant;
c) has an incompatible behavior or activity incompatible with the ethical standards of the profession of bailiff;
d) above was withdrawn the licence for reasons functionality.
Article 5. Incompatibilities (1) the exercise of the activity of the bailiff is incompatible with any other remunerated within the professions, with the exception of teaching, scientific, creative and professional bodies, as well as a mediator or arbitrator.
(2) the incompatibility provided for in paragraph. (1) must cease during one month from the moment of its occurrence.
(3) If the bailiff has not removed the situation of incompatibility under the conditions laid down in paragraph 1. (2) activity as executor.
In article 6. Independence of the bailiff (1) the bailiff shall be independent in its work and are subject to the law only.
2. any interference in the work of the enforcement of the enforceable documents is inadmissible and attracts liability under the law.
(3) In the exercise of his duties, the bailiff may not be detained and searched, cannot be picked up documents and goods related to the completion of the enforcement procedure, than where the latter commits flagrant offences.
(4) in the case of the bailiff or apprehension of initiating criminal, his body has carried out these measures shall inform the Ministry of Justice and the National Union of Bailiffs within 6 hours.
(5) seizure of the bailiff acts and property pertaining to enforcement procedure shall be carried out only with the authorization of the judge.
(6)-repealed.
Article 7. Rights bailiff bailiff is entitled: a) to issue procedural acts within the limits of its competence;
b) to cite at his Office and carry out acts of execution, the debtor and other participants in the process of execution;
c) to communicate, at the request of the persons concerned, the judicial and extra-judicial acts;
d) to request and receive, free of charge on paper and in on-line mode on the part of central public administration authorities and local institutions (including financial) and from other organizations (regardless of the type of ownership and legal form of organisation) that holds the State records and information relevant to the enforcement procedure with any information that would allow identification of the debtor , its heritage and of their whereabouts. Technical conditions for access to the information will be governed by the agreements between the National Union of Bailiffs and the holder of information;

(e) refer the matter to the authorities and) competent persons concerning the facts, findings, legal compliance requirements by the bailiff;
f) to submit to the legal requirements of individuals and legal entities in enforcement proceedings for the purpose of undertaking enforcement action modeling;
g) to enter, with the consent of the debtor or of the members of the family of adults (and in the absence of agreement, with the assistance of law enforcement agencies), in rooms and in warehouses belonging to the debtor, as well as the use thereof, and to investigate them;
h) to calculate, at the request of the creditor, interest, penalties and other amounts arising from the delay in the execution of an obligation arising out of an enforceable document;
I) to assist the parties in enforcement proceedings and other applicants, explaining to them the legal consequences of the acts of procedure;
j) to reconcile the parties in an interlocutory phase and in enforcement proceedings;
k) to establish, at the request of the person concerned, in fact, the Act of recognition having conclusive force;
l) to seize goods, to raise, to store, manage and sell the assets seized in the execution process, and assets pledged or mortgaged;
m) to apply on-line precautionary measures;
n) to use, in the course of the financial year, recording audio, photo and/or video;
to recover debts) amicably;
p) to issue copies of the paperwork from the enforcement procedure to third parties uninvolved in this procedure only in accordance with the law and on the basis of an application by;
q) receive, in accordance with the law, fees and charges for activities;
r) to negotiate with the lender conditions and term of payment of the fee;
s) should be entitled to annual leave;
t) to benefit from social insurance and State pension on the basis of contributions from the State social insurance;
u) exercise other rights stipulated by the law.
Article 8. Obligations of the bailiff bailiff is obliged: a) have an active role throughout the process of execution, but the latter effort in order to achieve through legal means of the obligation laid down in the document, while respecting the rights of the parties which is enforceable in the enforcement proceedings and other persons concerned;
b) accept all applications for enforcement of the enforceable documents, for which it is competent, in accordance with the law;
c) to provide Parties in enforcement proceedings and their representatives the opportunity to get acquainted with the materials of the enforcement procedure;
d) to examine the parties ' requests regarding the enforcement procedure, in this project, procedure and deadlines of the acts;
e) commercial secrecy, banking, tax and no not to disclose the information and the facts which have become known in the enforcement proceedings;
f) to keep the register of enforcement procedures in a form determined by the National Union of Bailiffs;
f) to draw up, to express and to record all documents are enforceable in the electronic register of enforcement procedures, in accordance with the rules of keeping thereof, approved by the Ministry of Justice. All payments received/invoiced are issued exclusively by the e-system operational executor; * _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ * article 8 subparagraph (c). f) will enter into force starting with 01.10.2017.  

g) to demonstrate a high culture in professional activity and to be impartial;
h) to actualize their identity by presenting the ticket service while performing procedural actions enforcement of enforceable documents;
I) ensure his professional activity to an insurance company;
j) to pay mandatory contributions to the regular budget of the National Union of Bailiffs in the amount established by it;
k) to participate in annual training courses and further training of a total duration of at least 18 academic hours;
K1) to present at the written request of the Justice Ministry, National Union of Bailiffs or the College disciplinary action, copy on file, authenticated by the bailiff, and/or other information regarding his professional activity, and in the case referred to in article 1. 33 para. (3)-the originals;
l) to meet other obligations laid down by law.




Article 9. Trainee bailiff * (1) the bailiff trainee may be a person who satisfies the conditions laid down in article 21. "". (1) (a). a)-c), (e)), f), h) and (i)) and not performing other duties paid, with the exception of teaching, scientific, creative, mediation and arbitration.    (2) in order to be admitted as a trainee bailiff, the person will be holding a contest organized by the National Union of Bailiffs and will pay on behalf of the National Union of Bailiffs charge for participation in the contest in the size established by the National Union of Bailiffs.     (3) the conditions for carrying out professional traineeship shall be established by a regulation approved by the National Union of Bailiffs.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ * the provisions of article 9 and article 91 paragraph 1. (1) to (3) and (6) shall be implemented after organizing the selection of trainee bailiff under this Act

