Civil Procedure Code of The Republic of Moldova 30jan2014 en

LAW
Civil Procedure Code of the Republic of Moldova*
No 225-XV of 30.05.2003
Republished in the Official Gazette of the Republic of Moldova No 130-134/415 of 21.06.2013

Initial publication in the Official Gazette of the Republic of Moldova No 111-115/451 of 12.06.2003
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TAB LE O F C O N TE N T
TITLE I
GENERAL PROVISIONS
Chapter I
BASIC PROVISIONS
Article 1. Relations regulated by legislation on civil procedure
Article 2. Legislation on civil procedure
Article 3. Effects of civil procedural law in time
Article 4. Objectives of civil procedure
Article 5. Free access to justice
Article 6. Remedies for protection of rights, freedoms and legitimate interests
Article 7. Commencement of a civil action
Article 8. Right for legal aid
Article 9. Guiding role of the court in the civil process
Article 10. Procedural sanctions
Article 11. Ensuring of safety of the participants in a civil process
Article 12. Resolution of civil cases on basis of legislation of the Republic of Moldova
Article 121. Resolution of exceptional cases of unconstitutionality
Article 122. Advisory opinions of the Plenum of the Supreme Court of Justice
Article 13. Application of the legislation of other states
Article 14. Decisions of a court
Article 15. Right to appeal (contest) a court decision
Article 16. Binding character of judicial acts
Article 17. Generalization of judicial practice (case law)
Article 18. Usage of technical means
Chapter II
GENERAL PRINCIPLES OF CIVIL JUDICIAL PROCEDURE
Article 19. Administration of justice only by courts
Article 20. Judicial independence and legality (subordination only to law)
Article 21. Examination of cases by a single judge or a panel of judges
Article 22. Equal protection of the law and equal access to justice
Article 23. Public character of a court hearing
Article 24. Language of civil procedure and right to interpreter
Article 25. Direct and verbal character of civil process
Article 26. Adversary character and procedural equality of parties
Article 27. Discretionalism (free exercise of material and procedural rights by parties in a process)
Chapter III
GENERAL JURISDICTION
(Repealed)
Article 28. Repealed by law
Chapter IV
JURISDICTION OF THE COURTS
Article 32. Immutability of jurisdiction
Article 33. General jurisdiction of the courts
Article 331. Jurisdiction of trial courts
Article 35. Jurisdiction of Circuit commercial court
Article 37. Competing jurisdictions
Article 371. Jurisdiction over several related claims
Article 38. General territorial jurisdiction
Article 39. Alternative jurisdiction
Article 40. Exclusive jurisdiction
Article 42. Jurisdiction over several related civil lawsuits
Article 43. Transfer of lawsuit to different court
Article 44. Resolution of disputes over jurisdiction
Chapter V
COMPOSITION OF COURT. RECUSATION
Article 46. Composition of court
Article 47. Court clerk
Article 48. Resolving issues in collegial manner
Article 49. Inadmissibility of repeated participation of a judge in a process
Article 50. Grounds for recusation of a judge
Article 51. Grounds for recusation of an expert, specialist, interpreter or a court clerk
Article 52. Motion on recusation and self-recusation
Article 53. Procedure for resolving recusation requests
Article 54. Consequences of satisfaction of the request for recusation
Chapter VI
PARTICIPANTS IN A CIVIL PROCESS.
PROCEDURAL RIGHTS AND OBLIGATIONS OF PARTICIPANTS
Article 55. Participant in a civil process
Article 56. Rights and obligations of participants in a civil process
Article 57. Civil procedural passive legal capacity
Article 58. Civil procedural active legal capacity
Article 59. Parties in a civil process
Article 60. Procedural rights of the parties
Article 61. Obligation of the parties to exercise procedural rights in good faith
Article 62. Mandatory accessory participation
Article 63. Voluntary accessory participation
Article 65. Principal intervener (third party making independent claims on subject-matter of a dispute)
Article 67. Accessory intervener (third party not making independent claims on subject-matter of a
dispute)
Article 68. Procedural rights and obligations of accessory intervener
Article 69. Consequences of failure to bring accessory intervener in a process and failure to enter the
process
Article 70. Legal succession
Article 71. Participation of prosecutor in civil cases
Article 72. Procedural rights of prosecutor
Article 73. Commencing a case for protection of rights, freedoms and legitimate interests of other
persons
Article 74. Participation in process of public authorities giving opinion on the case
Article 75. Representation in court
Article 77. Appointment of attorney
Article 79. Legal representatives
Article 80. Presentation of representative’s empowerment
Article 81. Representative's empowerments in court
Chapter VII
COURT COSTS
Article 82. Court costs
Article 83. State duty
Article 84. Imposing a state duty
Article 85. Exemption from payment of state duty
Article 86. Deferral or installment payment of state duty
Article 87. Value of legal action
Article 88. Supplementary payment of state duty
Article 89. Repayment of state duty
Article 90. Expenditures related to examination of the case
Article 91. Amounts payable to witnesses, experts, specialists and interpreters
Article 92. Payment by parties of amounts due to witnesses, experts, specialists and interpreters
Article 93. Payment of amounts due to witnesses and interpreters
Article 94. Distribution of costs between the parties
Article 95. Payment of compensation for loss of working time
Article 96. Reimbursement of costs for legal assistance
Article 97. Allocation of court costs in case of renunciation of lawsuit or settlement agreement
Article 971. Reimbursement of court costs of the parties
Article 98. Reimbursement of expenses incurred by the court
Article 99. Appeal of court rulings on matters related to court costs
Chapter VIII
COMMUNICATION OF PROCEDURAL ACTS
SUBPOENAS, JUDICIAL NOTIFICATIONS
Article 100. Communication of procedural acts
Article 102. Subpoenas and judicial notifications
Article 103. Content of subpoena and judicial notification
Article 104. Delivery of subpoenas and notifications
Article 105. Serving of subpoenas and notifications
Article 106. Consequences of refusal to accept subpoena or notification
Article 107. Change of the address during the process
Article 108. Servicing the respondent by media
Article 109. Search for the respondent
Chapter IX
PROCEDURAL TERMS
Article 110. Procedural term
Article 111. Calculation of procedural terms
Article 112. Expiration of procedural terms
Article 113. Consequences of failure to complete procedural action on time
Article 114. Suspension of procedural terms
Article 115. Extending procedural terms
Article 116. Renewal of the missed term
Chapter X
EVIDENCE AND PROBATION
Article 117. Evidence
Article 118. Burden of probation in court
Article 119. Presentation and vindication of evidence
Article 120. Inspection and examination of written and material evidence at place of their storage or
location
Article 121. Relevance of evidence
Article 122. Admissibility of evidence
Article 123. Grounds for exemption from probation
Article 124. Deprivation of right to present evidence
Article 125. Court mandate (rogatory)
Article 126. Execution of court mandate (rogatory)
Article 127. Securing of evidence
Article 1271. Securing of evidence related to objects of intellectual property
Article 1272. Deposit in securing evidence prior to a lawsuit
Article 1273. Cancellation of measures to secure evidence
Article 128. Application for securing of evidence
Article 129. Procedure for securing of evidence
Article 130. Evaluation of evidence
Article 131. Explanations of the parties and third persons
Article 132. Testimony
Article 133. Persons who may not be witnesses in court
Article 134. Right of a witness to refuse to testify
Article 135. Witness statement of refusal to testify
Article 136. Obligations and rights of a witness
Article 137. Written evidence
Article 138. Submission of written evidence
Article 139. Assessment of the reliability of written evidence
Article 140. Obtaining of handwriting samples for a comparative study of written documents and
signatures on them
Article 141. Returning written evidence
Article 142. Real evidence (exhibits) and their determination
Article 143. Evidence storage
Article 144. Inspection and examination of perishable evidence
Article 145. Distribution of real evidence
Article 146. Sound and video recordings
Article 147. Storage and return of audio and video recording media
Article 148. Purpose of examination
Article 149. Appointment of an expert
Article 150. Actions preceding the expert examination
Article 151. Recusation of an expert
Article 152. Rights of the parties and other participants upon appointment and performance of an
expert examination
Article 153. Content of the ruling on appointment of an expert examination
Article 154. Rights and obligations of an expert
Article 155. Examination procedure
Article 156. Collective examination
Article 157. Complex examination
Article 158. Expert opinion
Article 159. Additional and repeated examination
Article 160. Refusal of the expert to give an opinion
Chapter XI
COURT FINES
Article 161. Court fines
Article 163. Examination of issues related to imposition of a fine
Article 164. Renunciation or reduction of a fine
Article 165. Deferral and installment execution of a court ruling
TITLE II
CIVIL PROCEEDINGS AT THE TRIAL STAGE
A. ACTION PROCEEDINGS
Chapter XII
COMMENCEMENT OF ACTION
Article 166. Form and content of the statement of action
Article 167. Documents attached to statement of action
Article 168. Acceptance and distribution of statement of action
Article 169. Refusal to accept statement of action
Article 170. Return of the statement of action
Article 171. Leaving statement of action without movement
Article 172. Filing a counter action
Article 173. Conditions of acceptance of counter action
Chapter XIII
SECURING OF AN ACTION
Article 174. Grounds for securing of an action
Article 175. Interim measures for securing a claim
Article 176. Procedure of seizure of assets
Article 177. Content and procedure for resolution of request for interim measures
Article 178. Execution of a court ruling for interim measures
Article 179. Replacing one type of security with the other
Article 180. Cancellation of measures for securing of an action
Article 181. Contestation of rulings on securing of an action
Article 182. Compensation to the respondent of damages caused by securing measures
Chapter XIV
PREPARATION OF THE CASE FOR EXAMINATION
Article 183. Objectives of preparing the case for examination
Article 184. Ruling on preparing the case for examination
Article 185. The judge's actions in preparing the case for examination
Article 186. Presentation of evidence and respondent response to an action
Article 187. Combination of several claims
Article 188. Separation into several claims
Article 190. Setting of a term for examination of the case
Article 191. Changing the term of the proceedings
Chapter XV
TRIAL
Article 192. Terms of civil proceedings
Article 193. Judicial meeting
Article 194. Presiding judge
Article 195. Order in court
Article 196. Measures applied to infringers of order at a court meeting
Article 197. Opening of a trial
Article 198. Checking attendance of the participants in a process
Article 199. Explanation to the interpreter of his/her duties
Article 200. Removal of witnesses from the courtroom
Article 201. Announcement of the court composition and explanation of the right of recusation and
self-recusation
Article 202. Explanation to the participants in a process of their rights and obligations
Article 203. Acceptance of applications and motions of the participants in a process
Article 204. Discovery of evidence at the hearing
Article 2041. Interruption of the court hearing
Article 205. Consequences of non-appearance of the participants in a court meeting
Article 206. Consequences of non-appearance of the parties and representatives in a court meeting
Article 207. Consequences of non-appearance of a witness, expert, specialist and translator in a court
meeting
Article 208. Adjournment of proceedings
Article 209. Interrogation of witnesses during the adjournment of the case
Article 210. Explanation given to experts and specialists of their rights and obligations
Article 211. Examination of the case on the merits
Article 212. Refusal of the plaintiff from the action, acceptance of the action by the respondent and
settlement agreement
Article 213. Explanations given by the participants in a process
Article 214. The sequencing of the evidence
Article 215. Warning the witness on liability for refusal to testify and for perjury
Article 216. Interrogation of a witness
Article 217. Usage of witness records
Article 218. Interrogation of a minor witness
Article 219. Questioning of the participant with disabilities
Article 220. Entering of witnesses testimony in the court records
Article 221. Reading of the witness’s testimony in a court hearing
Article 222. Study of written evidence
Article 223. Reading and study of personal correspondence and telegraphic communications
Article 224. Study of real evidence
Article 225. On-site inspection
Article 226. Playback of audio and video recording and their investigation
Article 227. Statement on forged evidence
Article 228. Investigation of the expert opinion
Article 230. Consultation of a specialist
Article 231. Conclusions of public authorities
Article 232. Closing of examination of the case on the merits
Article 233. Pleadings
Article 234. Replication
Article 235. Resuming of examination on the merits
Article 236. Deliberation and court judgment
Chapter XVI
JUDGMENT
Article 238. Deliberation procedure
Article 239. Legitimate and justified character of the judgment
Article 240. Issues resolved when adopting judgments
Article 241. Content of the judgment
Article 2421. Transfer of shares of the bank based on a judgment
Article 243. Judgment to recover a sum of money
Article 244. Judgment on invalidation of the enforcement document
Article 245. Judgment on conclusion or amendment of the contract
Article 246. Judgment to award the property or its value
Article 247. Judgment requiring the respondent to perform certain actions
Article 248. Judgment in favor of several plaintiffs or against several respondents
Article 249. Correction of errors in the judgment
Article 250. Additional judgment
Article 251. Explanation of the judgment
Article 252. Deferral and installment execution, change of the method and order of execution
Article 253. Indexation of the awarded monies
Article 254. Final and irrevocable judgment
Article 255. Execution of a judgment
Article 256. Judgments to be executed immediately
Article 258. Securing of execution of judgments
Chapter XVII
ПРИ SUSPENSION OF PROCEEDINGS
Article 260. Duty of the court to suspend proceedings
Article 261. Right of the court to suspend proceedings
Article 262. Terms of suspension of the proceedings
Article 263. Appeal on the court ruling on suspension of the proceedings
Article 264. Reopening of the case
Chapter XVIII
TERMINATION OF PROCEEDINGS
Article 265. Grounds for termination of the proceedings
Article 266. Procedure and consequences of termination of the proceedings
Chapter XIX
LEAVING STATEMENT OF ACTION WITHOUT EXAMINATION
Article 267. Grounds for leaving statement of action without examination
Article 268. Procedure and consequences of leaving statement of action without examination
Chapter XX
COURT RULING
Article 269. Passing a court ruling
Article 270. Content of a court ruling
Article 272. Sending copies of ruling to participants in a process
Chapter XXI
MINUTES (COURT RECORDS)
Article 273. Mandatory character of the minutes
Article 274. Content of the minutes
Article 275. Keeping of the minutes
Article 276. Examination of comments on the minutes
Article 2761. Providing copies of the minutes and audio and/or video recordings
B. PROCEEDINGS IN ADMINISTRATIVE CASES
Chapter XXII
PROCEEDINGS IN ADMINISTRATIVE CASES
Article 277. Action in the administrative court
Article 278. Examination of an action
C. SPECIAL PROCEEDINGS
Chapter XXIII
GENERAL PROVISIONS
Article 279. Cases examined under a special procedure
Article 280. Examination of cases under special procedure
Chapter XXIV
ESTABLISHMENT OF FACTS
HAVING LEGAL RELEVANCE
Article 281. Cases concerning the establishment of facts having legal relevance
Article 282. Conditions necessary to establish the facts having legal relevance
Article 283. Jurisdiction
Article 284. Content of the application
Article 285. Judgment of the court
Chapter XXV
APPROVAL OF ADOPTION
Article 286. Submission of an application
Article 288. Documents attached to the application on the approval of national adoption
Article 289. Documents attached to the application on the approval of international adoption
Article 290. Preparing of the case for examination
Article 291. Hearing of the application
Article 293. Dissolution and avoidance of adoption
Chapter XXVI
RECOGNITION OF MINOR’S FULL LEGAL CAPACITY
(MINOR EMANCIPATION)
Article 295. Examination of the application
Chapter XXVII
DECLARING THE PERSON
MISSING OR DECEASED
Article 297. Submission of application
Article 299. Preparing a case for examination
Article 301. Effects of appearance of the person declared to be missing or deceased or finding of
his/her place of stay
Chapter XXVIII
RECOGNITION OF LIMITED CAPACITY OR
FULL LEGAL INCAPACITY
Article 304. Assignment of an attorney
Article 305. Ordering of expert examination in order to determine mental state
Article 308. Annulment of limited capacity and declaring full capacity
Chapter XXIX
APPROVAL OF FORCED HOSPITALIZATION
AND FORCED TREATMENT
Chapter XXX
APPROVAL OF PSYCHIATRIC EXAMINATION OR HOSPITALIZATION
OF A PERSON IN AN INPATIENT PSYCHIATRIC UNIT
Article 314. Terms for submitting application for hospitalization
Article 318. Early discharge from a psychiatric hospital and extension of hospitalization
Chapter XXX1
APPLICATION OF PROTECTIVE MEASURES
IN CASES OF DOMESTIC VIOLENCE
Article 3184. Imposition of a protective order
Article 3185. Extension and annulment of protective order
Article 3186. Appeal on ruling approving or rejecting application on disposal of protective measures
and appeal on ruling regarding disposal of protective order
Chapter XXXI
RESTORATION OF RIGHTS ARISING FROM
LOST SECURITIES TO BEARER AND ORDER SECURITIES NOTES
(CALL PROCEDURE)
Article 321. Actions taken by the judge after receiving the application
Article 322. Application of the document holder
Article 323. Actions taken by the judge after receiving the application from the document holder
Article 326. Right of the document holder to file an action for unjust acquisition of property
Chapter XXXII
RECOGNITION OF MOVABLE PROPERTY AS OWNERLESS
AND RECOGNITION OF MUNICIPAL OWNERSHIP
OVER THE OWNERLESS REAL ESTATE
Chapter XXXIII
FINDING INCORRECT ENTRIES
IN THE REGISTERS OF CIVIL STATUS
Chapter XXXIV
RECOVERY OF LOST COURT PROCEEDINGS
(RECOVERY PROCEDURE)
Article 335. Recovery of lost proceedings
Article 338. Judicial expenses
Article 339. Consequences of failure to comply with the content of the request
Article 340. Actions of the judge after receiving the application
Article 342. Termination of recovery of lost proceedings
Article 343. Court judgment on recovery of the lost proceedings
Chapter XXXIV1
TEMPORARY SUSPENSION OF THE VALIDITY AND REVOCATION
OF LICENSES / AUTHORIZATIONS RELATED TO ENTREPRENEURSHIP
Article 3435. Cancelation of temporary suspension of the license / authorization related to
entrepreneurial activity
D. COURT ORDER (SIMPLIFIED) PROCEEDINGS
Chapter XXXV
COURT ORDER (SIMPLIFIED)
PROCEEDINGS
Article 344. Court order
Article 345. Claims on the basis of which the court order is issued
Article 346. Filling of the application and payment of state duty
Article 348. Refusal to accept the application
Article 349. Remedying of irregularities of the application
Article 351. Content of the court order
Article 352. Sending copies of the court order to the debtor
Article 353. Cancellation of the court order
Article 354. Presentation of a court order to the creditor
E. INSOLVENCY PROCEEDINGS
Chapter XXXVI
PROCEEDINGS ON DECLARING
INSOLVENSY
Article 355. Jurisdiction in declaration of insolvency
TITLE III
CONTESTATION OF COURT
JUDGMENTS
Chapter XXXVII
APPEAL
Article 357. Subject-matter of appeal
Article 358. Judgments which could be contested in appeal procedure and courts having jurisdiction to
examine appeals
Article 359. Contesting of rulings issued by courts of the first level
Article 360. Persons entitled to appeal
Article 361. Joint appeal
Article 362. Term to file appeal
Article 363. The suspensive effect of the appeal
Article 364. Filing the application for appeal
Article 365. Content of the application for appeal
Article 366. Submission of the response to the appeal
Article 367. Actions of the court of the first level after receiving the appeal
Article 368. Cases where an appeal is not allowed
Article 369. Return of the application for appeal
Article 370. Preparation of the case for the hearing
Article 371. Period for review of the case by the court of appeal
Article 372. Filing new evidence and claims with the court of appeal
Article 373. Limits of the appeal
Article 374. Withdrawal of appeal
Article 375. Renunciation from the claim and out of court settlement
Article 376. Procedure for hearing in the appellate courts
Article 377. Hearings within the courts of appeal
Article 378. Announcement of the judge panel. Explanation of the right of recusation
Article 379. Participant’s failure to appear in court and its effect
Article 380. Review of applications and motions filed by participant in the proceedings
Article 381. Case report
Article 382. Explanations given by participants in the proceedings
Article 383. Examination of evidence
Article 384. Verbal arguments (pleadings)
Article 385. Powers of the appellate court
Article 386. Grounds for quashing or modifying judgments by the appellate court
Article 387. Violation or misapplication of the rules of substantive law
Article 388. Violation or misapplication of the rules of procedural law
Article 389. Reaching and communicating the resolution
Article 390. Content of the resolution
Article 393. Quashing the resolution and termination of proceedings or striking out the application
Article 394. Legal power of the court of appeal resolution
Article 396. Restitution of the case to the court of the first level
Chapter XXXVIII
CASSATION PROCEEDINGS
Section 1
Cassations against rulings of the court

