Procedura scrisă de judecare a cererii de contestare a actelor executorului judecătoresc
Written procedure regarding the judging of the contestion complaint of the bailiffs’ acts

Summary/Abstract: Adoption of the Law no. 17 of 5 April 2018 for amending and supplementing some legislative acts, regulated the possibility of judging the complaints for contesting the acts of the bailiff in the written procedure. Thus, based on the norm, set out in art. 270 paragraph (4) of the Civil Procedure Code of the Republic of Moldova, the acts of the execution procedure shall be issued unipersonally, without the summoning of the participants in the trial, unless the judge considers that the presence of the participants in the trial is necessary. Thus, it is noted that unipersonally judging appeals is the rule, and the establishment of the court hearing the exception. As a newly implemented procedure, at the initial stage, the written procedure for settling appeals against acts of the bailiff does not describe in detail and cover any procedural incident that may arise. In such circumstances, an active role lies with the court by the formation of a uniform judicial practice, which would ensure a fair judicial interpretation of the law. In parallel, in order to identify certain gaps or weaknesses in law enforcement, a decisive role lies with the judicial doctrine by carrying out studies and researches in the field.

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