Article 91. Probationary professional trainee bailiff (1) professional Internship lasting at least 18 months and includes training and practical work experience under the supervision of the bailiff * (2) initial Training of trainee bailiff takes a month and is organized by the National Institute of Justice, at the request of the National Union of Bailiffs, in contract basis. * (3) on completion of the initial training courses , bailiffs are bailiffs assigned interns to carry out practical traineeship, the National Union of Bailiffs depending on the territory of which enforcement is sought. The bailiff who ensures the conduct of practical internship cannot be simultaneously more than two bailiffs interns. * (4) practical Stage takes place on the basis of the contract concluded between the trainee bailiff and the bailiff who shall ensure that the training camp. If the bailiff has a trainee job, time limits for the adaptation period will be extended proportionately.
(5) the bailiff shall assist the trainee bailiff in the exercise of its functions, being entitled to sign the summons/notice and certification documents relating to the situation of the debtor's assets and the place of his whereabouts.     (6) the period professional traineeship, trainee bailiff shall receive a remuneration, paid him by the bailiff in size cannot be less than the amount of the guaranteed minimum wage in real sector. * _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ * the provisions of article 9 and article 91 paragraph 1. (1) to (3) and (6) shall be implemented after organizing the selection of trainee bailiff under this Act Chapter IIIADMITEREA in the PROFESSION of BAILIFF in article 10. Competition for admission (1) any person who wishes to become a bailiff to sustain a competition in front of the Licensing Commission.
(2) in the contest are admitted persons who satisfy the requirements of article. "". (1) (a). a)-f), h) and (i)), have applied to the National Union of Bailiffs a request in this regard and have her bank account paid the fee in the initial size specified.
(3) the procedure for the conduct of the competition for admission to the profession of bailiff and the criteria for selection of candidates shall be determined by a regulation approved by the Ministry of Justice after consulting the National Union of Bailiffs.
(4) results are valid for one year. In article 11. The Licensing Commission (1) the Licensing Commission of the bailiff is formed by order of the Minister of Justice and consists of seven members: three members appointed by the National Union of Bailiffs, two members appointed by the Ministry of Justice, a representative of academia in the field of law and a representative of civil society. The representative of academia and civil society are jointly select the Ministry of Justice and the National Union of Bailiffs, contest.
(2) by order of the Minister of Justice establishing the Licensing Commission are appointed and 7 alternate members as set forth in paragraph 1. (1) and (3) material and technical base and the work of the secretariat of the Commission shall ensure licensing by the National Union of Bailiffs. The Secretary of the Commission and its alternate licensing shall be appointed from among the employees of the National Union of Bailiffs.
(4) the Commission shall adopt decisions on licensing the admission to the competition for admission to the profession of executor, approving the results of the competition for admission to the profession of executor and the license for the bailiff.
(5) the Commission's licensing is regulated by this law and by the rules of activity of the Commission's licensing, approved by the Ministry of Justice after consulting the National Union of Bailiffs.
Article 111. Members of the Licensing Commission (1) the term of Office of a member of the Licensing Commission is four years, renewable and is incompatible with membership of the disciplinary College, of the Audit Commission and of the Council of the National Union of Bailiffs.
(2) the term of Office of the Member of the Commission's licensing lapse: the expiration of the term of their mandate);
b voluntary opt-in) membership;
(c) the revocation of the mandate) by the body that appointed the Member shall, under the conditions of paragraph 1. (3);
d) by the sentencing court through an irrevocable decision for committing a crime;
It's) death.
(3) the revocation of the mandate of the Member of the Commission in the case of licensing: a) failure to comply with unfounded reasons, to comply with the obligations laid down in this law or temporary impossibility of allocating powers;
b) to participate in making a decision under the conditions of the existence of a conflict of interest;
c) a situation of incompatibility laid down in paragraph 1. (1);
d other grounds set out in) to the status of National Union of Bailiffs appointed by members-National Union of Bailiffs.
(4) the term of Office of the Member of the Commission's licensing shall be suspended in the event of commencement of criminal proceedings against him, if there were procedural coercive measures applied to prevent the exercise of their mandate.
(5) suspension of membership of the Commission not to interrupt/suspend flow term respectively.
(6) in the case of suspension or termination of the mandate of a member of the Licensing Commission, except as referred to in paragraph 1. (2) (a). has its place) is picked up by the alternate.
(7) in the case of termination of the membership of the Commission for licensing, the designation of a substitute of the Commission instead of the vacancy shall be made within one month from the date of occurrence of the holidays, as established in article 24. 11(2). 1. Alternate will exercise their powers for the remaining period of the mandate.
(8) at least two months before expiry of the term of the Commission's licensing, National Union of Bailiffs and the Ministry of Justice will appoint new members, including alternate members of the Committee.
Article 12. The license for activity executor

                         judiciary (1) Licence for the bailiff shall be issued by the Minister of Justice on an unlimited period of time, at the request of the person under the decision of the Commission. The license shall be issued within ten days of the decision of the Commission. Data on the license issued to be included in the register of the bailiff.
(2) the license for the bailiff shall contain: a) the name of the issued licence;
b) series and license number, date of issue;
(c) the holder's name and surname);
d) identification code of the holder;
(e) the signature of the Minister of Justice), certified by the stamp.
(3) the form of the licence is a document of strict record keeping.
(4) the licensee shall be approved by the Ministry of Justice.
(5) the licence for the bailiff shall be issued for a fee of $450, which is transferred on the Treasury account of the Ministry of Justice.
     Article 13. Upon receiving the oath of the bailiff, the bailiff shall deposit the license in the Licensing Commission and the Minister of justice the following oath: "I swear to fulfil the Office of bailiff in accordance with the law, to respect the Constitution of the Republic of Moldova, to maintain professional secrecy, and in my work to rely on principles of professionalism and impartiality."
Article 14. Admission to the profession of bailiff (1) The profession of bailiff shall be admitted in the order descrescînde, average people who have promoted competition, taking into account their territorial option.
(2) a person is vested upon request with authorization to pursue the activity of enforcement by order of the Minister of Justice issued within 10 days of the date of the application, if: a) b.SC. bailiff and sworn in;
(b)), to the Ministry of Justice that the specimen signature and the imprint of the seal;
c) recorded at the Justice Ministry Office;
d) has concluded a contract of indemnity insurance;
e) presented the proof of payment to the bank account of the National Union of duty Bailiff mandatory initial size set by it.
(3) the conditions referred to in paragraph 1. (2) (a). b)-(e)) to be fulfilled within 60 days of the date of receipt of the licence for the bailiff.
(4) failure to comply with the time limit referred to in the punishment of para. (3) lead to withdrawal of the licence. In this case, the next candidate on the list of persons who have promoted the contest shall be governed by the provisions of art. 12, 13 and paragraphs of this article. If the latter does not comply with the requirements laid down in paragraph 1. (3) will announce a new competition for the vacancy in question.
(5) the order of the Minister of Justice concerning the appointment with powers shall be published in the Official Gazette of the Republic of Moldova and bring to the attention of the Court in whose district the bailiff has its Office, and the National Union of Bailiffs.
(6) if the appointment power transfer with bailiff, at the latter's request, in the constituency of another court judgment is made on the proposal of the Council of the National Union of Bailiffs, in compliance with the provisions of paragraphs 1 and 2. (2) (a). a)-d).
Article 15. Bailiff register (1) the Ministry of Justice holds the register of enforcers that make part of the State of law.
(2) the register is kept bailiffs in the State language, in electronic form and manual, and includes: (a) the identity of the data) the bailiff;
b) designation, the organizational form of the bailiff and the address of its seat;
c) series and license number, date of issue;
d) data relating to the suspension of business;
e) data on termination;
f) other data.
(3) where it is radiated from the register of bailiff, the bailiff is obliged to repay the interested party submissions and fees paid for procedural actions that you took.
(4) the person entered in the register of the bailiff is obliged to inform the Ministry of Justice, not later than 5 working days, about changes in the data referred to in paragraph 1. 2. (5) individual Offices and associated offices of judicial executors shall be registered at the Ministry of Justice.
Article 16. Setting the required number of bailiffs on the basis of data contained in the register of bailiffs, Ministry of Justice, in accordance with the proposals submitted by the National Union of Bailiffs, shall establish and update annually the number of enforcers, according to volume of activity and the number of inhabitants (based on the proportion: a unit of bailiff at 22 thousand inhabitants), and the number of vacant posts of bailiffs. The number of bailiffs from district a court shall not be less than 2.
Article 17. Personal folder bailiff bailiff's personal Folder will be kept at the Ministry of Justice. Personal folder contains: a copy of the license for the activity of the bailiff, sworn in text, copies of decisions issued by the Licensing Commission and the decisions issued by the disciplinary College and other materials related to exercise and cessation of the bailiff.


