Law on bailiffs to be improved

26 September 2023, Chisinau – The Cabinet of Ministers today approved several amendments to the Law on bailiffs with the aim of making their work more efficient and accountable. Amending the legislation on the work of bailiffs is also a measure provided for in the Government’s Action Plan for 2023.

Thus, the draft law aims to:

• ensuring additional safeguards with reference to the rights of persons involved in ongoing enforcement proceedings with the bailiff whose activity is suspended or has ceased (e.g. including clearer provisions in the part concerning the transmission of enforcement files to the bailiff who is to take them over);
• determining how the Licensing Board and the Disciplinary Board should be set up to ensure their continued operation;
• the assignment of additional powers to the Ministry of Justice in the event of situations where the functioning of the professional body is blocked;
• Establishment of the competences of the Ministry of Justice and the National Union of Judicial Officers in the field of supervision and professional regulation of the activity of judicial officers;
• Establishment of clear rules on the initiation and examination of disciplinary proceedings (criteria, terms, etc.);
• clear regulation of the situations of absence from the bailiff’s office and the consequences in the event that the bailiff admits an unjustified absence from his office.

Particular attention has been paid to issues related to access to the profession of bailiff. In this respect, the draft provides a list of criteria against which the good reputation of the candidate seeking to enter the profession of bailiff is to be measured. “We hope that the new legal provisions will provide a greater guarantee that the services provided by bailiffs will be provided by people with good professional training and a high level of integrity”, stressed Veronica Mihailov-Moraru.

According to the Minister of Justice, the regulatory amendments contained in this draft are a further step towards strengthening the profession of bailiff, ensuring the efficient and correct work of bailiffs, as well as respect for citizens’ rights in the context of enforcement proceedings.