Article 423. Cassation against the ruling issued at trial examination
Article 424. Courts having jurisdiction to examine cassations against rulings
Article 425. Term for filing cassation against the ruling
Article 426. Submission and examination of cassation against the ruling
Article 427. Powers of the court in examining cassations filed against the ruling
Article 428. Legal force of the resolution issued by the court of cassation on cassation filed against the
ruling
Section 2
Cassation filed against the disposition acts
issued by the courts of appeal
Article 429. Decisions that may be subject to cassation
Article 430. Persons entitled to file for cassation
Article 431. The competent court to examine the cassation
Article 432. Grounds for filing cassation
Article 433. Grounds for inadmissibility of cassation
Article 434. Term for filing cassation
Article 435. Suspensive effect of the cassation
Article 436. Submission of the cassation
Article 437. Content of the cassation application
Article 438. Returning the cassation application
Article 439. Preparatory procedural acts
Article 440. Procedure for dealing with the issue of cassation admissibility
Article 441. Proceedings after the recognition of cassation as admissible
Article 442. Limits of the hearing of cassation
Article 443. Withdrawal of the cassation
Article 444. Procedure for hearing the cassation
Article 445. Authority and decisions of the court
Chapter XXXIX
REVISION OF JUDGMENTS
Article 446. Decisions that can be subject to the procedure of revision
Article 447. Persons entitled to file an application for revision
Article 448. Courts competent to examine applications for revision
Article 449. Grounds for the application for revision
Article 450. Terms for filing the application for revision and their calculation
Article 451. Submission of the application for revision
Article 452. Examination of the application for revision
Article 453. Authority and decisions of the court of revision
TITLE IV
PROCEEDINGS IN CASES HAVING
A FOREIGN ELEMENT
Chapter XL
GENERAL PROVISIONS
Article 454. Procedural rights and obligations of foreigners
Article 455. Procedural legal capacity and procedural active capacity of foreigners and persons
without citizenship
Article 456. Legal capacity of foreign organization and international organizations
Article 457. Actions filed against other states and international organizations. The diplomatic
immunity
Article 458. Applicable law, rules of evidence in civil trials with foreign element
Chapter XLI
JURISDICTION OF THE COURTS OF THE REPUBLIC OF MOLDOVA
IN MATTERS HAVING FOREIGN ELEMENTS
Article 459. Application of the rules on jurisdiction
Article 460. Jurisdiction of courts in the Republic of Moldova for matters having a foreign element
Article 461. Exclusive jurisdiction of the courts in the Republic of Moldova for matters having a
foreign element
Article 462. Contractual jurisdiction in cases having a foreign element
Article 463. Immutability of venue
Article 464. Effects of foreign judgments
Article 465. Rogatory
Article 466. Recognition of documents issued, drawn or certified by foreign competent authorities
Chapter XLII
RECOGNITION AND ENFORCEMENT
OF FOREIGN JUDGMENTS AND ARBITRAL AWARDS
Article 467. Recognition and enforcement of foreign judgments
Article 468. Application for recognition of a foreign judgment
Article 471. Refusal to approve enforcement of foreign judgment
Article 472. Recognition of foreign judgments which does not require enforcement
Article 473. Refusal of recognition of foreign judgment
Article 474. Recognition of foreign judgments, which do not require further proceedings
Article 475. Recognition and enforcement of foreign arbitral awards
Article 476. Refusal of recognition and enforcement of foreign arbitral awards
TITLE V
CHALLENGING ARBITRATION AWARDS IN COURTS AND GRANTING
THE WRIT OF EXECUTION ON ARBITRAL AWARDS
Chapter XLIII
CHALLENGING ARBITRATION
AWARDS IN COURTS PROCEEDINGS
Article 477. Challenging arbitration awards
Article 480. Grounds for annulment of the arbitral award
Article 481. Court ruling on the question of challenging the arbitral award
Chapter XLIV
PROCEEDINGS CONCERNING ISSUANCE OF WRITS OF EXECUTION
FOR ENFORCEMENT OF ARBITRATION AWARDS
Article 482. Granting of a writ of execution
Article 485. Grounds for refusal to issue a writ of execution
Article 486. Court ruling on the question of issuance of a writ of execution
The Parliament of the Republic of Moldova adopts the present code.

TITLE I
GENERAL PROVISIONS
Chapter I
BASIC PROVISIONS
Article 1. Relations regulated by legislation on civil procedure

Legislation on the civil legal proceedings of the Republic of Moldova governs those public
relations connected to relations of civil procedural nature and resulting from administration of
justice by the courts of law of general jurisdiction and specialized courts of law while
adjudicating cases of adversary character and other cases attributed to their competence by the
present code or other legislative acts.
Note: Pursuant to Decision of the Constitutional Court of the Republic of Moldova No 3 of 09.02.2012,
effective as of 09.02.2012, Articles III-XV of the Law No 163 of 22.07.2011 shall be declared
unconstitutional.
[Article 1 amended by the Law No 163 of 22.07.2011, effective as of 12.03.2012]
Article 2. Legislation on civil procedure

(1) The rules of adjudication of civil cases by the courts of general jurisdiction and
specialized courts are determined by the Constitution of the Republic of Moldova, the present
code and other organic laws. The norms of civil procedure law provided for by other legislative
acts shall comply with the general provisions of the Constitution of the Republic of Moldova and
the present code.
(2) In case of contradictions between the rules of the present code and the provisions of the
Constitution of the Republic of Moldova the provisions of the Constitution shall prevail, and in
case of inconsistencies between the rules of the present code and rules of other organic law, the
provisions of the newer law shall prevail.
(3) In case an international treaty to which Republic of Moldova is a party, provides for
rules different from those set forth by the civil procedural legislation of the Republic of
Moldova, the rules of the international treaty shall prevail, unless the treaty itself does not
require that it should be implemented through adoption of the respective national law.
(4) Legislation on civil legal proceedings sets forth the rules for adjudication of civil cases
of adversary nature, resulting from civil, family, employment, housing, land, ecological and other
legal relations, cases of special legal proceedings and simplified (court order) legal proceedings,
as well as cases resulting from enforcement of judicial acts and acts of other authorities.
Note: Pursuant to Decision of the Constitutional Court of the Republic of Moldova No 3 of 09.02.2012,
effective as of 09.02.2012, Articles III-XV of the Law No 163 of 22.07.2011 shall be declared
unconstitutional.
[Article 2 paragraph (2) amended by Law No 163 of 22.07.2011, effective as of 12.03.2012]
Article 3. Effects of civil procedural law in time

(1) The courts shall apply civil procedural laws effective at the time of examination of the
civil case, fulfillment of the procedural actions or enforcement of the court acts (judgments,
rulings, decisions and orders), and acts of other authorities in the cases provided for the law.
(2) The new procedural law does not affect or cancel the legal consequences realized due
to application of the law which is being repealed. The earlier law expires as of the date when the
new procedural law becomes effective, unless the new law provides otherwise.
(3) Civil procedural law which sets forth new obligations, cancels or limits procedural
rights of the participants in a civil process, provides for new or additional procedural sanctions
shall have no retroactive force.
Article 4. Objectives of civil procedure

The objectives of the civil legal proceedings are correct and performed in a reasonable
amount of time investigation of civil cases for the purpose of protection of infringed or disputed
rights, freedoms and legitimate interests of individuals and legal entities and their associations,
public authorities and other persons subject to civil, family, employment and other legal
relations, as well as protection of the interests of the state and society, contributing to
consolidation of justice, law order and prevention of law disobedience.
Article 5. Free access to justice