Chapter IVSUSPENDAREA and TERMINATION of the ACTIVITY of the BAILIFF in article 18. The suspension of the activity of the bailiff. Consequences of the suspension of (1) the bailiff shall be suspended if: (a) possession of an elective functions) or the Office of general Secretary of the National Union of Bailiffs-the duration of their mandate;
b) Lodging on the ground of maternity leave and leave to care for the child aged up to 3 years;
(c) temporary inability for work) with a duration of more than 4 consecutive months but not exceeding one year; 
d) disciplinary sanctions referred to in article 1. 24 lit. d);

e mandatory payments) account nevărsării National Union of Bailiffs for 3 months to maturity-up to their full payment, but no longer than 3 months;
failure to comply with the obligation of E1) participation in annual training courses and professional training-up to build up the number of hours set in article 17. 8 lit. k) but not more than 3 months;
f) lack of contract liability insurance-a period which cannot exceed 3 months;
g) application by the Court of a preventive measure in the form of preventive detention or house arrest or, where it was pronounced a judgement of conviction to a prison sentence in first instance-until the criminal trial is completed, in accordance with criminal procedure legislation;
h) discrepancies between the Office of the bailiff to the requirements established by the National Union of Bailiffs-up to meet these requirements, but not more than 3 months;
I) nonpayment of the fine within 30 days from the date of publication, under article 3. 231 para. (6) the decision to impose the fine-until payment in full.
(2) the bailiff whose work has been suspended shall not be authorised to carry out official acts on behalf of another person. During the suspension of the activity, the bailiff shall not be allowed to use the title or to mention this title in any activity.
(3) the undertaking by the bailiff during the period of suspension of the activity, the actions referred to in paragraph 1. (2) is the reason for the withdrawal of the licence.
(4) in the case referred to in paragraph 1. (1) (a). ordering suspension of) by order of the Minister of Justice is ex officio or at the request of the National Union of Bailiffs.
(5) in the cases referred to in paragraph 1. (1) (a). b) and (c)), the suspension shall be by order of the Minister of Justice after the delivery of the National Union of Bailiffs.
(51) in the case referred to in paragraph 1. (1) (a). (d)), the suspension shall be by decision of the disciplinary College.
(52) in the case referred to in paragraph 1. (1) (a). (g)), the suspension shall be by order of the Minister of Justice is ex officio, to approach the Prosecutor motivated or at the request of the National Union of Bailiffs.
(6) in the cases referred to in paragraph 1. (1) (a). e), e1), f), h) and (i)), the suspension shall be by order of the Minister of Justice, at the request of the National Union of Bailiffs.
(7) the resumption of the suspended activity of the bailiff shall be made not later than 45 days after the downfall of the reasons motivating such supervisory suspension on the basis of a request addressed to the Justice Minister. Within 7 days after submission of the application, the Minister of Justice will issue an order regarding reînvestirea bailiff with powers.
(8) the order of the Minister of Justice to suspend the activity of the bailiff or reînvestirea with the authorization shall be published in the Official Gazette of the Republic of Moldova and bring to their attention the Court in whose district the bailiff has its Office, and the National Union of Bailiffs.
(9) in Order to suspend the activity may be challenged in the manner prescribed by law, without the necessity of a preliminary procedure.
(10) where the resumption of the work of the bailiff is not requested within the time limit laid down in paragraph 1. (7) the Minister of Justice has ex officio or at the request of the National Union of Bailiffs license withdrawal.
Article 19. Termination of the activity of the bailiff (1) the bailiff shall cease: (a)) on request;
A1) in case of neeliminare of the situation of incompatibility pursuant to article. 5 para. (2);
b) reaching the age of 65 years;
c the conditions were not met). (4);
C1) on expiry of the indicated in art. 18 paragraph 1. (1) (a). e) e1) and (f));
d) irrevocable coming into legal force of the decision to the College disciplinary action concerning the withdrawal of the licence;
e) in case of death;
f) in the case of failure to comply within the time limit specified in article 21 requirements. 18 paragraph 1. (1) (a). h);
g) in the case of non-profession because of disease or frequent absences;
h) in the case of conviction the bailiff of the Court by means of an irrevocable decision for committing a crime with intent.
(2) termination of the activity of the bailiff shall be by order of the Minister of Justice is ex officio, at the request of the bailiff or at the request of the National Union of Bailiffs. Order regarding termination can be attacked in court without the necessity of a preliminary procedure.
(21) in the case of termination pursuant to disciplinary sanction, the order of the Minister of Justice concerning the termination of the bailiff shall issue after the irrevocable decision lag College disciplinary action and cannot be challenged.
(3) the order of the Minister of Justice concerning the termination of the activity of the bailiff shall be published in the Official Gazette of the Republic of Moldova and bring to their attention the Court in whose district the bailiff has its Office, and informs the National Union of Bailiffs. Order of the Minister of Justice and the irrevocable decision of the College disciplinary action concerning termination of the bailiff shall serve as a basis for cancellation of the bailiff of the register referred to in article 1. 15 and for the destruction of the seal of the bailiff.
(4) in the case referred to in paragraph 1. (1) (a). b), the Minister of Justice may permit, at the request of the bailiff, extending its activity until the completion of the enforcement procedures contained in the work at the date of issue of the order for termination of the activity, but for a period not exceeding one year. In article 20. The actions of the bailiff in case of suspension or cessation of activities

(1) from the time of issue of the order of the Minister of Justice concerning the suspension or termination of the activity of the bailiff or the decision of the disciplinary College for applying the sanction of suspension or cessation of activities, the bailiff lose right to manage current account and to undertake specific actions bailiff function, except those related to the completion of the actions listed in para. 2. (2) in the event of suspension or termination of its activity, the bailiff shall, within 5 days from the date of its publication in the Official Gazette of the Republic of Moldova to act properly, seal, licence, ticket, documents relating to the enforcement procedures, as well as archive, the Chamber of bailiffs in whose constituency has its Office. Where the submission of those indicated did not take place, the National Union of Bailiffs will designate the bailiff/Court executors who will ensure the continuation of unfinished works, unexecuted on procedures will provide the right current account management and will establish the conditions of storage of the archive.


