Vehicles detained to be returned to owner in Moldova, if bailiffs do not raise them in three days after detaining

Chisinau, 12 September /MOLDPRES/ - The transport means detained by the police, at a demand by bailiffs, which will not be taken over by the latter in three working days after the communication about the detaining, will be returned to the legal owner or possessor, under a draft law approved by the cabinet today.   

The draft is promoted by the Interior Ministry and its author is the General Inspectorate of the Border Police.  

According to the present version of the Enforcement Code, bailiffs have right to demand and receive from the authorities holding state registers any information needed for the enforcement procedure. Yet, the transport means detained at a demand by bailiffs stand for long periods, without actions undertaken concerning them. This fact implies “unjustified spending on behalf of the state’s authorities,” as places for standing are needed to be set for the concerned period, as well as to ensure the guard and integrity of the transport means, the draft’s authors said.  

The authors said that, in the lack of a period of detaining, bailiffs ignore authorities’ demands to raise the detained transport means as soon as possible, relying on the legal provision to detain them till the delivery, “which is an uncertain term.” Thus, the problem of transport units detained is entrusted with the authorities which detained them and not with those who demanded this.  

In 2017, under court decisions, the Border Police detained a number of 1,360 transport means, the guard and integrity of which was provided by its staff.

The draft suggests excluding situations of bailiffs demanding and receiving information from the authorities owning information systems, in case bailiffs have access to the concerned registers. Often, there are situations in which bailiffs, although they have access to the information system, ask to be presented information on paper, which is extracted from the same system by the staff of the authorities who hold the state register. Bailiffs are given access to information systems namely in order to remove correspondence on paper.    

The draft law is to be submitted to parliament for consideration.  

(Reporter V. Bercu, editor M. Jantovan)