(1) Any interested person shall have the right to address the court in a manner as
determined by the law in order to protect its infringed or disputed rights, freedoms and legitimate
interests.
(2) No person can be refused of judicial protection on a ground of absence of the relevant
legislation or because of imperfect, conflicting or unclear character of the existing legislation.
(3) Refusal of one of the parties to go to the court of law made in a form of a preliminary
agreement shall have no legal effect, except for the cases when the parties have agreed in
accordance to the effective legal provisions to submit the case for a resolution by an arbitration
tribunal.
Article 6. Remedies for protection of rights, freedoms and legitimate interests

The court ensures protection of the rights, freedoms and legitimate interests by means of
awarding enforcement of obligations, recognition of the legal relation as existing or non-existing,
ascertainment of the legal facts and use of other methods of protections as provided by the law.
Article 7. Commencement of a civil action

(1) The court commences a civil action based on the request of a person who seeks
protection of its infringed or disputed right, liberty or legitimate interest.
(2) In cases provided by the present code and other laws, the civil action may be
commenced on behalf of persons empowered by the law to act in protection of the rights,
freedoms and legitimate interests of the other person, undefined circle of people or in protection
of the interests of the Republic of Moldova and the society.
(3) Upon commencement of the action related to deciding upon disputes over the right
(action proceedings, or adversary proceeding) the statement of claim should be filed, upon
commencement of non-action proceedings, an application should be filed.
Article 8. Right for legal aid

(1) The parties and other participants to a civil action have the right to benefit of the
assistance of an attorney, chosen by them or appointed by the coordinator of the territorial office
of the National council for legal assistance guaranteed by the state, or other representative in
cases provided for the present code.
(2) The legal assistance can be provided in any court and at any point of the civil process.
(3) The rules for providing of the legal assistance are set forth by the present code and
other laws.
Article 9. Guiding role of the court in a civil process

(1) The court is vested with the guiding role in organization and administration of the
process, the limits and the substance of which shall be determined by the present code and other
laws.
(2) The court shall explain to the participants of the process their rights and obligations,
warns of the consequences of violation or failure to perform certain procedural actions, provides
to the participants to a process legal assistance in realization of their rights, on motion of the
parties and other participants to a process orders discovery of evidence contributing to producing
a legal and reasoned judgment, guides through the judicial procedure and undertakes any other
measures required for normal administration of the civil process, brings to discussion of the
parties and other participants in a process of any factual and legal circumstances of the case and
performs other activities provided for by the law.
Article 10. Procedural sanctions

(1) Procedural sanctions are those unfavorable consequences stipulated by the rules of the
civil procedural law which set upon the person involved in the procedural legal relations in case
of failure to perform or undue performance of the procedural actions as well as in case of abuse
of its procedural right.
(2) Both the judge and the participant in the civil process can invoke the undue
performance of the procedural actions in each particular case of law infringement provided the
said participant has a legitimate interest to such invocation.
(3) The procedural sanctions refer to procedural actions of both the court, participants in a
civil process and other persons connected to their activity and such sanctions include in
accordance with the provisions of the law the following: annulment of the undue performed
procedural action; forfeit of a right as a result of failure to perform a procedural action on due
time; obligation to amend or redo the act which was perform contrary to the provisions of the
law; reinstatement of the infringed right; application of the court fines and other measures
provided for by the law.
Article 11. Ensuring of safety of the participants in a civil process

(1) Investigation of the case in a court hearing is performed in conditions which ensure
regular activity of the court and safety of the participants in a civil process.
(2) In order to ensure safety of the judges and persons who are present in a court hearing,
the presiding judge is entitled to order checking of the identity of those persons who intend to be
present at the court hearing, review of their identity documents, performance of personal
examination and search of personal belongings introduced in the court room.
(3) The presiding judge may permit presence in a court room of armed persons who are
obliged to carry weapons pursuant to their service in order to perform their duties in the court.
Article 12. Resolution of civil cases on basis of legislation of the Republic of Moldova
(1) The court decides upon civil cases on the basis of the Constitution of the Republic of
Moldova, international treaties to which Republic of Moldova is a party to, constitutional,
organic and ordinary laws, decisions of the Parliament, normative acts of the President of
Republic of Moldova, ordinances and decisions of the Government, normative acts of the
ministries, other central administrative authorities and local public administration bodies. In
cases provided for by the law the court shall apply custom unless it is contrary to the public order
and morality.
(2) If upon examination of a civil case the court determines that a law or other normative
act is contrary to the law or other normative act having a higher legal force, the court shall apply
a law or other normative which has a higher legal force.
(3) In case of absence of a legal rule (norm of law) regulating the disputed legal relation,
the court shall apply the rule of law governing similar legal relations (analogy of legal rule), but
in the absence of such analogous rule the court shall be guided by the principles of law and the
spirit of the applicable legislation (analogy of law). The rule of law which provides for an
exception from the general rules, which limits the right or sets additional sanctions may not be
used by analogy.
(4) In case an international treaty to which Republic of Moldova is a party to, provides for
rules different from those stipulated by the national legislation, the court upon examination of the
case shall apply the provisions of an international treaty.
Article 121. Resolution of exceptional cases of unconstitutionality

(1) If upon examination of a civil case the court determines that a rule of law that has been
applied or is subject to application is contrary to the provisions of the Constitution of the
Republic of Moldova, and the control of constitutionality is vested with the jurisdiction of the
Constitutional Court, the court shall address a motion to the Constitutional Court by means of the
Supreme Court of Justice.
[Paragraph (2) of the article 121 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
(3) From the moment when the court issued a ruling on determination of exceptional case
of unconstitutionality until the moment when the Constitutional Court issued a decision on this
matter, the civil case examination or enforcement of the court judgment shall be suspended.
Article 122. Advisory opinions of the Plenum of the Supreme Court of Justice
(1) If upon examination of a case in any court of any level the court faces difficulties with
correct application of substantive or procedural rules of law, the respective court ex officio (at its
own initiative) or upon request of the participants in a process shall address the Plenum of the
Supreme Court of Justice for issuing of an advisory opinion, which shall give explanation on
application of the law. The advisory opinion shall be published on the web-page of the Supreme
Court of Justice.
(2) In case the court turns down the motion of the participants in a civil process on
addressing the Plenum of the Supreme Court of Justice to issue the advisory opinion the court
shall issue a ruling which is not subject to contestation in cassation procedure.
(3) In case the court decided on turning down petitioning of the Plenum of the Supreme
Court of Justice the court shall pass a motivated ruling which is deemed to have entered into
force and should be published at the web-page of the Supreme Court of Justice.
(4) The advisory opinion of the Plenum of the Supreme Court of Justice does no longer
bind the Supreme Court of Justice in case of subsequent amendment of the law or changes in the
practice of its application.
(5) Until the advisory opinion of the Plenum of the Supreme Court of Justice is issued the
examination of the case shall be adjourned.
Article 13. Application of the legislation of other states

(1) Upon examination of the civil cases the court applies the legislation of the other state in
accordance with the law or an international treaty to which Republic of Moldova is a party to.
(2) For the purpose of determination of existence of a normative act of a foreign state and
its substance the court shall address in accordance with the law a competent authority of the
Republic of Moldova.
(3) If despite the measures that the court has undertaken obtaining of the required
information on the law or other normative act of a foreign state is impossible, the court shall
apply the national law.
Article 14. Decisions of a court

(1) Upon examination of civil cases at the trial stage (court of first level) the court
decisions may be of the following types: judgment, ruling and order.
(2) Decisions of a trial court which resolve the case on its merits are made in a form of a
court judgment.
(3) Decisions of a trial court which do not resolve the case on its merits are made in a form
of a court ruling.
(4) Upon trial examination of the cases indicated in Article 345, the court issues court
orders.
(5) Decisions of a court by which the appeal or cassation petitions are resolved on the
merits shall be made in a form of court resolutions. Upon examination of matters which do not
resolve appeal or cassation petitions on the merits the court shall issue court rulings.
Article 15. Right to appeal (contest) a court decision

The participants to a civil process and other interested parties whose rights, freedoms or
legitimate interests are infringed by a judicial act, are entitled to appeal (contest) such act in
accordance with the law.
Article 16. Binding character of judicial acts

(1) Final judgments, rulings, orders and resolutions of the courts, as well as warrants,
requests, instructions, summons and other legal acts of the court shall be binding for all public
authorities, associations, public persons, organizations and individuals and shall be complied
with rigorously on the entire territory of the Republic of Moldova.
(2) Unjustified failure to execute a judicial act, warrant, request, instruction, summons and
other legal acts of the court as well as actions amounting to a contempt of court shall entail
liability provided for by the present code and other laws.
[Paragraph (3) of the Article 16 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
(4) On the territory of the Republic of Moldova judgments, instructions and petitions of
foreign courts and international arbitration tribunals shall be enforced in accordance with the
present code, international treaties to which Republic of Moldova is a party to, as well as on the
basis of the principle of reciprocity.
Article 17. Generalization of judicial practice (case law)
For the purpose of ensuring correct and uniform application of the legislation the Supreme
Court of Justice shall on its own initiative (ex officio) undertake generalization of the practice of
examination of certain categories of cases, shall issue and publish decisions of explanatory
character concerning correctness of application of rules of law and fair examination of civil
lawsuits.
Article 18. Usage of technical means

(1) For the purpose of recording of the court hearing and conservation of evidence the
court may use any technical means in accordance with the present code and other laws.
(11) For the purpose of realization of their procedural rights and obligations the participants
to a civil process may perform audio recording of the court hearing.
(2) Video recording, photographing, usage of the technical means other than those
stipulated under paragraph (11), shall be permitted only subject to consent of the presiding judge
and only during the opening of the hearing and pronouncement of the judgment (rendition
proceedings).
(3) Violation of the provisions of the paragraph (2) above shall entail imposition of a fine
in the amount of up to 20 conventional units and seizure of the recording (tape, pictures, film
holders, etc.).
Chapter II
GENERAL PRINCIPLES OF CIVIL JUDICIAL PROCEDURE
Article 19. Administration of justice only by courts

(1) Justice in civil cases shall be administered in accordance with the rules set by the
legislation on the civil judicial procedure only by the courts and by the judges of such courts
appointed in accordance with the procedure provided for by the law. Creation of the
extraordinary tribunals is prohibited.
(2) Decisions of the courts which have been issued in civil cases may be reviewed and
revised only by the competent court in a procedure set forth by the present code and other laws.
Article 20. Judicial independence and legality (subordination only to law)

(1) Judicial branch of power shall be separated from the legislative and executive branches
and is justice shall be administered only in accordance with the Constitution of the Republic of
Moldova, the present code and other laws.
(2) While administering justice the judges are independent and are subordinated only to the
law. Any interference in the judicial activity is not permitted and shall entail legal responsibility
provided for by the law.
(3) The guarantees of the judicial independence are stipulated in the Constitution of the
Republic of Moldova and other laws.
Article 21. Examination of cases by a single judge or a panel of judges

(1) Civil cases shall be heard in a trial court by a single judge or by a panel of judges made
of three judges from the same court. In case when the present code empowers a judge to hear
civil cases and make certain procedural acts on a single-judge basis such judge shall act on
behalf of the entire court.
(2) In appellate and cassation courts civil cases shall be heard by a panel of judges in
accordance with the provisions of the present code and other laws.
Article 22. Equal protection of law and equal access to justice

(1) Justice in civil law cases shall be administered based on the principle of equality of all
persons irrespective of one’s race, nationality, ethnic origin, language, religion, sex, opinion,
political preference, wealth, social status, service function, residence, place of birth, as well as on
the basis of equality of all organizations irrespective of the type of their property and the legal
form of their structure, subordination, legal address and other circumstances.
(2) Procedural privileges of the persons who benefit of exemptions (immunity) for civil
liability shall be set by the present code, other laws and international treaties to which Republic
of Moldova is a party to.
Article 23. Public character of a court hearing

(1) Court hearings in all courts shall have a public character. Minors under age of 16 years
shall not be permitted in a court hearing unless they are participants to a civil process or
witnesses.
(2) Closed hearings may be held only for the purpose of protection of information which is
a state secret, commercial secret or other information disclosure of which is prohibited by law.
(3) The court may decide on hearing of a case in a closed session for the purpose of
preventing disclosure of the information which refers to private life, damages honor, dignity or
business reputation, as well as under other circumstances which could damage the interests of the
participants to a civil process, the fundamentals of law order or morality.
(4) The court hearing may be declared to be held in a closed session for the entire period of
the civil process or only for the period of performance of certain procedural actions.
(5) The court shall issue a reasoned ruling on hearing a case is a closed session.
(6) Closed hearings shall be held in presence of the participants to a civil process, and in
case of necessity in presence of the witnesses, experts, specialist or translators.
(7) The court shall undertake all the measures to ensure confidentiality of the state secret,
commercial secret and information on the private life of the persons. The participants to a civil
process and other persons engaged in performance of procedural actions, which may result in
disclosure of the above-mentioned information, shall be warned about the liability in case of
disclosure of such information.
(8) A court hearing in a closed session shall comply with all the rules of the civil judicial
procedure.
(9) Decisions issued during the closed hearings shall be pronounced in public.
(10) In case of a court hearing held in a closed session copies of court rulings, expert
examinations or testimonial evidence may be given to persons other the parties to a civil process
only subject to a permission of the presiding judge (judge presiding a court hearing).
Article 24. Language of civil procedure and right to interpreter

(1) The judicial civil procedure in courts shall be held in a Moldavian language.
(2) The parties interested in disposition of a lawsuit, who do not speak Moldavian language
are entitled to be informed of the undertaken procedural actions and with the documents of the
case and to speak to the court with assistance of an interpreter.
(3) The court may decide on holding a civil process in a language which is acceptable to
the majority of the participants to a civil process by passing a respective court ruling.
(4) In case the civil process is held in a different language the court judgment should
mandatorily be also made in a Moldavian language.
(5) The judicial acts (court decisions) shall be presented to the participants in a civil
process in a language in which the process is held, or upon their request in the official state
language.
Article 25. Direct and verbal character of civil process