Chapter VRĂSPUNDEREA article 21 DISCIPLINARY ACTION. Disciplinary liability (1) the bailiff shall respond to disciplinary action for committing a disciplinary.
(2) constitutes misconduct: a) non-compliance with professional secrecy;
b)-repealed;
B1) serious breach of professional obligations or systematically determined by law;
B2) breach of terms and mode of communication of documents prepared by the bailiff in the execution procedure the parties and/or their representatives, should not be a possibility to get acquainted or make copies of material execution file di;
c) committing acts which affect the professional honor, uprightness times morality;
d) serious and systematic negligence or delay in carrying out the work related to enforcement proceedings;
e) violation, for reasons attributable to the bailiff, for the performance of procedural actions or unmotivated refusal to perform acts of execution;
E1 in record mode) breach, preparation and storage of the archive;
f) extreme violation of Code of conduct;
g) non-compliance with decisions of the bailiff professional bodies;
h) absence of unjustifiable from Office for more than two consecutive working days;
I) finding professional incapacity, rendered through the cancellation of the irrevocable court judgment, of a number of judicial enforcement, representing 10% of the dossiers of execution or execution of acts, drawn up in a maximum of 20% of the dossiers, instrumented in a calendar year;
j) failure of materials requested by the Ministry of Justice, the National Union of Bailiffs or the disciplinary College for the purpose of the exercise by them of their duties laid down by law/statutory;
k) obstructing in any manner his duties of controllers to monitor the activity of the bailiff;
l) exercise quality bailiff during the suspension of activity or pursuit of the activity of the bailiff contrary to legal provisions concerning territorial jurisdiction.
(3) in the event of suspension or termination of the activity, the bailiff remains subject to disciplinary liability in respect to actions or omissions specified in paragraph 2. (1) committed while working as a bailiff.
Article 211. The Statute of limitations for disciplinary liability of the bailiff (1) the bailiff may be disciplinary held liable within one year from the date when the Commission of disciplinary offence became or ought to become known, but not later than two years after committing it.
(2) by way of derogation from paragraph 1. (1) where a decision out of a national or International Court of committing a disciplinary result by the bailiff, the disciplinary sanction shall be applied within a period of one year from the date of formation of the irrevocable decision of the domestic or international.
(3) the relevant statute of limitations for prosecution shall be suspended for the period of disciplinary action in recognizing the bailiff in annual leave, sick leave, annual leave for child care or for the duration of the criminal proceedings. The term continues to flow after the cessation of the circumstances leading to the suspension.
Article 22. The College disciplinary action (1) the disciplinary College is constituted under the auspices of the National Union of Judicial Executors and aims at examining cases concerning the disciplinary liability of the bailiff.
(2) the disciplinary College consists of 7 members: three members appointed by the National Union of Judicial Executors, two members appointed by the Ministry of Justice, a representative of academia in the field of law and a representative of civil society. The representative of academia and civil society are jointly select the Ministry of Justice and the National Union of Bailiffs, contest. National Union of Bailiffs and the Ministry of Justice shall designate alternates in the same way for each Member of the College disciplinary action. The Secretary to the College disciplinary action will be appointed from among the employees of the National Union of Bailiffs.
(3) by order of the Minister of Justice establishing the disciplinary College and their alternates shall be appointed in the manner provided in paragraph 1. (2) and (4) the term of Office of the Member of the disciplinary College is two years after the designation. A member of the disciplinary College may be appointed for a maximum of two consecutive terms. The term of Office of a member of the College disciplinary action is not compatible with membership of the Licensing Commission, of the Audit Commission and of the Council of the National Union of Bailiffs.
(5) members of the disciplinary College academics and civil society shall receive an allowance of which the calculation is defined by the National Union of Bailiffs.

(6) the bailiffs who have been applied in disciplinary sanctions for the past three years may not be members of the College disciplinary action. If one of the members of the Forum is subject to the disciplinary procedure, it will be replaced by alternate.
(7) meetings of the disciplinary College deliberative are present 5 members. Under the sanction of invalidity, the decisions of the College shall be at least 4 votes.
(8) members of the disciplinary College are bound to secrecy, not to disclose information in the course of the disciplinary proceedings and to not disclose any opinion expressed during the disciplinary procedure, with exceptions provided by law.
(9) Regulation of activity of the College disciplinary action is approved by the Ministry of Justice, after consultation with the National Union of Bailiffs.
Article 221. Termination and suspension of the mandate of a member of the College disciplinary action (1) the term of Office of the Member of the disciplinary College ceases in case of expiry of the term of their mandate);
b voluntary opt-in) membership;
(c) the revocation of the mandate) by the body that appointed the Member shall, under the conditions of paragraph 1. (2);
d) of disciplinary sanctions for irregularities committed in the course of professional duties;
e) by the sentencing court through an irrevocable decision for committing a crime;
f) death.
(2) the revocation of the mandate of the Member of the disciplinary College occurs in case of unjustified absence: a) from three consecutive meetings of the College or of failure to comply, groundless reasons, membership obligations set out in this Act or in the rules of the disciplinary College;
b participation in examining the referral) under the conditions of the existence of a conflict of interest;
c) incompatibility situation occurrence. 22 paragraph 1. (6);
d other grounds set out in) to the status of National Union of Bailiffs appointed by members-National Union of Bailiffs.
(3) the membership of the College disciplinary action shall be suspended in the event of commencement of criminal proceedings against the Member of the College, if they have been applied to procedural measures of constraint impeding the exercise of the mandate.
(4) suspension of membership of the College shall not suspend disciplinary flow term respectively.
(5) in the case of termination or suspension of the mandate of a member of the disciplinary College, except as provided for in paragraph 1. (1) (a). has its place) is picked up by the alternate.
(6) in the case of termination of the membership of the disciplinary College, the appointment of a Deputy of the College instead of the vacancy shall be made within one month from the date of occurrence of the holidays, as established in article 24. 22 paragraph 1. (2) the alternate will exercise their powers for the remaining period of the mandate.
(7) at least two months before expiry of the term of the members of the disciplinary College, National Union of Bailiffs and the Ministry of Justice will appoint new members, including alternate members of the College.
Article 222. The College disciplinary referral (1) Referral on the disciplinary responsibility of the bailiff shall be forwarded to the College disciplinary action by the Minister of Justice, the Council of the National Union of Bailiffs and the persons alleging breach of their legitimate rights or interests in enforcement proceedings, in written form, indicating the reasons for which the referral.
(2) If, in the process of examining the referral on the disciplinary responsibility of the bailiff, the disciplinary College identifies signs of other disciplinary than those put forward in the complaint, the College will inform the Minister of Justice and the Council of the National Union of Bailiffs.
(3) where are several complaints concerning the same Act and bailiff, they conexează.
Article 23. Disciplinary procedure (1) not later than 30 days after the registration of the referral on the disciplinary responsibility of the bailiff will be called examination date, which will be communicated to the author of the referral, the bailiff and the members of the disciplinary College. In the same period, the copy of the complaint is sent to the bailiff by one of the procedures laid down by the National Council of the Union of officers of the Court, or by any means that allows confirmation of receipt.
(2) within the period indicated in paragraph 1. (1) copy of the complaint is submitted to the members of the disciplinary College.
(3) the disciplinary College Meetings are public, except in cases where the disciplinary College decide, ex officio or on the basis of application by the bailiff or the author of the referral, the examination of the case in closed session to prevent the disclosure of certain confidential information from within the procedure of execution or for protection of privacy.
(4) the Secretary of the disciplinary College ensures access to the bailiff and the author of the referral on the disciplinary responsibility of the bailiff, as well as their representatives, the notification and the accompanying materials.
(5) the bailiff shall furnish a certified copy of the disciplinary College on materials of the execution which is the subject of the referral and any other documents relevant to the claims alleged in the complaint not later than 5 working days after the date of receipt of the copy on the referral.
(6) members of the disciplinary College organizations have the right to ask the bailiff and other presentation of opinion necessary to elucidate the facts alleged in the appeal relating to the disciplinary responsibility.
(7) during the examination of the referral on the disciplinary responsibility of the bailiff, the presence at the meeting of the bailiff endorsed is mandatory. If the bailiff is missing unjustifiably College disciplinary action may examine the appeal in his absence.
(8) during the sessions of the disciplinary College, the bailiff and the author of the referral may be assisted by a lawyer or a representative. Bailiff, lawyer or representative thereof shall have the right to give explanations, to present evidence and make representations at any time.

