The cabinet today approved a draft law on amendment of present legislation, in order to improve the mechanism to examine the civil causes and execution of court decisions.

The bill provides for the amendment of the Execution Code, Civil Procedure Code and Law on compensation by the state for a loss caused by the violation of the right to judge in reasonable time the cause or right to execution in due time of the court decision. The document’s goal is to remove deficiencies in some legislative acts, namely those referring to examination of civil causes and execution of court decisions within a reasonable time, in order to guarantee the citizens’ access to a fair justice.

Among the main proposed modifications are: providing of the right to creditor to choose another bailiff, even in case when the court remitted the enforceable document for execution ex officio. The draft law also stipulates for the parties of the execution procedure, a possibility to directly contest in the court the documents of the bailiff, latter having the status of respondent, as well as to provide premises necessary to appeal actions and inactions of the bailiff and provide the bailiff with the right to request the court to apply a fine of 10 to 30 conventional units to the parties during the execution procedure, who submit appeals in the court with bad faith or on formal grounds. The document also sees the setting of the possibility to sell disputable rights via the auction; establishing the rules to carry out auctions, which may be organised by the bailiff when selling the sequestered goods – the maximal number of auctions will be three, and the cost cannot be under 50 per cent of its evaluated price.

The bill is to be examined by the parliament.