(1) The court shall review the evidence directly and at first hand, shall hear explanations of
the parties to a process and the third persons, witness testimonies, expert reports, consultations
and interpretations of the specialists, read written evidence, listen to the audio recordings and
watch the video recordings and pass a court decision only on the basis of the established facts
and proofs, examined and checked during the court hearings.
(2) The court hearing shall be held verbally and under one and the same court panel. In
case of replacement of one of the judges from the panel, the court hearing shall be started from
the very beginning.
Article 26. Adversary character and procedural equality of parties

(1) Administration of the civil judicial procedure shall be based on the principle of
adversary nature of the judicial process and procedural equality of the parties.
(2) Adversary nature of the process implies such organization of the civil process when the
parties and other participants in a process shall have the possibility to express, argue and prove
their position in a case, choose means and methods of defense of their position on their own and
independent of a court, other authorities and persons, express their opinion on the factual and
legal matters of the case and share their viewpoint on the initiatives of the court.
(3) The court hearing a civil case shall be impartial and neutral and shall create such
conditions which would enable the participants to a civil process to carry out their rights and that
the factual circumstances of the case could be fairly examined.
(4) The procedural equality of the parties is guaranteed by the law and shall be ensured by
the court through creation of the equal opportunities, sufficient and adequate in order to use all
the procedural methods of defense of their position in factual and legal circumstances of the case,
insofar that no party could be disadvantaged as compared with the other party.
Article 27. Discretionalism (free exercise of material and procedural rights by parties
in a process)
(1) The principle of discretionary nature of the civil process implies the possibility of the
participants in a process (the parties in a civil case in the first place) to freely dispose of their
subjective substantive law and legitimate interests, which are being examined by the court, as
well as procedural rights and choose procedural means and methods of defense.
(2) The court shall not permit disposition of a right or use of remedies in case when these
are contrary to the law or infringe on the rights or legal interests of a person.
Chapter III
GENERAL JURISDICTION
[Chapter III (Articles 28-31) repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
Article 28. Jurisdiction of the courts
[Article 28 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
Article 29. Jurisdiction of the commercial courts

Article 30. Transfer of the dispute to arbitration tribunal

[Article 30 Repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]

[Article 31 Repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
Chapter IV
JURISDICTION OF THE COURTS
Article 32. Immutability of jurisdiction

(1) Nobody absent their free consent could be deprived of the right to a judicial
examination of their case by the court and the judges who have such jurisdiction pursuant to the
law, except for the cases expressly provided by the present code.
(2) Superior court shall not at its own initiative transfer a certain civil case from one lower
court to another or declare its own jurisdiction over such case, except when the respective lower
court is not in a position to create a due judge panel.
Article 33. General jurisdiction of the courts

(1) The courts have jurisdiction to examine all civil law cases with participation of
individuals or legal entities and public administration authorities for the purpose of defending
infringed or disputed rights, freedoms and legitimate interests which are not covered by the
jurisdiction of other authorities.
(2) The courts shall examine cases with participation of organizations and citizens of the
Republic of Moldova, foreign citizens and persons without citizenship, foreign organizations,
organizations with foreign capital, international organizations, unless the law or an international
treaty to which the Republic of Moldova is a party provides jurisdiction of a foreign court or
other competent authorities.
Article 331. Jurisdiction of trial courts

The courts have jurisdiction to review and decide in a trial examination all civil cases,
unless the law provides otherwise.
Article 34. Jurisdiction of Supreme Court of Justice

[Article 34 repealed by Law No 244-XVI of 21.07.2006, effective as of 17.11.2006]
Article 35. Jurisdiction of Circuit commercial court

The Circuit commercial court has jurisdiction for trial examination of the following cases:
а) on contesting in accordance with the law of the decisions of the arbitration tribunals;
b) on issuance of the writs of execution related to forced execution of the decisions of the
arbitration tribunals;
c) on reorganization and liquidation of the legal entities;
d) on protection of the professional reputation in business and economic activity.
Article 36. Jurisdiction of the Economic Appeal Court

[Article36 repealed by Law No 29 of 06.03.2012, effective as of 13.03.2012]
Article 37. Competing jurisdictions

In case when several court examine simultaneously claims which are related to each other,
such claims should be joined based on request and by means of the court ruling, and shall be
examined by the court which first has received the statement of action. A court of courts which
subsequently receive statement of actions shall transfer these to the court which first had
received the statement. Such transfer is made pursuant to a court ruling which is subject to
contestation in cassation procedure.

In case the statement of action includes several claims which are related to each other and
some of which are in the jurisdiction of a court of general jurisdiction, but other are in the
jurisdiction of the specialized court, all claims shall be examined by the court of the general
jurisdiction.
Article 38. General territorial jurisdiction

(1) A lawsuit should be filed in the court of the place of residence of the respondent.
(2) A lawsuit against an organization shall be filed in a court of the place of the
organization or the place of its executive body.
Article 39. Alternative jurisdiction

(1) A lawsuit against a respondent the place of residence of which is not known or which is
not domiciled in the Republic of Moldova, may be filed in the court of the place of location of
the assets of the respondent or his last place of domicile in the Republic of Moldova.
(2) A lawsuit against a legal entity or other organization may be filed as well in the court of
the place of location of their assets.
(3) A lawsuit resulting from the activity of the branch or representative office of the legal
entity or other organization may be filed as well in the court of the place of location of the branch
or representative office.
(4) A lawsuit on collection of alimony and a lawsuit on filiation may be filed a well in the
court of the place of domicile of the plaintiff.
(5) A lawsuit on divorce may be filed as well in the court of the place of domicile of the
plaintiff in cases, when the plaintiff maintains minors or when his transportation to the court of
the place of domicile of the respondent implies reasonable hardship.
(6) A lawsuit on divorce with the person who is legally acknowledged as a missing person
or who is acknowledged legally incapable due to a psychological disorder or who convicted to
imprisonment, may be filed as well in the court of the place of domicile of the plaintiff.
(7) A lawsuit on reinstatement of employment, pension or dwelling rights, on restitution of
property or reimbursement of its value, lawsuits related to payment of damages, caused due to
unlawful conviction, unlawful institution of criminal proceedings, unlawful application of the
restraint measures such as preventive arrest or written statement not to leave the place, or as a
result of the unlawful application of the administrative measure such as arrest, may be filed as
well in the court of the place of domicile of the plaintiff.
(8) A lawsuit on payment of damages resulted from mutilation or other health injury or
resulted from death of the person may be filed by the plaintiff as well in the court of the place of
his domicile or in the court of the place where damages have been caused.
(9) A lawsuit on payment of damages caused to the assets of an individual or an
organization may be filed as well in the court of the place where damages have been caused.
(10) A lawsuit on protection of consumer rights may be filed as well in the court of the
place of domicile of the plaintiff or in the court of the place where the contract was made or
executed.
(11) Lawsuits resulting from the contracts which stipulate the place of the execution of the
contract may be filed as well in the court of the place of execution of the contract.
(111) A lawsuit on recovery of due payments resulting from the contracts made by the
companies may be filed as well in the court of the place of residence of the plaintiff.
Note: Provisions of Articles III-XV of the Law No 163 of 22.07.2011 shall be declared unconstitutional
pursuant to Decision of the Constitutional Court No 3 of 09.02.2012, effective as of 09.02.2012
[Paragraph (111) of the Article 39 added by Law No 163 of 22.07.2011, effective as of 12.09.2011]
(12) A lawsuit to the respondent which is an organization or a citizen of the Republic of

Moldova, the place of residence or domicile of whom is located on the territory of a different
state may be files in the court of the place of residence or domicile of the plaintiff or in the court
of the place of location of the assets of the respondent on the territory of the Republic of
Moldova.
(13) Lawsuits related to insurance issues may be filed as well in the court of the place of
domicile of the insured person, of the place of location of the assets or the place of an insured
incident.
(14) The choice between different courts which pursuant to the present article have
jurisdiction to decide on the case shall be made by the plaintiff.
(16) On lawsuits related to determination of existence or absence of a certain legal right the
jurisdiction of the court is determined in accordance with the rules provided for the lawsuits the
subject matter of which is enforcement of an action.
Article 40. Exclusive jurisdiction

(1) Lawsuits related to the rights on the land, subsoil, forest belts, perennial planting,
isolated water resources, living houses, buildings and constructions, other objects firmly
connected with the land, as well as the lawsuits on removal of the arrest on property shall be
filed in the court of the place of location of such objects or property. In the assets comprising the
object of the lawsuit are located in several circuits of different courts, the lawsuit shall be filed in
any of the courts in the circuit of which a portion of the assets is located.
(2) Lawsuits to the owners (possessors) of equipment on recovery of damages cause to the
environment shall be filed in the court of place where the equipment is installed, except for the
cases when such equipment is located outside the borders of the country.
(3) Lawsuits related the state treasury shall be in the jurisdiction of the court of the place of
location of the authority empowered to represent the exchequer of the state in the respective
dispute.
(4) Lawsuits of the creditors of the deceased person which have been filed prior to taking
of inheritance by heirs shall be in the jurisdiction of the court of the place where the inherited
assets or a substantial part thereof are located.
(5) Lawsuits to the transporters resulting from the contracts on transportation of passengers
and luggage or transportation of goods shall be filed in the court of the place of location of the
transporter which was duly presented with the reclamation letter.
(6) Lawsuits of the shareholders shall be filed in the court of the place of legal address of
the company.
Article 41. Contractual jurisdiction

Article 42. Jurisdiction over several related civil lawsuits

(1) Lawsuits against several respondents which have different places of domicile shall be
filed in the court of the place of domicile or location of one of the respondents at a free choice of
the plaintiff.
(2) The counter lawsuit irrespective of its jurisdiction shall be filed in the court of the place
where the initial lawsuit is being decided.
(3) A lawsuit of a third party which joins a trial with separate claims related the subject
matter of an action shall be filed in the court of the place where the initial lawsuit is being
decided.
(4) A civil lawsuit resulting from a criminal case if the former was not filed or decided
during the criminal proceedings shall be filed in the course of the civil judicial proceedings
pursuant to the rules on jurisdiction as provided for by the present code.
Article 43. Transfer of lawsuit to different court

(1) A lawsuit taken by the court into its proceedings in compliance with the rules on
jurisdiction shall be decided by such court on the merits, including in the case when at a later
stage a different court has obtained jurisdiction to decide on such lawsuit.
(2) A court shall transfer the lawsuit to a different court in the instances when:
а) the respondent, the place of domicile of whom was not initially known. Has motioned
the court to transfer the lawsuit to a different court of the place of his/her domicile, as confirmed
by his/her title of property, tenant agreement or registration at the place of location;
b) in course of proceedings in the respective court it has been determined that the court
does not have the jurisdiction to decide on this case;
c) both parties to a process have motioned on transfer of the lawsuit to the court at the
place of location of the major part of the evidence;
d) replacement of judges in this court becomes impossible after recusation (or self-
recusation) of one or more judges or for other valid reasons;
e) there are grounds for such transfer in order to ensure public safety;
f) there exist concerns that the impartiality of the judges may be impaired due to the
circumstances of the case or the status of participants in a process;
g) the court which has jurisdiction to decide on the case cannot function for a long time due
to extraordinary circumstances.
(3) Transfer of a lawsuit from one court to another on the grounds stipulated in letters a), b)
and c) of the paragraph (2) above shall be based on a reasoned ruling of the court in which the
lawsuit was filed, and such ruling may be contested with cassation.
(4) Transfer of the lawsuit on the grounds provided for in letters d), e), f) and g) of the
paragraph (2) above, shall be made by a superior court, the respective ruling of which becomes
effective and is not subject to contestation in cassation procedure.
(41) The court is obliged to transfer the lawsuit to the court which has proper jurisdiction
within 5 days from the date when the court ruling on transfer became.
(5) The procedural actions performed by the court, in which the lawsuit was filed, prior to a
transfer of the lawsuit to a different court, shall have legal force to the extent the new court sees
no need to change them.
Article 44. Resolution of disputes over jurisdiction

(1) The court in which a dispute over jurisdiction has occurred shall suspend the
proceedings at its own initiative and shall transfer the lawsuit to the court empowered to resolve
the dispute over jurisdiction.
(2) If two or more courts belonging to the circuit of one Court of Appeals, have accepted
their jurisdiction to decide on the same lawsuit or have declared by means of the court ruling
which became effective that they do not have jurisdiction over one and same lawsuit, the
respective dispute over jurisdiction shall be considered by a Court of Appeals of the general
jurisdiction.
(3) The dispute over jurisdiction between two or more courts not belonging to the same
Court of Appeals or between a court and a Court of Appeals, or between two Courts of Appeals
shall be resolved by the Chamber on civil, commercial and administrative cases of the Supreme
Court of Justice.
(4) The dispute over jurisdiction between a Circuit commercial court and a court shall be
resolved by the Court of Appeals of Chisinau.
(5) The dispute over jurisdiction between a Circuit commercial court and a Court of
Appeals of the general jurisdiction shall be resolved the Chamber on civil, commercial and
administrative cases of the Supreme Court of Justice.
[Paragraphs (6) - (8) of the Article 44 repealed by Law No 29 of 06.03.2012, effective as of 13.03.2012]
(9) The court which has proper jurisdiction shall decide the dispute over jurisdiction
between the courts without inviting the participants in a process by the court ruling which is not
appealable.
Article 45. Immutability of the jurisdiction

Chapter V
COMPOSITION OF COURT.
RECUSATION
Article 46. Composition of court

(1) Civil cases are decided at a trial stage by a single judge or a panel of three judges. The
presiding judge (chairman of the court meeting) decides whether the lawsuit should be tried in a
panel.
(2) In the appellate court the lawsuit should be decided by a panel of judges composed of a
presiding judge and two other judges.
(3) The Extended chamber on civil, commercial and administrative cases of the Supreme
Court of Justice examines cassations in the composition of a presiding judge and four other
judges.
Article 47. Court clerk