(9) The decision of the disciplinary College can be heard and others invited to the bailiff or the proposal of the disciplinary College, can be studied both documents and other material in the execution and presented additional participants in disciplinary proceedings.
(10) where, in the course of the examination of the referral on the disciplinary responsibility of the bailiff, the bailiff acts constituting the object of the report I am at the same time the object of a dispute in the courts, the disciplinary College, where appropriate, suspend the examination of the referral until a court decision is irrevocable.
(11) the withdrawal of referral on the disciplinary responsibility of the bailiff may constitute grounds for terminating the disciplinary procedure only where the examination process of referral are not established facts that led to the injury of other people's rights or other interests protected by law.
Article 231. The College disciplinary decisions (1) College disciplinary issue one of the following decisions: a disciplining of the infringement finding) and the application of disciplinary sanctions;
b) rejection of referral on the disciplinary responsibility of the bailiff, where it was found no grounds for prosecution or disciplinary;
c) termination, where the disciplinary College establishes deadlines for bringing the disciplinary action provided for in article 10. 211. (2) where the disciplinary College has voted previously on any complaints given the same grounds, the same persons concerned and acts, it terminate the examination referral with identical elements.
(3) If the disciplinary College finds that the facts adduced in the appeal relating to the disciplinary liability of the bailiff does not relate to the jurisdiction of the College, it is the rejection of referral and transmit the materials to the competent authorities.
(4) the decision on the Device for examining the referral to disciplinary responsibility of the bailiff to pronounce publicly by the President of the College's disciplinary hearing. If a member of the College has a separate disciplinary review against the decision to the College, it exhibits in writing, giving reasons. Separate opinion not reads and is attached to the file.
(5) The term of up to 15 working days from delivery of the device, the College shall establish a disciplinary decision reasoned that shall be signed by the Chairperson and the members of the disciplinary College who attended the meeting. The same time limit applies and for drawing up separate opinion.
(6) within three working days of the date on which the decision reasoned decision depersonalizată of the disciplinary College, accompanied, where appropriate, separate opinion depersonalizată, shall be published on the official website of the Ministry of Justice and the National Union of Bailiffs in the dedicated compartment to the College disciplinary action, without it being necessary to communicating them through other methods bailiff endorsed and author of the referral. Full text of the decision will be able to be received by the interested party, within three working days of the request, the Secretary of the College. In case of cancellation through the final judgement of the decision of the disciplinary College, this information will be reflected on the official website of the Ministry of Justice and the National Judicial Executors.
Article 24. Disciplinary sanctions (1) disciplinary Sanctions shall apply in relation to the seriousness of the offence and consist of: a) warning, with the obligation to instruct, at their own expense, for a duration from 4 up to 8 hours and academic;
b) rebuke, with the obligation to instruct, at their own expense, for a period of 8 to 24 academic hours;
c) fine;
d) suspending the activity of the bailiff for a period of one month up to 6 months;
(e) withdrawal of the licence).
(11) the penalties provided for in paragraph 1. (1) (a). a) and b) runs within a maximum period of 30 days from the date of the coming into legal force of the decision of the disciplinary College final. In the case of non-execution thereof within the period indicated, shall apply the provisions of art. 18 paragraph 1. (1) (a). E1).
(2) the size of the fine provided for in paragraph 1. (1) (a). c) is from 30 to 600 conventional units. It shall be deposited to the account of the National Union of Bailiffs. Failure to pay this fine within 30 days of the suspension of law attract activity pursuant to article bailiff. 18. the final decision of the disciplinary College is an enforceable document.
(3) repealed.
(4) a disciplinary Sanction shall be applied by decision of the disciplinary College.
(5) repealed.
(6) repealed.
(7) the decision of the College disciplinary action may be challenged, without the need for prior proceedings in the Court in whose jurisdiction is located the National Union of Bailiffs, within 30 days of receipt, in the manner prescribed in article 21. 231 para. 6. Judgement call is in dispute with the conditions of the Civil Procedure Code. Decisions by the Court of appeal are not subject to appeal, being final and irrevocable from typesetting system.


Chapter VIACTIVITATEA BAILIFF Article 25. Organization of the work of the bailiff (1) the bailiff shall take place within an Office, they can activate one or more bailiffs associates. Rights and obligations of bailiffs holding office in order to associate shall be determined by contract. Within the Office, every bailiff operates individually and personally responsible for his work.
(2) the bailiff has its Office in the District Court for which he was sworn into Office, except the enforcers in Chisinau that can hold any offices in the district judges of the radius of the municipality.
(3) a district judges can activate one or more offices of the bailiff.
(4) it is prohibited to bailiff offices location in premises which come under the management of the courts.

