Termenul de contestare a actelor întocmite de executorul judecătoresc potrivit legislaţiei Republicii Moldova
The term of contestig the bailiffs’ acts provided by the legislation of Republic of Moldova

Summary/Abstract: The security of legal relationships requires the establishment of legal certainties, including on the phase of forced execution of courts’ decisions. In this regard, the Execution Code of the Republic of Moldova regulated the terms required to contest the acts, actions and inactions of the bailiff. In the same context, art. 162 para. 1 and para. 2 of the Execution Code of the Republic of Moldova established a term of 6 months deadline, from which the following rules are issued: 1) the execution acts drawn up by the bailiff cannot be contested if from the moment they were made have passed more than 6 months; 2) the person cannot be reinstated in time if more than 6 months have elapsed since the date of issue or refusal to issue the contested act. The mentioned deadline aroused a series of theoretical polemics and practical problems regarding the opportunity of such limiting regulation, including through the prism of art. 6 CEDO. Controversies that culminated in the fact that the respective regulation was the object of the constitutionality control, in two lines, being ordered two totally different solutions. Thus, if by Decision no. 55 of September 6, 2016, the Constitutional Court of the Republic of Moldova declared inadmissible the complaint regarding the control of the constitutionality of the respective regulations, recognizing their constitutional character. Then, by the solution contained in the Decision of the Constitutional Court of the Republic of Moldova no.8 of 05.04.2019, the aforementioned provision was declared unconstitutional, a new rule was instituted, according to which: the deadline for contesting the acts issued by the bailiffs in the forced execution procedure will be calculated according to the rules established by articles 66 para. (2) or, as the case may be, 67 para. (7) of the Execution Code − that is, from the communication. For this reason, we intend to treat this topic in the present scientific study.

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