(1) On request of a judge the court clerk performs the procedural actions thus contributing
to preparation and hearing of the case, informs the participants in a process on the place, date and
time of the trial, checks their presence in court, ascertains the reasons for their absence and
informs the judge of such reasons, drafts the minutes of the court hearing (court records),
performs the instructions of the judge regarding organization and conduct of the court hearing.
(2) Neither the judge nor the participants in a process shall have the right to perform the
duties of the court clerk at the court hearing. If necessary, the court is empowered to replace a
court clerk, which shall be done by passing court ruling which is not subject to appeal.
Replacement of the court clerk does not require repeating of the hearing from the outset.
Article 48. Resolving issues in collegial manner

(1) All the questions arising in civil proceedings are resolved collegially by the majority
vote of the judges. None of the judges may abstain from voting. The presiding judge shall cast a
last vote. Judges have equal rights in the resolution of all the questions arising in the civil
proceedings and passing the judgment.
(2) A judge who disagrees with the majority decision, shall put his/her signature on the
decision but shall be entitled to put in writing a separate (dissenting) opinion which shall be
submitted to the presiding judge and attached to the record of the case. Dissenting opinion is not
announced and read in court hearing.
Article 49. Inadmissibility of repeated participation of a judge in a process

(1) A judge who has participated in civil proceedings at trial hearing may not participate in
the consideration of the same case at the appellate or cassation courts, as well as participate in
the new proceedings at a trial hearing in case the initial court decision was cancelled.
(2) A judge who has participated in civil proceedings in the appellate court may not
participate in the consideration of the same case at trial hearing, repeatedly in appeal court or in
cassation court.
(3) A judge who has participated in civil proceedings in the cassation court may not
participate in the consideration of the same case at trial hearing, in appeal court or in cassation
court.
(4) The provisions of this article shall not apply to cases of abandonment of the application
without consideration or termination of proceedings on the grounds provided in letters a) and b)
of Article 265.
[Paragraph (5) of Article 49 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
Article 50. Grounds for recusation of a judge

(1) The judge hearing the case shall be recused in the following cases:
a) at the previous hearing of the case he/she participated in it as a witness, expert,
specialist, interpreter, representative, court clerk, bailiff, arbitrator or mediator;
b) he/she is a relative to the fourth degree inclusive or an in-law relative to the third degree
inclusive with one of the parties to a trial or with other participants in a process or their
representatives;
b1) his/her a relative to the fourth degree inclusive or in-law relative to the third degree
inclusive participated as a judge in considering the same case;
b2) he/she is related to the fourth degree inclusive or in-law related to the third degree
inclusive with another member of the panel of judges;
c) he/she is a tutor, guardian or adoptive parent of one of the parties to a trial;
d) he/she expressed his opinion on the case;
e) he/she is personally directly or indirectly interested in the resolution of the case or there
exist other circumstances that cast doubt on its objectivity and impartiality.
Article 51. Grounds for recusation of an expert, specialist, interpreter or a court clerk
(1) Grounds for recusation of a judge provided for in the Article 50 shall apply similarly to
an expert, specialist, interpreter or a court clerk.
(2) Additionally an expert or specialist may not participate in the civil proceedings if
he/she:
a) was or is dependent to the parties of a trial or other participants of the process or their
representatives due to service or other circumstances;
b) performed a control the results of which served as the basis for initiating of the lawsuit
or the documents of which are used in course of the trial.
(3) Participation of an expert, specialist, interpreter or a court clerk of the court in the
previous examination of the case in the same capacity does not constitute grounds for their
recusation.
Article 52. Motion on recusation and self-recusation

(1) Under the grounds specified in Articles 50 and 51, a judge, expert, specialist, interpreter
and court clerk shall declare of their self-recusation. On the same grounds recusation may be
requested by a participant in the process or may be considered by the court on its own initiative.
(2) Recusation and self-recusation shall be made verbally or in writing for each recused
person separately, and must be motivated and stated prior to beginning of consideration of the
merits of the case. Recusation as well as self-recusation at a later stage is permitted only when
the reason for such became known to the person requesting recusation after beginning of
consideration of the merits of the case.
(3) If the grounds for the recusation became known after the beginning of consideration of
the merits of the case, the court is obliged to report them at the hearing in order to resolve the
question of recusation.
(4) The procedure for resolving on the request for recusation and the consequences of
satisfaction thereof shall be determined in accordance with the provisions of Articles 53 and 54.
(5) Repeated recusation of the same judge under the same grounds during the course of a
process shall not be permitted provided the earlier recusation was rejected. Additionally,
recusation of a judge on the grounds of doubts in his/her impartiality if legal and factual proofs
for recusation are absent, recusation of a judge instructed to verify the grounds for a recusation
and recusation of judges who do not participate in the consideration of the case shall not be
permitted.
Article 53. Procedure for resolving recusation requests

(1) The request for recusation is resolved by the court which is considering the lawsuit. The
court shall hear the person being recused, if the latter wishes to give explanations, and listens to
the opinion of the participants in a process. Questioning in court as well as performance of any
procedural actions is not allowed as means of proving existence of the grounds for recusation.
(2) Deciding on recusation of a judge is done by the other judge or a panel of judges in the
absence of the recused judge, usually in the same day, or not later than in 10 day if the recusation
request is being resolved by a superior court which was respectively motioned. Judges who were
part of the panel and who were not requested to be recused may be included in the new panel of
judges to decide on the issue of recusation of a judge.
(3) The request for recusation shall be resolved by a superior court in cases when the panel
of judges in the court hearing the trial cannot be constituted due to recusation of a judge, or when
recusation concerned all the judges of the respective court.
(4) The issue of recusation of an expert, specialist, interpreter or a court clerk shall be
resolved by the court considering this lawsuit.
(5) The issue of recusation shall be decided by the court in the deliberation room, by means
of passing a reasoned court ruling which can be appealed only along with the judgment or ruling
passed on the merits of this case.
Article 54. Consequences of satisfaction of the request for recusation

(1) In the case of satisfaction of recusation by the court considering the respective request,
the case is reviewed by a different judge or in a different panel of judges. In case of dismissal of
the recusal the lawsuit shall be examined by the appointed judges.
(2) A superior court empowered to consider requests of recusation in cases provided for in
paragraph (3) of Article 53, which has determined that recusation is grounded, shall rule on
transfer of the case to the court of the same level or, if the latter is impossible, the case shall be
transferred to a superior court accompanied with the respective request.
(3) In case of dismissal of the request for recusation the case is remanded to the court
considering the initial lawsuit.
(4) The ruling on satisfaction of the recusation request shall indicate to what extent the
actions undertaken by the recused judge retain legal force.
Chapter VI
PARTICIPANTS IN A CIVIL PROCESS.
PROCEDURAL RIGHTS AND OBLIGATIONS OF PARTICIPANTS
Article 55. Participant in a civil process

Participants in a civil process are the parties to a lawsuit, third parties, the prosecutor, the
applicants, persons who pursuant to provisions of paragraph (2) of the Article 7, Articles 73 and
74 are empowered to apply to court for protection of rights, freedoms and legitimate interests of
other persons, or which are engaged in the process for the purpose of giving advisory opinions to
protect the rights of others, and interested individuals in cases of special proceedings.
Article 56. Rights and obligations of participants in a civil process
(1) Participants in a civil process have the right to get acquainted with the materials of the
case, make copies, request recusations, present evidence and to participate in their examination,
pose questions to other participants in the process, witnesses, experts and specialists, make
motions, require disclosure of evidence, give verbal and written explanations to the court, present
their arguments and views on all issues arising in the course of the trial, oppose to motions,
arguments and considerations of the other participants, appeal court decisions and perform all
other procedural rights granted to them by the civil procedural legislation.
(2) Participants to a civil process enjoy equal procedural rights and equal procedural
obligations, with exceptions set forth by law, depending on their position in the case.
(3) Participants to a civil process shall use all their procedural rights with good faith. In
case of abuse of these rights or failure to comply with their procedural obligations they shall
incur sanctions provided for by the civil procedural legislation.
Article 57. Civil procedural passive legal capacity

(1) The ability to have civil procedural rights and incur procedural obligations (civil
procedural passive legal capacity) is recognized equally for all individuals and organizations
which according to the law have access to judicial protection of their rights, freedoms and
legitimate interests.
(2) Lack of passive legal capacity can be invoked in court at any stage of the process.
Procedural acts committed by a legally incapable person are void.
Article 58. Civil procedural active legal capacity

(1) The ability to perform in court procedural rights and to fulfill the procedural obligations
(civil procedural active legal capacity) to the full extent personally or through a representative
belongs to individuals over 18 years old, legal persons, as well as to persons, who are not
deemed legal entities, but have their own executive bodies.
(2) Procedural acts committed by minors from 14 to 18 years old or persons who were
recognized as having limited legal capacity shall be subject to invalidation. Legal representative
of a minor or tutor of a person recognized as having limited legal capacity may approve all of
their actions or a part of them. The court shall offer a term for approval of such actions. If the
actions were not approved in due time, they shall be declared null.
(21) Procedural actions committed by minors under the age of 14 or by persons recognized
legally incompetent are null.
(3) A minor who has attained 16 years of age may personally exercise his/her procedural
rights and fulfill procedural obligations in the case of declaration of his/her full active capacity
(emancipation) or in case of marriage.
(4) The rights, freedoms and legitimate interests of minors aged 14 to 18 years, as well as
persons recognized as having limited legal capacity, shall be exercised in court by their parents,
adoptive parents or guardians, however the court is obliged to involve as well in the process such
minors or persons with limited legal capacity.
(5) In the instances provided for by law, in lawsuits arising from civil, matrimonial,
employment and other legal relations, minors are entitled to defend their rights, freedoms and
legitimate interests in court in person. The court determines the need for involvement in such
cases of the legal representatives of minors.
(6) The rights, freedoms and legitimate interests of minors under 14 years of age, and
persons recognized legally incompetent in accordance with the law, shall be exercised in court by
their legal representatives – parents, adoptive parents, guardians, and tutors, administration of
educational, medical institutions or social care agencies.
Article 59. Parties in a civil process

(1) The parties in a civil process – plaintiff or respondent – can be any natural or legal
persons, who are at the time of initiation of the lawsuit, are allegedly the subjects of disputed
legal relation.
(2) In instances provided by law the parties to a civil process may be association and
persons, which are not legal entities, but have their own executive bodies.
(3) The parties to civil proceedings may be the Republic of Moldova, represented by the
Government, authorities authorized to exercise certain powers of the Government, as well as
administrative and territorial units represented by their authorized persons, in accordance with
law.
(4) A person to the interest of whom a lawsuit is initiated on request of persons or
authorities legally entitled to apply to the court for protection of rights, freedoms and legitimate
interests of other persons, shall be notified of the beginning of the process and shall participate in
this process as a plaintiff.
(5) The parties shall enjoy equal procedural rights and incur equal procedural obligations.
Article 60. Procedural rights of the parties

(1) In addition to the rights listed in Article 56, the parties shall have special procedural
rights.
(2) The plaintiff has the right to change the basis or subject of the claim, increase or
decrease the size of the claim or abandon the lawsuit. Respondent is entitled to recognize the
lawsuit. Parties may terminate the case by entering into a settlement agreement.
(3) Adding new grounds to the civil action increase or decrease the size of the plaintiff’s
claim or other claims, request for compensation of the value of the lost or damaged asset or
substitution of the lawsuit for recognition of a right for a lawsuit for adjudication of an award.
(4) The court may not change the basis or subject of the civil action (lawsuit) on its own
initiative.
(5) The court shall not accept the plaintiff’s abandonment of the civil action, respondent’s
recognition of the civil action, and shall not approve the settlement agreement if such actions
infringe on rights, freedoms and legitimate interests of a person, public interests or interests of
the state.
Article 61. Obligation of the parties to exercise procedural rights in good faith
(1) The parties are obliged to exercise their procedural rights in good faith. Any abuse of
these rights with a view of delaying the process or misleading the court shall be restrained by the
court.
(2) In the case of malicious filing of a manifestly unfounded application on contesting of a
document or a signature contained in the document, filing of an application for adjournment of
the process or transfer the lawsuit to a different court, securing by the plaintiff, whose civil
action was rejected, of the caution measures, which have damaged the respondent if these actions
result in adjournment (or suspension) of the case or delay in the execution of a judicial act, the
court at the request of an interested party may order the guilty party to pay compensation of such
damages.
Article 62. Mandatory accessory participation

(1) The procedural accessory participation (co-participation) in a lawsuit is required if
examination of the case involves court decision on the rights or obligations of several plaintiffs
and/or respondents, when:
a) the subject-matter of a dispute is the general rights and obligations of several plaintiffs
or respondents;
b) the rights and obligations of plaintiffs or respondents have the same factual or legal
basis.
(2) Having determined existence of the grounds for mandatory procedural accessory
participation, the court shall on its own initiative or at the request of the participants to a civil
process notify all co-plaintiffs and all co-respondents on the possibility to join the process. The
court ruling to reject the motion of the participant in a process to notify the co-participant may be
contested with cassation.
(3) In the case of existence of the grounds specified in paragraph (1), any person may
apply to the court to join the process as a co-plaintiff or a co-respondent. The court ruling to
reject the motion of the interested person to join the process as an accessory participant may be
contested in cassation procedure.
(4) The co-participants may entrust participation in the case to one or more of the co-
participants.
(5) The court shall pass a ruling on the issue of accessory participation prior to termination
of the trial.
(6) Having determined in course of a hearing the need for involvement of a co-plaintiff or a
co-respondent, the court orders notification of the co-participants and resumes the trial on the
merits.
Article 63. Voluntary accessory participation

(1) For the purpose of expedient and fair examination of cases, the court has the right to
accept simultaneous examination of several claims submitted by several plaintiffs to one
respondent, or by one plaintiff to several respondents, or by several plaintiffs against several
respondents (including when each claim may be examined and enforced independently) when
such claims are connected with substantive law relations between the co-participants, with filed
claims or common evidence and may be examined in one and the same civil action by one and
the same court.
(11) Each of the co-plaintiffs or co-respondents in the process acts independently and
separately of the other.
(2) The court ruling by which the motion on voluntary co-participation is satisfied or
rejected shall not be subject to contestation in cassation procedure.
Article 64. Replacement of improper party