(5) Office of the bailiff must comply with all the requirements enabling activity and preservation of archives. Requirements relating to the Office of the bailiff and the work programme of the Bureau shall be determined by the National Union of Bailiffs.
Article 26. Territorial jurisdiction (1) the bailiff may take enforcement actions only in territorial constituency the Chamber of bailiffs inside which his Office is located, if the law does not establish otherwise.
(2) execution request will be submitted to the bailiff mandated by the party concerned, if the law does not establish otherwise.
(3) the bailiff may refuse receipt of the documents given by law in its territorial jurisdiction as established by the Chamber of bailiffs, than in the conditions established by law.
(4) where, in the constituency of a number of judges, bailiffs is not enough, territorial Chamber of bailiffs will extend the temporary territorial jurisdiction of one or more bailiffs from the same constituency in respect of the categories of documents whose enforcement of mandatory legal regulations exist with respect to territoriality.
Article 27. Seal of the bailiff and identification documents (1) the bailiff has a seal with the image of the State Emblem, with the inscriptions "Republic of Moldova" and "bailiff", with the name and surname, with the series and number of the license. The seal is affixed to all documents pertaining to the work of the bailiff, if the law does not establish otherwise.
(2) the seal shall be made after a single model, approved by the Ministry of Justice.
(3) the bailiff has one badge, and the form and content of which shall be approved by the National Union of Bailiffs.
Article 28. Bailiff's bank account (1) the bailiff shall have the following bank accounts: the current account) on which deposit sureties and amounts resulting from enforcement and other procedural activities, as well as enforcement and charges fees for carrying the bailiff acts;
b) account for collection of fees.
(2) the funds from the bank account indicated in paragraph 2. (1) (a). He tracked) cannot be the basis of the claims of creditors of the bailiff, and transactions in this account can not be cancelled. In case of liquidation of the financial institution where the forced its open account bailiff, the financial means on the account shown will be paid priority payment of other categories of claims.
(3) the bailiff is the only person authorized to administer and dispose of the account. He may delegate another person by proxy of its powers relating to the Administration and disposition of a special account, but remains responsible for the consequences of its actions.
(4) upon termination of the current account, the bailiff shall be sent to the bailiff appointed by the National Union of Judicial Executors.
Article 29. Track accounts bailiff is obliged to keep track of accounts of its activity under conditions set by law.
Article 30. Insurance of risks of the activity of the bailiff (1) the bailiff is obliged to conclude a contract of insurance against civil liability in respect of possible risks of professional activity. The insurance contract is to be concluded by the bailiff before the start of the activity and is recorded at the National Union of Bailiffs.
(2) the minimum amount insured for occupational risks of the activity of the bailiff is determined by the National Union of Bailiffs.
Article 31. Archive enforcers (1) Archives bailiffs is the property of the State.
(2) the register, preparation, preservation and teaching of the archive shall be established by a regulation, to be coordinated with the State Archives Service and approved by the Ministry of Justice.
Article 32. Staff of the Office of the bailiff (1) to ensure the functioning of the Office and activities carried out by the bailiff can be attracted specialists and auxiliary workers.
(2) the activities of the Office attracted bailiff are obliged to ensure the confidentiality of data relating to enforcement proceedings, they became aware. Disclosure of inside information incurs.
(3) the conditions and manner of compensation of persons drawn into the activities of the Office of the bailiff shall be determined on the basis of the contract concluded with them.
Article 33. Supervision of the activity of the bailiff (1) supervision of the work of the bailiff is exercised by the Ministry of Justice and the National Union of Bailiffs.
(2) Supervision consists in carrying out checks on the activity of the bailiff execution through records, keeping registers of the enforcement procedure, the method of calculation of the costs of enforcement, storage of documents and electronic archives, use the link with the computer through the network records, compliance with working hours. The activity of the bailiff shall be carried out every 2 years. The work of the newly appointed bailiff is subject to the first control on the first year of activity. Additional controls may be carried out only if they have known whose data verification is required.
(3) at the request of the person carrying out the check, the bailiff shall furnish proof of execution, archive folders, accounting registers pertaining to special current account and other documents relating to the work of the bailiff.
(4) the controlling Persons will not give appreciation of procedural actions of the bailiff.


Chapter VIIINTERACŢIUNEA BAILIFF with THIRD PARTIES and with the PARTIES in the AUTHORISATION PROCEDURE EXECUTION Article 34. The interaction of the bailiff

                         with applicants for bailiff services Actions start at the applicant's request, where the law provides otherwise.
Article 35. The validity of procedural acts and actions In case of take-over of the enforcement proceedings by another bailiff, the bailiff acts done before the time of the takeover have legal effect, subsequent enforcement actions and start at the Act of procedure in progress.
To in article 36. The interaction of the bailiff with the debtor and third parties (1) the debtor is obliged to allow the bailiff to carry out all necessary documents stipulated by law enforcement. During the procedure of execution, the debtor, at the request of the bailiff, is obliged to declare his/her own responsibility all property, income and claims against third parties.
(2) at the request of the bailiff, who owes the debtor money times its own other property subject to prosecution according to the law are required to submit the requested information.
Article 37. Interaction between bailiffs with other authorities (1) the authorities of Central and local public administration, institutions (including financial), organizations (regardless of the type of ownership and legal form of organisation) that holds the State records and information relevant to the enforcement proceedings are obliged, within a maximum period of one month from the date of the request by the National Union of Bailiffs to conclude supply contracts with on-line information relevant to the identification of the debtor, its heritage and the place of their whereabouts.
(2) financial institutions are obliged to provide the information requested by the bailiff, to allow verification of turnover amounts in the bank accounts of the debtor, with the immediate and unconditional release of the extract from the bank account.
(3) police officers and representatives of the local public administration are obliged, at first request, written or verbal, the bailiff, to ensure public order and to participate in the development of procedural measures provided for by law.


Chapter VIIICHELTUIELILE of ENFORCEMENT Article 38. Fees for performing acts of the bailiff charges execution and procedure (1) the bailiff shall be entitled to remuneration for his work and the reimbursement of costs related to its work.
(2) the fees of the bailiff to carry out laws and enforcement procedure charges are paid in advance, on the basis of a list drawn up by the bailiff, by the creditor or the person conducting asks question.
(3) fees for performing acts of the bailiff charges execution procedure and will be considered the cost of this procedure.
(4) the bailiff shall be entitled, at the request of the creditor, person to accept the staggering advance fees for execution acts.
(5) the size of the fees of the bailiff to carry out laws and enforcement procedure charges shall be determined by the Government.
Article 39. Bailiff fees (1) the fee shall be paid to the bailiff in case of total or partial shut-down of the obligation laid down in the enforcement. The size of the fees of the bailiff is determined by code enforcement.
(2) the bailiffs can negotiate with the lender advancing all or part of the fee, however, does not have the right to make the implementation performance of the enforceable documents of early payment of the fee.


Chapter IXORGANELE of the BAILIFF PROFESSIONAL Article 40. National Union of Bailiffs (1) National Union of Bailiffs is a nonprofit professional association which all bailiffs. The Union has its registered office in Chisinau. Bailiffs are becoming members of the National Union of Bailiffs at the time of investiture in Office.
(2) National Union of Bailiffs is a legal person and has been working in basic status.
(3) National Union enforcers has the following duties: supervises the work of bailiffs) regarding the professional fulfilment of their obligations and compliance with professional ethics;
b generalize practice) execution of judgements;
c) ex-officio presents the College disciplinary action regarding appeals opinion on the disciplinary responsibility of bailiffs;
d) organizes the competition for admission as a trainee bailiff;
e) organizes training courses and professional training of bailiffs and bailiff training interns;
f) keeps track of training courses and further training attended annual bailiffs with information of the Ministry of Justice;
g) verifies that it complies with the conditions for the grant of professional soldiering by bailiffs interns;
h) verifies that the powers are exercised territorial chambers of bailiffs;
I) adopt binding acts for all members of the National Union of Bailiffs in the limits of its competence as provided by law and statute;
j) organise, promote and fulfil the tasks in support of the alternative enforcement measures;
k) meets other duties stipulated by law and the bylaws.
(4) National Union of Bailiffs and the participates directly in solving the problems related to the regulation of the activity of the bailiff.
(5) in the elaboration of any documents, or legislative enactments relating to the activities of the enforcement authorities will be asked for their opinion and proposals of the National Union of Judicial Executors.
(6) National Union of Bailiffs ensure organisation of the Commission's work.
(7) the National Union of Bailiffs are: a) the Congress;
b) Board;
c) President;

d) Secretary general;
e) Auditing Commission.
Article 41. Congress (1) the supreme organ of the National Union of Bailiffs is the Congress, composed of all its members.
(2) the Congress shall be convened in ordinary sessions at least once a year.
(3) if necessary, Congress convenes extraordinary meetings: on the initiative of the Council);
b) on a proposal from Justice Minister;
c) at the request of at least 1/5 of the total number of members of the National Union of Bailiffs.
(4) the Congress shall be convened by the Council announcing his bailiffs-in advance shall be at least one month of the date, time and place of the hearing, about the agenda and rapporteurs, being informed the Ministry of Justice. Participation in the Congress is mandatory.
(5) the Congress shall have the following duties: a) the adoption and amendment of the statutes of the National Union of Bailiffs;
(b) election of the members of the Council);
c) election of the President the National Union of Bailiffs of the members;
d) choosing the bailiff to be appointed within the Commission's licensing and disciplinary College;
(e) election of the members) Audit Commission;
f) minimum amount approval liability insurance of bailiffs;
g) approval of mandatory contributions size bailiffs to the National Union of Bailiffs;
h) approval of the fee to be paid by the bailiff trainee National Union of Bailiffs to perform the adaptation period;
I) annual report of the Council's approval, of the Secretary general and the Audit Committee;
j) approval of the programme of activities and budget of the National Union of Bailiffs for the following year;
k) adoption and modification of the code of conduct of the bailiff;
l) adopting Regulation of the activity of the territorial Chamber of bailiffs;
appointment of Auditor);
n) other duties stipulated by the law and the bylaws.
(6) the decisions of the Congress shall be adopted by a majority vote of those present.
Article 42. The Council (1) the executive body of the National Union of Bailiffs is the Council, consisting of 7 members elected for a term of 4 years. The President of the National Union of Bailiffs is the Chairman of the Board.
(2) the Council shall convene meetings whenever it is necessary, but not less than once in a quarter. Сonsiliului decisions shall be adopted by a majority vote of the members present.
(3) Сonsiliul has the following attributions: a) Justice Minister proposes for approval by the requisite number of bailiffs and the territory of activity;
b) choose from among its members the Deputy Chairman;
c) distributes enforcers who will ensure that persons who have promoted the training camp competition for admission to the University;
d) circumscriptions boards of bailiffs;
e shall submit annually to the Minister of Justice) information on the registration of contracts of insurance of civil liability of bailiffs;
f) approve personnel and conditions of realisation of employing staff for National Union of Bailiffs, the size of the salary Fund;
g) approves recommendations of generalization of practice performance and submits them for information to the Ministry of Justice;
h) ensures that the convening of the Congress;
H1) examines the challenges to the provision of rooms denominated judicial executors;
I) meets other duties laid down by this law and the Statute.
Article 43. President (1) the President of the National Union of Bailiffs is elected by secret ballot for a term of 4 years. Can be elected President a person in the area of enforcement for at least 5 years. A bailiff cannot be elected President for more than two consecutive terms.
(2) the President of the National Union of the Bailiff shall have the following powers: (a) National Union) are the Enforcers in dealing with individuals and legal entities in the country and abroad;
b) presides the Council;
c) signed the acts of the Council;
d) oversees relations between the National Union of Bailiffs and bailiff territorial chambers as well as the relations between territorial chambers of bailiffs;
e) assist the Chambers of bailiffs in their dealings with Central and local public authorities;
(f) exercise other duties laid down) of this law and the Statute.
(3) in the absence of the President of the National Union of Bailiffs, its functions are exercised by the Vice-President of the Council.
Article 44. Secretary general (1) the administrative and financial organization of the economic National Union of Bailiffs is ensured by the Secretary-General.
(2) the Secretary-General shall be engaged according to the Council, on the basis of the competition on a 5-year term, renewable once.
(3) may be employed in the Office of Secretary general person who has higher legal and economic studies and a length in at least 5 years.
(4) the Secretary general shall have the following duties: responsible for the management of) economic and financial assessment of the National Union of Bailiffs;
b) conclude agreements and contracts on behalf of the National Union of Bailiffs;
c budget means) manages the National Union of Bailiffs;
d) elaboration, validity and organizes the presentation to Congress of the draft annual budget of the National Union of Bailiffs;
e) report on the implementation of the Congress presents the annual budget of the National Union of Bailiffs;
f) participate in the meetings of the Congress and the Council without the right to vote;
g) draft agenda and preparing the materials of the Congress of the Council after consultation with the last;
h) employ staff National Union of Bailiffs and runs its business activity;
I) organizes all buildings from keeping property or from the National Union of Bailiffs, and other goods that are in its management;
j) meets other duties at the indication of Congress and the Council.