[Article 64 repealed by Law No 244 -XVI dated 21.07.2006, effective as of 17.11.2006]
Article 65. Principal intervener (third party making independent claims on subject-
matter of a dispute)
(1) Any interested person may join a process that takes place between the others.
Intervention is deemed to be of a personal interest in case the intervener invokes his/her right on
the subject-matter in a dispute or a right otherwise related to it.
(11) Having established existence of persons who can claim independent claims on the
subject-matter of a dispute between the original parties, the court shall notify such persons on the
beginning of a process and explains them the right to join the process by bringing a civil action.
(2) The principal intervener may join the process prior to termination of the hearing at the
trial stage by means of bringing an action to one or both parties in the manner prescribed by the
present code. The principal intervener has the rights and obligations of the plaintiff.
(21) Application for joining a process shall be made according to the requirements for the
statement of action.
(4) If the court determines that the action of the principal intervener is not related to the
subject-matter of a dispute, it shall issue a court ruling to reject examination of such action
jointly with the initial action. In this case, the principal intervener is not deprived of the right to
bring his/her action in a general procedure.
(5) The ruling of the court by which examination of the action of the principal intervener
jointly with the initial action is rejected may be contested in the cassation procedure.
Article 66. Notification of persons who can make independent claims on the subject-
matter of a dispute
[Article 66 repealed by Law No 244-XVI dated 21.07.2006, effective as of 17.11.2006]
Article 67. Accessory intervener (third party not making independent claims on
subject-matter of a dispute)
(1) A person having an interest in proceedings initiated between other parties may join the
process at the side of the plaintiff or the respondent before the termination of the trial
examination, if the judgment of the court in this case may affect his/her rights or obligations with
respect to one of the parties.
(2) In order to join the process the intervener shall file an application in which it proves
existence of his/her interest to join the process and indicates which side he/she is joining. A copy
of the application shall be given to both parties.
(3) An accessory may also join the process at the request of one of the parties or on the
initiative of the court.
(5) The ruling of the court to reject an application of the accessory intervener to join the
process may be appealed by this person of by a participant in a process together with the decision
of this case on the merits.
Article 68. Procedural rights and obligations of accessory intervener

Accessory intervener shall have the procedural rights and obligations of a party to which
they have joined, except for the right to change the basis and subject-matter of the case, increase
or decrease of the size of the claims, as well as abandonment of the case, recognition of the case
or entering into a settlement agreement, filing a counter-action or requesting enforcement of a
court judgment, ruling or resolution of the court.
Article 69. Consequences of failure to bring accessory intervener in a process and

failure to enter the process
(1) If as a result of the court judgment a party in a process obtains a legal right towards the
accessory intervener, or the latter may have a claim towards such party, the interested person is
obliged to notify such person on the beginning of the process and motion a court on bringing it to
join the process. For this purpose, the interested party shall file an application to the court, a copy
of which shall be sent to an accessory intervener with an explanation of his/her right to join the
process within 15 days.
(2) If the case is examined without bringing the accessory intervener to the process by the
interested party, the facts and the legal relations established by a legally effective court judgment
shall have no legal force when examining the recourse action against such intervener.
(3) Failure of the accessory intervener which was notified in accordance with provisions of
paragraph (1) to join the process without any justifiable reason, shall deprive such person of the
right to prove that the dispute was unduly resolved for the reason that the party to which it was
supposed to join, led the process incorrectly, unless the intervener can prove that the
explanations, actions and procedural remedies of such party were erroneous as a result of the
latter’s willful intent or serious misconduct.
Article 70. Legal succession

(1) In case of withdrawal of one party from a disputed legal relation or from a relation
established by a court judgment (death, reorganization, assignment of claim, assumption of debt
and other cases of change of persons in liabilities), the court allows replacement of that party
with its legal successor. Legal succession is possible at any stage of the process.
(2) All acts performed before the successor joins the process shall be binding on him/her to
the extent to which they would have bound the person whom the successor had replaced.
(3) The court ruling rejecting legal succession in the process may be contested in cassation
procedure.
Article 71. Participation of prosecutor in civil cases

(1) The prosecutor participates in examination of civil cases at a trial stage as a participant
in the process, if in accordance with the law of the lawsuit was initiation by the prosecutor.
(2) An action to protect the rights, freedoms and legitimate interests may be brought by the
prosecutor only based on a written request of the interested person, if the latter cannot apply to
the court for health reasons, old age, disability or other valid reasons. Action in defense of the
interests of the legally incapable person may be filed by the prosecutor regardless of existence of
the request made by the interested person or his/her legal representative. In cases provided by
law, the prosecutor may apply to the court for the protection of rights, freedoms and legitimate
interests of indeterminate circle of people.
(3) The prosecutor may apply to a court with a statement of action or an application for
protection of the rights and interests of the state and public society, relating to:
a) budget formation and execution;
b) protection of property in the exclusive possession of the state;
c) damages caused to the state;
d) to challenge contracts infringing on the interests of the state;
[Letter e) repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
f) invalidation in accordance with the law of the normative acts of the public authorities,
other authorities and organizations, officials or civil servants;
g) confiscation of the illegally acquired assets;
[Letter h) repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
i) environmental protection;
j) other cases stipulated by law.
Article 72. Procedural rights of prosecutor

(1) The prosecutor who has brought an action enjoys procedural rights and fulfills
procedural obligations of the plaintiff, except for the right to enter into a settlement agreement
and obligation to pay court costs.
(2) Refusal of the prosecutor to support an action brought by him/her for the protection of
interests of another person does not deprive that person or his legal representative of the right to
demand examination of the merits of the case. If the plaintiff refuses to enter the process brought
by the prosecutor, the court leaves the application without examination. If the plaintiff refuses to
join the case, the court terminates the proceedings only when the refusal of the plaintiff is not
contrary to the law and does not affect the rights and legitimate interests of other persons.
(3) Failure of the prosecutor to appear at the hearing when he/she was duly subpoenaed,
does not preclude examination of the case, if the person in whose interest the action was brought
agrees to examination of the case in the absence of the prosecutor.
Article 73. Commencing a case for protection of rights, freedoms and legitimate
interests of other persons
(1) In the cases provided by law, public authorities, organizations and individuals may
apply to the court with a statement of action (or application) for protection of rights, freedoms
and legitimate interests of other persons at their request or for protection of rights, freedoms and
legitimate interests of an indeterminate circle of individuals. Action for protection of interests of
a legally incapable person may be filed regardless of existence of the request of the person
concerned or his legal representative.
(2) The authorities, organizations or individuals which brought a legal action for protection
of the interests of other persons, enjoy the procedural rights and fulfill the procedural obligations
of the plaintiff, except for the right to enter into a settlement agreement and obligation to pay
court costs.
(3) In case of refusal of authorities, organizations or individuals from the legal action
which they have brought for protection of the other person, or in case of reluctance of the latter
to join the case the procedural consequences specified in paragraph (2) of Article 72 shall come
into effect.
Article 74. Participation in process of public authorities giving opinion on the case
(1) In the cases provided by law, the competent public authorities shall be entitled prior to
passing a judgment at the trial stage or at the appeal stage to join the process on their own
initiative, at the request of the participants in a process or at the initiative of the court in order to
give an opinion on the case in accordance with their duties and for the purpose of protection of
the rights, freedoms and legitimate interests of other persons, interests of the state and public
society.
(2) Where necessary, the court may, upon its own initiative, involve a competent public
authority to give an opinion on the case.
(3) The authorities referred to in this article shall have the procedural rights and obligations
of the participants in the process, stipulated in Article 56 of the present code as well as in the
other laws.
Article 75. Representation in court

(1) Individuals can protect their interests in a civil case in person, through an attorney or a
trainee attorney. Personal participation in a process does not deprive an individual of a right to
have a lawyer.
(2) Legal entities shall be represented in court by their management bodies acting within
the powers granted to them by law, other normative acts or constituent documents, as well as by
other authorized employees of a legal entity, attorneys-at-law or trainee attorneys.
(3) The chief executive officers of organizations shall confirm their empowerments by
presenting in court documents certifying their office or official position, and if necessary –
constituent documents. In the event of dissolution or liquidation of the legal entity its interests
may be represented by respectively the administrator (i.e. chief executive officer) or liquidator
appointed in accordance with the requirements of the law.
(4) Procedural actions performed by a representative within the powers granted to him/her
shall be binding on the person represented to the extent in which they may have been performed
by him personally. The guilt of the representative equals to the guilt of a party in a process.
Article 76. Persons who may be representatives in court

Article 77. Appointment of attorney

The court requests the territorial office of the National Council on legal aid guaranteed by
the state to appoint an attorney for a party or a third person in a process:
a) if a party in a process or a third person who are legally incapable or having limited legal
capacity do not have a legal representative or if the respondent's place of residence is unknown;
b) if the court finds existence of a conflict of interests between a representative and the
represented person who is recognized legally incapable or having limited legal capacity;
c) in accordance with the provisions of Articles 304 and 316;
d) in other cases provided by law.
Article 78. Persons who may not be representatives in court

Article 79. Legal representatives

(1) The rights, freedoms and legitimate interests of persons lacking full legal capacity or
recognized as having limited legal capacity shall be defended in court by their parents, adoptive
parents, guardians or other persons who are granted with such powers by law.
(2) A person who is recognized in accordance with the provisions of law as missing shall
be represented in court by a fiduciary administrator or a trustee appointed in accordance with the
law.
(3) In a civil action in which the heirs of the deceased person or of a person, who was
legally recognized as deceased, provided the inheritance has not yet been accepted by anyone,
are to participate, the legal representative of the heir shall be the administrator of the decedent’s
estate or a trustee appointed in accordance with the law.
(4) The legal representatives perform on behalf of the persons whom they represent all the
procedural actions, the right for which belongs to the represented person with the exceptions set
forth by the law.
(5) The legal representatives may entrust the case in the court to an attorney who was
chosen as a legal representative. When it is deemed necessary, the legal representative should be
personally summoned in court for questioning on transactions or acts committed by him/her in
this capacity.
Article 80. Presentation of representative’s empowerment

(1) The empowerments of the representative of a legal entity must be presented in a Power
of Attorney issued and certified in the manner prescribed by law.
(3) Powers of Attorney issued by a legal entity, shall be countersigned by the administrator
or other person entitled to do so and confirmed by the constituent documents and the stamp of
the organization.
(4) The effects of the Power of Attorney confirming the empowerment of the representative
in court shall be terminated on the grounds provided for in Article 255 of the Civil Code.
(6) The legal representative shall present to the court documents confirming his/her status
and powers.
(7) Empowerment of an attorney or trainee attorney shall be confirmed by a mandate
issued by the represented person or by a certified attorney.
(9) A representative who waives its empowerment must notify both the represented person
and the court no later than 10 days before commencement of the proceedings or expiration of the
term for appeal.
Article 81. Representative's empowerments in court

The empowerment of judicial representation provides the representative with the right to
exercise all procedural actions on behalf of represented person, except for the right to sign the
statement of action and present it to the court, transfer the case to an arbitration court, waive the
claims in full or partially, increase or decrease the size of the claims, change the basis or subject-
matter of the claims, recognize the claim, enter into a settlement agreement, file a counterclaim,
transfer representation empowerment to another person, appeal the court judgment, change the
method of enforcement of the court judgment, defer a payment, pay by installments, file a writ of
execution for enforcement purposes, and obtain money or property on the basis of a court
judgment, which rights must be specifically authorized by the Power of Attorney, otherwise
being null and void, issued to the representative of a legal entity, or in the mandate issued to an
attorney.
Chapter VII
COURT COSTS
Article 82. Court costs

Court costs comprise of the state duty and the expenditures related to the judicial
proceedings.
Article 83. State duty

(1) The state duty is made of a sum of money charged to the state budget by the courts on
the basis of law from persons in whose interest the procedural actions are made in course of
examination of civil cases or to whom the copies of the documents of the case are given.
(2) The amount of state duty for property claims is determined based on the nature and
amount of the claims, and for non-property claims and in other cases stipulated by law – as a
fixed amount in accordance with the Law on State Duty.
Article 84. Imposing a state duty

State duty is charged on every action claim (initial or counterclaim), applications of
principal interveners, applications in special proceedings, applications for issuance of a court
order, application for insolvency procedures, applications for writ of execution, for enforcement
of decisions of arbitration tribunals, for appellate and cassation applications, as well for issuance
of copies (duplicates) of judicial acts.
Article 85. Exemption from payment of state duty