(5) the Secretary general shall be remunerated. The size of the remuneration shall be determined by the Council.
(6) the Secretary general shall not be entitled to cumulate other remunerated functions or activities, except teaching, scientific and creative.
Article 45. Auditing Commission (1) the auditing Commission consists of 3 members, elected for a term of 2 years. Member of the Audit Commission may not be a member of the collegial organs of other National Union of Bailiffs.
(2) the auditing Commission is created to check the economic-financial activity of the National Union of Bailiffs. Ordinary control shall be conducted once in a year. In case of necessity, the check may be carried out at the request of one-fifth of the membership of the bailiff, or at the request of the President of the National Union of Bailiffs.
(3) oversight of the auditing Commission completes drawing up an instrument which will reflect the period verified, correlation with expenditure budget merits the expenditure incurred, the findings and recommendations of the Commission. The Act is signed by all members of the Audit Committee. Member of the Audit Committee may express its dissent, which is attached to the act.
(4) the Audit Commission Act shall be made.
Article 46. Material ensuring of the National Union of the National Union of Bailiff Bailiff carries out its activity on the basis of funds accruing from: (a) mandatory contributions) paid monthly by enforceable court order, which may not be less than 3% of amounts received by way of a fee;
b) the sums paid as fines and fees under the present law;
c) other sources not prohibited by the law.
Article 47. The Chamber of bailiffs (1) the Chamber of bailiffs working in District established by the National Union of Bailiffs. In the Republic of Moldova three rooms of bailiffs.
(2) the Chamber of bailiffs territorial belong to all bailiffs who have Office in Vienna.
Article 48. The powers of the territorial Chamber of bailiffs Chamber of bailiffs shall have the following duties: a) to carry out the decisions of the National Union of Bailiffs;
b) shall draw up and publish a list of changes the bailiffs Chamber members;
c) establishes territorial jurisdiction enforcers inside the District Court in respect of the categories of documents whose enforcement, for enforcement of mandatory legal regulations exist regarding the territoriality;
d) examines petitions concerning the work and professional ethics enforcers in Vienna to territorial and National Union to inform the Bailiff about irregularities detected in order to decide on the necessity of referral to the disciplinary College;
(e) National Union) shall inform the Bailiff bailiff offices activity and amount of bailiffs;
f) in the event of suspension or termination of the activity of the bailiff, ensure archive and retrieving and transmitting the execution procedures held by it;
g) meets other duties laid down by this law and regulation of activity.


Chapter XDISPOZIŢII FINAL and TRANSITORY Article 49 (1) of those working on the date of entry into force of the present law as director, Deputy Director, head of Division associate and execution of civil and administrative documents of the legal service, Chief (Deputy Chief) of the Office of enforcement, civil contributor to the Department's Office of enforcement of the execution Department and which meet the conditions laid down in article 21. "". (1) (a). a)-c) and (e))-f) (except those holding temporary functions) shall, on request, issue licenses for the work of bailiffs in the locality at the time of entry into force of this law, without supports.
(2) an application referred to in paragraph 1. (1) is addressed to the Minister of Justice and shall be filed through the Department of enforcement within 15 days from the date of entry into force of this law.
(3) within 15 days after the deadline for the submission of the application referred to in paragraph 1. (1) the Minister of Justice shall issue a licence for the activity of the bailiff.
(4) employees of the central apparatus of the execution Department and heads the enforcement offices invested with power to the work of the bailiff may continue working within them until the termination of the activity of the institutions.
(5) the number of enforcers invested in function will not be increased for at least 3 years after the entry into force of this law.
(6) the conditions referred to in article 1. 14. (2) (a). b)-d) are to be fulfilled within 30 days of bailiffs who received license under this article.
(7) until the sworn-in function, bailiffs who refused a licence under the terms of paragraph 1. (1) will continue to exercise their powers within the functional execution of the Department's offices.
Article 50: the execution Department) will hold its enforcement procedures and transmission of funds from deposit account of the enforcement offices at bailiffs invested;
b) will exercise the functions of the National Union of Bailiffs until its creation;
c) is organizing the provisional opening an account to store funds intended for the National Union of the Bailiff under this Act, and shall adopt a provisional regulation for the use of those means until the establishment of the National Union of Bailiffs;
d) will convene the first Congress of the bailiff at the sworn-in of at least 1/3 of the enforcers, but not later than 2 months from the date of entry into force of the present law;
e) will ensure the issuance, in accordance with labour legislation, persons referred to in art. 49, who have not requested the issue of a licence under this law.
Article 51 the Ministry of Justice:

of termination) shall ensure the polling civil enforcement offices in so far as the investiture of the 1/2 of the bailiffs set for the given constituency;
b) will provide initial professional training-management of people who have received the license for the activity of the bailiff;
c) shall establish, in coordination with the Department, how you can use material means placed in the administration of this Department;
d) will ensure the termination of the enforcement Department until 15 September 2010, but no earlier than the date of the adoption of the legislative act regulating the procedure of bailiffs.
Article 52 (1) of the civil sections of the Archive offices, at the time of termination thereof, will be invested according to the bailiff.
(2) the Department, in coordination with the Ministry of Justice shall establish the procedure and conditions of transmission of archives mentioned in paragraph 1. (1) in Article 53. procedures for the execution of enforcement offices of the execution Department, the bailiff will continue to carry out all necessary enforcement actions. Enforcing laws made by the bailiff previous legal effect for newly-appointed bailiff, it not being liable for damage caused or likely to be caused in the future as a result of the work of the bailiff.
Article 54 (1) the scope of this law are not bailiffs continue to operate within the offices of enforcement of the execution Department, their activities being governed by the provisions of the enforcement Code of the Republic of Moldova nr. 443-XV of 24 December 2004 and the law No. 204-XVI dated 6 July 2006 concerning forced execution system.
(2) If in respect of the same debtor are brought more enforcement procedures, of which at least one is working at a bailiff from the offices referred to in paragraph 1. (1) these proceedings will be taken by the bailiff sworn under the present law, a more advanced stage of execution or the first referred to it.
(3) until the establishment of the National Union of Bailiffs, compulsory initial fee will be of 150 conventional units (a conventional unit constituting the equivalent of 20 lei) and will be paid by the persons referred to in art. 49 para. (1) once the application for licence.
Article 55 (1) within 2 months from the date of publication of the present law, the Government will: a) submit to the Parliament proposals on bringing the legislation in force in accordance with this law;
b) will adopt regulatory acts necessary to implement the present law;
(c)) will be created within the Ministry of justice a subdivision that would ensure coordination of the work of the bailiff.
(2) within 2 months from the date of publication of this law, the Ministry of Justice will develop and approve normative acts necessary for the Organization and functioning of the system of enforcement.