(1) The following shall be exempt from payment of the state duty in civil actions:
a) plaintiffs in lawsuits on:
- reinstatement at job, for recovery of amounts of employment remuneration and other
claims related to employment relations;
- arising from copyright and related rights, rights on inventions, industrial designs, plant
varieties, topographies of integrated circuits, as well as other intellectual property rights;
- alimony;
- recovery of damages caused by injury or other impairment of health or damages resulting
from the person’s death;
- recovery of pecuniary damages caused by the criminal offense;
- recovery of damages caused by pollution and unsustainable use of natural resources;
- recovery of social benefits;
- arising from administrative relations;
- illegality of unauthorized public demonstration and meetings;
- consumer protection;
- related to violations of the law on protection of personal data;
- discriminatory practices.
b) citizens of the Republic of Moldova – in applications for child adoption;
c) minors – on applications for protection of their rights;
c1) victims of domestic violence – on applications to ensure protective measures;
d) persons subjected to political repression – on matters related to repressions;
e) ombudsmen – on applications for protection of interests of persons whose constitutional
rights and freedoms have been violated;
f) prosecutor, public authorities, organizations and individuals authorized by law to apply
to the court with statement of action in defense of the rights, freedoms and legitimate interests of
other persons or to protect the interests of the state or public society and file applications for
appeal against decisions of the courts;
g) internal affairs authorities and the National centre for fight against corruption – on
claims to recover costs for searching persons who evade to pay child support (alimony);
compensation of damages caused by injury or other impairment of health or damages resulting
from the person’s death; payment of taxes and other obligatory payments to the state budget;
expenses related to tracing a debtor and his/her property, or a child who was taken from the
debtor on the basis of a court judgment, as well as costs for storage of the debtor's property that
has been seized, and the debtor's property, evicted from its premises;
h) social care authorities – for recourse actions against a harm-doer in order to recover
from the latter amounts of material benefits and pensions paid to the victim or his family;
i) central public administration authorities, central specialized authorities of public
administration, the Chamber of Accounts and their subordinate authorities financed from the
state budget, as well as local public administration – for filing of lawsuits and applications to
appeal judicial decisions, including for the case examined by the Administrative Court,
regardless of their procedural status;
j) The State Agency on Intellectual Property – in cases of contestation of its decisions and
resolutions on the procedure for registration of intellectual property objects;
k) public organizations of disabled persons, their educational and industrial organizations,
businesses, associations – for all claims and statements;
l) parties in a process – on disputes related to compensation of damages caused to the
person by illegitimate conviction, criminal prosecution, illegitimate use of a preventive measure
in a form of pre-trial detention or on a written cognizance not to leave the place or due to illegal
administrative sanction in the form of arrest;
m) participants to a process – on contestation of court rulings;
n) parties in a process – for civil cases on revision of the court judgments;
a) National Medical Insurance Company and its territorial (sectoral) agencies – on lawsuits
brought against individuals and entities who evade paying mandatory medical insurance
contributions and lawsuits brought against health care providers or health workers for the
purpose of recovery of pecuniary damages caused to health of the insured persons due to their
fault, in lawsuits brought against individuals and legal entities responsible for the damages
caused to health of the insured persons, and in recourse actions;
p) parties in a process – in cases involving violation of the right to trial in a reasonable time
and compensation of damages caused by such breach;
r) parties in a process – in cases involving violation of the right to enforcement of
execution documents within a reasonable time and compensation of damages caused by such
breach.
(2) The law may provide for other cases when parties may be released from payment of a
state duty.
(3) Copies of judicial decisions shall be given to the participants to a civil process, at their
request, without payment of any state duty. Upon repeated issuing of copies of the same judicial
decisions a state duty shall be paid.
(4) Given the financial position of an individual or a legal entity, confirmed by due
evidence presented, the judge (court) may release such person from paying the state duty
completely or reduce its size.
Article 86. Deferral or installment payment of state duty

(1) A judge or the court, based on the financial situation of the parties, has the right to
decide on deferral or installment payment of a state duty by one or both parties in a process. In
case of failure by the plaintiff to pay the state duty within the prescribed period, the court leaves
the statement of action without examination.
(2) Legal entities recognized as being in the process of insolvency shall be entitled to pay
the state duty after examination of the case on its merits, but not later than in 6 months from the
date of a court judgment in the following civil actions – for recovery of receivables, on
annulment of fictitious or illegitimate legal acts, issued guarantees, contracts and acts on transfer
of property title, as well as on appeal against judgments given by the court in the above cases.
Article 87. Value of legal action

(1) The value of an action shall be determined:
a) in actions for recovery of money – by the amount claimed for recovery;
b) in actions for recovery of property – by the value of the claimed property;
c) in actions for recovery of alimony – by cumulative payments for one year;
d) in actions for payment of obligations which became due – by aggregate value of the
claimed payments, but no more than for three years;
e) in actions for payments with no fixed term and permanent alimony payments – by
cumulative payments for three years;
f) in actions for reduction or increase of payments – by the amount by which payments are
reduced or increased, but not more than for one year;
g) in actions for termination of payments or deliveries – by cumulative outstanding
payments or deliveries, but not more than for one year;
h) in actions for cancellation of lease contract – by cumulative payments for the use of the
property for the remaining term of the contract, but no more than for three years;
i) in actions on property title over buildings belonging to individual persons – by the value
of the building, but not less than its inventory value or, in its absence – not less than the value
assessed for mandatory insurance purposes, and for buildings owned by legal entities – not less
than the balance sheet value of the building;
j) in actions for recovery of land plots – by the price set for land plot, and in the price is not
set – by its market value;
k) in actions consisting of several independent claims – by the value for each claim
individually.
(2) The cost of an action shall be indicated by the plaintiff. In the case of obvious disparity
between the indicated cost of action and its actual cost the judge in order to determine the actual
cost shall decide on provision of the required evidence to the court, performance of on-site
inspection or ordering expert opinion, the expenses for which shall be borne by the plaintiff.
Article 88. Supplementary payment of state duty

(1) If determination of the cost of action is difficult upon filing of a statement of action the
state duty shall be paid in an approximate amount subject to subsequent supplementary payment
of the state duty according to the price of action, determined by the court in course of
examination of the case.
(2) Upon increase of the amount of action by the plaintiff in course of civil proceedings the
outstanding amount of the state duty shall be additionally paid by the plaintiff in accordance with
the increased cost of action.
(3) The case hearing continues only after the plaintiff presents proof of payment of the
state duty or a decision of a court to defer payment of a state duty or pay it in installments or
reduce its amount in accordance with Article 86.
Article 89. Repayment of state duty

(1) A paid state duty shall be repaid back in part or in full amount in the following cases:
a) state duty was paid in the amount exceeding the one required by the current legislation
(overpaid amount is refunded);
b) the court refused to accept an application for issuance of a court order on the grounds
specified in Article 348;
c) the court refused to accept the application for its examination on the grounds provided
for in paragraph (1) of Article 169;
d) the court returned the application on the grounds specified in paragraph (1) of Article
170 and paragraph (2) of Article 171;
e) termination of proceedings on the grounds specified in letters a), b) and e) of Article
265;
f) abandonment of the application without examination on the grounds specified in points
a) and b) of Article 267;
g) the court returned appellate or cassation application on the grounds provided in Articles
369, 408 and 409;
h) refusal of the person who paid the state duty for preparation or obtaining of judicial
documents, if it took place before going to court.
(2) The state duty shall be refundable also in other cases stipulated by the legislation in
force.
(3) Repayment of the state duty is effected by the tax authorities through the State Treasury
not later than within one year from the date of the respective court ruling.
Article 90. Expenditures related to examination of the case

Expenditures related to examination of the case include the following:
a) amounts payable to witnesses, interpreters, experts and specialists;
b) cost of performance of on-site inspection;
c) costs of notification and summoning of the parties to the court;
d) costs of travel and accommodation incurred by the parties and other participants to a
process in relation to their appearance in court;
e) costs related to translation services incurred by foreign citizens and persons without
citizenship, unless international treaties a party to which is the Republic of Moldova provide
otherwise;
f) costs of searching of the respondent;
g) costs of production of an expert examination;
h) costs of enforcement of judicial decisions;
i) costs related to provision of legal assistance;
j) costs of declaring insolvency;
k) compensation for loss of working time;
l) other necessary expenses incurred by court and participants to a process.
Article 91. Amounts payable to witnesses, experts, specialists and interpreters

(1) Witnesses, experts, specialists and interpreters shall be reimbursed for travel and
accommodation costs incurred in connection with the appearance in court, as well as shall be
paid per diem and an average salary in the national economy.
(2) Persons summoned in court as witnesses shall keep their employment for the period of
their absence due to appearance in court. Witnesses who are not in employment shall be paid a
compensation for distraction from their usual business.
(3) Experts, specialists and interpreters receive compensation for work performed as per
instructions of the court if such work does not make part of their service duties in a public
institution or organization. The amount of such compensation shall be determined by court upon
consultation with the parties and agreement with the experts, specialists and translators.
Article 92. Payment by parties of amounts due to witnesses, experts, specialists and
interpreters
(1) Amounts payable to witnesses, experts, specialists and interpreters and amounts of
other necessary expenses to be incurred in the case shall be provisionally deposited on a court
account by the party requested the respective act. If the request for such an act is made by both
parties or appointment of an examination, involvement of a specialists or other paid acts is made
at the initiative of the court, then the required amounts shall deposited at the account of the court
in equal parts by the parties.
(2) Failure to deposit on the court account of the amounts stipulated in paragraph (1) in due
time, shall deprive the party concerned of the right to summon a witness, expert or interpreter or
request expert examination.
Article 93. Payment of amounts due to witnesses and interpreters

(1) Amounts due to witnesses and interpreters, shall be paid by the court from its deposit
account upon fulfillment by the former of their duties.
(2) Payment of the services of an interpreter and reimbursement of his/her expenses
incurred in connection with appearance in court shall be made from the budget.
(3) The method of payments and the amounts payable shall be determined in accordance
with applicable legislation.
Article 94. Distribution of costs between the parties

(1) The court shall oblige the party who lost an action to pay party in whose favor the court
judgment is made the court costs incurred by the latter. If the action is granted in part, the court
costs shall be reimbursed to the plaintiff in proportion to the satisfied action claims and to the
respondent – in proportion to the part of the action claims satisfaction of which was refused.
(2) If there are several plaintiffs or several respondents, they are required to pay the court
costs in equal parts, in proportion or jointly, corresponding to the interests of each of them,
depending on the nature of the dispute between them. If one of the co-participants used special
judicial remedies the other co-participants shall not be bound to share in the expenses incurred.
(3) The provisions of subsections (1) and (2) shall also apply for the purpose of allocation
between the parties of the court costs incurred in connection with the appellate and cassation
proceedings and for revision procedure.
(4) If a superior court amends the appealed decision or passes a new decision, without
returning the case for re-examination, it has the right to respectively amend the allocation of
court costs.
Article 95. Payment of compensation for loss of working time

The court may oblige the party which has unfairly initiated a vexatious legal action or
which systematically opposed to proper and expeditious examination of the case, to pay the
compensation to the other party for actual loss of working time. The amount of compensation
shall be determined by the court within reasonable limits and taking into account the
circumstances of the case and the amount of ordinary remuneration for the respective profession.
Article 96. Reimbursement of costs for legal assistance

(1) The court shall oblige the party who lost an action to pay party in whose favor the court
judgment is made the costs incurred by the latter in relation to the provision of legal assistance,
to the extent that such costs are real, necessary and reasonable.
(11) The costs referred to in paragraph (1) shall be reimbursed to the party in whose favor
the court judgment is made if it was represented in court by an attorney.
(2) If the party, who has won the action, took advantage of qualified legal assistance
guaranteed by the state, the costs of providing qualified legal assistance shall be imposed on the
party who has lost an action. These amounts shall be transferred to the account of the territorial
office of the National council for legal assistance guaranteed by the state.
Article 97. Allocation of court costs in case of renunciation of lawsuit or settlement

agreement
(1) In case of withdrawal by the plaintiff of the statement of action or his/her renunciation
of the lawsuit before the notification of the statement of action to the respondent was made, the
expenses incurred by the plaintiff shall not be reimbursed. If the plaintiff renounced of his/her
action after reporting of the action, the court at the request of the respondent commits the
plaintiff to compensate the expenses incurred by the respondent.
(2) If the plaintiff does not support his/her claims on the ground that they were satisfied by
the respondent voluntarily after the lawsuit was brought, the court at the request of the plaintiff
commits the respondent to compensate all court costs incurred by the plaintiff in connection with
initiation of the case, including the amounts payable for provision of legal assistance.
(3) If the plaintiff sued the respondent without pre-trial submission of his/her claims to the
respondent and the latter immediately accepts the action in court, the court costs shall be incurred
by the plaintiff.
(4) If upon entering into a settlement agreement the parties have agreed for a procedure for
allocation of court costs, including the amounts payable for provision of legal assistance, the
court resolves the question taking into account the agreement of the parties.
(5) If upon entering into a settlement agreement the parties have not agreed for a procedure
for allocation of court costs, they are considered paid by both parties.
Article 971. Reimbursement of court costs of the parties

(1) In the event of full or partial rejection of the lawsuit brought to protect the rights,
freedoms or legitimate interests of the plaintiff, in the cases stipulated by the organic law the
court costs of the respondent shall be reimbursed from the state budget in full or in part, in
proportion to that part of the claim, which was rejected.
(2) In the case of satisfaction of the legal action for release of property from seizure the
court costs of the plaintiff shall be reimbursed from the respective budget.
Article 98. Reimbursement of expenses incurred by the court

(1) Costs incurred by the court in connection with the judicial proceedings, as well as state
duty which was exempt from payment by the plaintiff, shall be recovered from the respondent in
the budget in proportion to the satisfied part of the claims, unless the respondent is exempt from
payment of the court costs.
(2) Upon rejection of an action the costs incurred by the court in connection with the
judicial proceedings, as well as state duty shall be imposed on the plaintiff, unless he is exempt
from payment of the court costs.
(3) If the legal action is granted in part, and the respondent is exempt from payment of
court costs, the costs incurred by the court in connection with the judicial proceedings shall be
recovered to the budget from the plaintiff unless the plaintiff is exempt from payment of court
costs, in proportion to that part of the claims satisfaction of which was denied by the court.
Article 99. Appeal of court rulings on matters related to court costs

A court ruling on matters related to court costs may be appealed together with the decision
on the merits.
Chapter VIII
COMMUNICATION OF PROCEDURAL ACTS.
SUBPOENAS, JUDICIAL NOTIFICATIONS
Article 100. Communication of procedural acts

(1) The statement of action and all the procedural acts shall be brought to attention of the
participants to a process and interested parties under their signature by means of an authorized
person, by post through a registered mail with acknowledgment of receipt, by a bailiff office or
by any other means which ensure delivery of the text of the procedural act and confirmation of
the receipt thereof; or through a court mandate (rogatory letter).
(2) In case when communication of an act is required to be made on behalf of a different
court the requested court shall immediately take the necessary measures in accordance with the
law and shall deliver to the requesting court probation that the requested procedure was duly
performed.
(3) If the trial of a case is adjourned, summoning of the participants to a process that were
present at the hearing is not necessary. Participants to a process who were subpoenaed, but were
not present at the hearing in course of which the examination was adjourned, may invoke the fact
that they were not subsequently subpoenaed only in case they can prove the impossibility to get
to know the date of the examination of the case.
Article 101. Record on delivery of a procedural act

Article 102. Subpoenas and judicial notifications

(1) The court shall notify the participants in a process, witnesses, experts, specialists and
interpreters of the place, date and time of the hearing or the place, date and time of the
performance of certain procedural actions by delivering a respective subpoena.
(2) In the case of urgent matters participants to a process, witnesses, experts, specialists
and interpreters can be notified or subpoenaed by telegram or other means ensuring confirmation
of delivery and receipt or notice.
(3) Subpoenas and notices are given to participants to a process, witnesses, experts,
specialists and interpreters so as to enable them to prepare for the process and to appear in court
in a timely manner.
(4) The subpoena is delivered to a party not later than three days prior to the hearing. In
case of urgent cases this term may be shortened at the discretion of the court.
(41) Participants to a process, once notified in the manner prescribed by law, may not
invoke that they have not been invited to court on the next occasion for the purpose of
performing of procedural actions.
(5) The appearance of the parties to the court in person or through a representative removes
any legal vices of notification by a subpoena. However, a party is entitled to demand
adjournment of a process provided the subpoena was not delivered to it on time.
(6) Subpoena and judicial notification shall be delivered to the address specified by a party
or other participant in a process. If the person is not residing at the address reported by the court,
subpoena or judicial notification may be sent to the place of work or to the place of his/her actual
location.
Article 103. Content of subpoena and judicial notification

(1) Subpoena and notification must contain:
a) the name and address of the court;
b) specify the place, date and time of appearance in court;
c) the name and address of the person notified or subpoenaed;
d) indication of the lawsuit for which subpoena or notification is made;
e) indication of the legal status in which the person is subpoenaed or notified.
(2) Subpoena or notification shall request that participants to a process are invited to
submit all the evidence for the case, indicate the effects of the failure to present the requested
evidence and failure to appear in court, obligation to inform the court of non-appearance as well
as an obligation of a person who received the subpoena or notification on behalf of the missing
person to deliver such to that person at the earliest occasion available.
(3) Simultaneously with subpoena or notification, if necessary, the judge shall dispatch to
the respondent a copy of the documents submitted to the court. Together with the subpoena or
notification a copy of the respondents’ reply to the statement of action shall be sent to the
plaintiff in the event the respondent has presented such reply to the court.
Article 104. Delivery of subpoenas and notifications

(1) Subpoena and notification shall be delivered when the following persons are invited to
court:
a) the State, administrative territorial units, public authorities represented by the head of
the relevant body – to the place of their administration;
b) legal entities – through their authorized representatives, at the place of their legal
address in accordance with state registration or, as appropriate, at the place of their branch unit of
representative office;
c) associations and entities that are not legal persons – through their management bodies, at
the location of their administration;
d) companies and all persons undergoing judicial reorganization procedure or insolvency –
through the insolvency administrator or, as appropriate, the liquidator;
e) persons having no legal capacity – through their legal representatives, and in case of
appointment of a tutor – through a tutor;
f) staff of diplomatic missions and consular offices of the Republic of Moldova, citizens of
the Republic of Moldova, appointed as public officers in international organizations residing
abroad, members of their families – through the Ministry of Foreign Affairs;
g) citizens of the Republic of Moldova, except as provided in paragraph f), residing abroad
on due to a public service – through the central authority that sent them or which directly
supervises such person.
(2) Unless an international treaty to which Republic of Moldova is a party or a special law
provides for a different procedure for making a subpoena or judicial notification to the persons
residing abroad, the place of domicile or location of which is known, subpoena or notification
shall be delivered by a registered letter with acknowledgement of receipt. If the place of
residence or location of persons residing abroad is not known the summoning of such persons to
court shall be effected in accordance with Article 108. The provisions of this article shall apply to
communication or giving notice of any other procedural action.
(3) In all cases, if persons who are residing abroad have a representative known in the
Republic of Moldova the latter shall be subpoenaed as well.
(4) The plaintiff domiciled abroad has the right to specify an address in the Republic of
Moldova at which he/she can be notified of all the communications about the civil process. If the
respondent is domiciled abroad, he/she shall be informed of his/her right to provide an address in
the Republic of Moldova at which he/she can be notified of all the communications about the
civil process. In the case of non-compliance with this requirement, the respondent shall be
notified by a registered mail and a receipt for posting a letters at post office shall indicate the
name of the mailed documents.
(5) Persons, the place of residence or location of which is not known shall be subpoenaed
to court in the manner provided for in Article 108.
Article 105. Serving of subpoenas and notifications

(1) Subpoena and notification shall be sent by registered mail, return receipt requested, or
by an authorized judicial officer. Date of service of subpoena or notification shall be specified in
the both in subpoena and notification handed over, and on their stub that shall be returned to the
court.
(11) Public authorities, legal entities of private law and attorneys-at-law shall be serviced
by fax, email or any other means of communication, which ensure data transfer and
acknowledgment of receipt of these acts. Subpoena and notification can be sent to individuals by
fax, email or any other means of communication, which ensure data transfer and
acknowledgment of receipt of these acts only upon the request of the persons concerned.
(2) With the consent of a participant in a process, the judge can entrust him with subpoena
or notification for delivery of these to the addressee. Person authorized by a judge to hand over
subpoena or notification must return to the court their stub with the signature of the addressee
confirming receipt thereof.
(3) Subpoenas, notifications and procedural documents may be handed over to recipients at
the premises of the court. In this case, the addressees present in the court in person or through a
representative, may not refuse to receive a notification or a procedural documents. If service is
performed during a hearing, the court may grant a term for informing oneself of the handed
documents upon request of to the interested person.
(4) Representatives of the parties and other participants in the process can give each other
procedural acts against an acknowledgement of receipt.
(5) Subpoena or notification addressed to an individual, shall be handed over in person
against an acknowledgement of receipt on the stub. Subpoena or notification addressed to an
organization shall be handed over to the appropriate officer who signs on the stub of the
document. If the appropriate officer is absent, subpoena or notification shall be handed over in
the same manner to another employee of the organization and shall be deemed accepted by the
organization.
(6) If a person authorized to deliver a subpoena or notification, will not find the addressee
at the place of residence or at place of work, subpoena or notification shall be handed over to any
of the adult members of the family living together with him and agreed to receive subpoena or
notification, and in their absence shall be transmitted in the housing organization, the City Hall
of the village (commune) or administration at his place of work. A person who received
subpoena or notification must indicate his/her name on the stub, kinship relations with the
addressee or the position held. A person who received subpoena or notification is required to
deliver them to the recipient as soon as possible.
(7) In case of temporary absence of the recipient a person who must deliver subpoena or
notification, shall indicate at the stub the place where the recipient has left for and when he/she is
expected to return.
(8) If the location of the addressee is not known, this fact shall be noted in the subpoena or
notification indicating the source of the information, the date and time.
(9) In the case of non-delivery of the summons due to fault of a postal servant or other
person authorized to give subpoena or notification, such person shall be subject to a sanction of
up to 10 conventional units.
Article 106. Consequences of refusal to accept subpoena or notification

(1) If the recipient refuses to accept the subpoena or notification, the person authorized to
deliver them shall make a corresponding note on the subpoena or notification and returns them to
the court.
(2) A person who refused to accept the subpoena or notification shall be deemed notified of
the place, date and time of the hearing or the place, date and time of performance of a procedural
act. Failure to appear as serviced shall not preclude examination of his case or producing a
procedural act.
Article 107. Change of the address during the process

In case of change of residence or location of one of the parties or one of the representatives
after the start of the process they are required to report their new address to the court by a
declaration, and inform the opposing party – by registered mail, return receipt of which shall be
filed to the case along with the statement of action (application). In the absence of such
communication subpoena or notification shall be sent to the last address known to the court and
shall be deemed delivered, even if the addressee doe not reside any longer at that address.
Article 108. Servicing the respondent by media

(1) If the place of actual residence of the respondent is not known and the plaintiff states
that despite his/her best efforts he/she failed to find out the place of residence of the respondent,
the presiding judge shall order to service the respondent by press (media). Publication in press
shall be deemed as a legitimate service.
(2) Subpoena shall be published in the most widespread republican or local newspaper
when the court considers such measure necessary.
(3) Subpoena shall be published in the newspaper at least 15 days before the date set for
the hearing. In urgent cases, the presiding judge may shorten this term to five days.
(4) If the respondent appears in court and proves that the service through the press was
done maliciously, the plaintiff shall bear all costs associated with the service through the press,
even if he/she wins the process, and all the procedural acts committed after the approval of such
a service shall be canceled.
(5) If the location of the respondent is not known, the court shall proceed to examination of
the case upon expiration of the term for publication of the service.
Article 109. Search for the respondent

(1) If the court does not know the location of the respondent in such actions as lawsuits
brought in the interest of the state, suits for alimony, compensation of damages caused by injury
or other impairment of health or damages caused by death of a person, the court shall be obliged
to declare a search for such a respondent.
(2) If the court does not know the location of the respondent when examining cases other
than those stipulated in paragraph (1), the judge may declare a search for the respondent by
empowered public authorities only after the person interested in such search deposits money in
the amount required for the search.
(3) Search for the respondent shall be performed by police or tax authorities on the basis of
a court ruling.
(4) Costs for tracing of the respondent in accordance with paragraph (1) shall be recovered
from the respondent to the state budget at the request of the police or tax authorities through the
issuance of the writ of execution.
Chapter IX
PROCEDURAL TERMS
Article 110. Procedural term
Procedural term is a term of time established by law or appointed by a court (judge) during
which the court (judge), participants to a process and other persons associated with the activities
of the court must take certain procedural steps or complete set of proceedings.
Article 111. Calculation of procedural terms

(1) Procedural actions shall be performed within the timeframe established by law. In cases
where the procedural terms are not set by law, they are appointed by the court.
(2) Time limits are determined by the calendar date, the date of communication of the
procedural act, the term of time or by indication at an event, which must inevitably occur. In the
latter case, the procedural act may be made throughout the entire term of time.
(3) Running of the procedural term, calculated in years, months or days begins on the next
day after the due calendar date, communication of the procedural act or occurrence of an event or
moment that determines its beginning.
Article 112. Expiration of procedural terms

(1) The term calculated in years shall expire in the relevant month and day of the last year.
Term calculated in months shall expire on the corresponding day of the last month. If the last
month has no corresponding date, the term shall expire on the last day of the month.
(2) If the last day of the procedural term falls on a non-working day, the term expires on
the next working day.
(3) Procedural action for performance of which a term of time is set may be made up to 24
hours of the last day of the term. If the appellate or cassation application, documents or monies
are submitted to the post office or telegraph, or sent by other means of communication until the
24th hour of the last day of the term, the procedural action is deemed to be done on due time.
(4) If the procedural action must be made directly in court or other institution, the term
shall expire on the hour when in court or in such other organization a working day is finished or
business operations are completed.
Article 113. Consequences of failure to complete procedural action on time

(1) The right to perform a procedural act shall terminate with the expiration of the statutory
or appointed by the court (judge) term for such a procedural act.
(2) Applications and documents submitted after expiration of a procedural term, do not
exempt from execution of procedural obligations.
Article 114. Suspension of procedural terms

(1) Running of all procedural terms shall be suspended simultaneously with the suspension
of the proceedings.
(2) From the date of resumption of the proceedings running of the suspended procedural
terms shall resume.
Article 115. Extending procedural terms

At the request of the participants to a process, the court (judge) may extend the procedural
term.
Article 116. Renewal of the missed term
(1) Persons who for good reasons did not perform a procedural act in time may be restored
by the court in the missed procedural term.
(2) Application for restoration of the missed term shall be filed in court in which the
procedural action should have been performed, and shall be examined in a court hearing.
Participants to a process are notified of the place, date and time of the hearing, but their absence
does not preclude examination of the restoration of the term.
(3) Application for restoration of the term shall include evidence showing inability to
perform the action. Simultaneously the relevant procedural action (statement filed, documents
presented, etc.) for which the term passed should be performed.
(4) The decision on restoration of the missed term can be taken only if the party motion
the court not later than 30 days from the date when it knew or should have known about the
termination of the reasons which gave rise for the excess of a term.
(5) The court ruling to refuse restoration of a missed term may be contested in cassation
procedure. Ruling on restoration of the missed term may not be contested in cassation procedure.
Chapter X
EVIDENCE AND PROBATION
Article 117. Evidence

(1) Evidence in civil cases are factual data obtained in accordance with law and serving to
establishing of the presence or absence of circumstances justifying the claims and defenses of the
parties and other circumstances of importance for the proper resolution of the case.
(2) Evidence in a civil case are the factual data established due to explanations of the
parties and other persons interested in the outcome of the case, testimony of witnesses, written
and physical evidence, audio recordings and videos, as well as expert opinions.
(3) Evidence obtained in violation of the law shall not be deemed as evidence and may not
be relied upon by the court in deciding a case.
Article 118. Burden of probation in court

(1) Each party shall prove those facts, which it invokes as a basis of their claims and
defenses, unless the law provides otherwise.
(2) A party who has not performed in full its obligation to prove certain facts, has the right
to submit a motion to the court in which it requires to hear the opposite party on these facts,
unless the application refers to the circumstances that the court considers proven.
(3) The circumstances relevant to the proper resolution of the case shall be finally
determined by the court on the basis of claims and defenses of the parties and other participants
in the process, as well as subject to application of substantive and procedural law.
(4) In the case of non-compliance with the provisions of the law on securing evidence or
loss of original copy of the document the adverse effects of unproven allegations of the factual
circumstances of the case shall be assigned to that party or the other participant in the process,
which could and should have provided before the case for themselves with credible and
undisputed evidence.
(5) The court (judge) is entitled to ask the parties and other participants in the process, if
necessary, to provide additional evidence and prove the facts which are the subject of probation
in order to verify their authenticity.
Article 119. Presentation and vindication of evidence
(1) The evidence shall be collected and presented by the parties and other participants to a
process. If difficulties arise in course of collecting evidence, the court at the request of the parties
and other participants in the process can assist in collecting and presenting the necessary
evidence.
(2) The motion for vindication of evidence must identify the relevant evidence, as well as
indicate what circumstances can be proved or disproved by this evidence, obstacles to obtaining
evidence and the place of its location. If necessary, the court (judge) may issue at the request of a
party or another participant a request for production of evidence. A person who holds the
vindicated evidence shall send it directly to the court or transfer to a person in possession of the
court order, for the purpose of presenting this evidence to the court.
(3) Persons who do not hold the vindicated evidence or are not able to present it to the
court within the prescribed term shall be obliged to inform the court thereof within five days of
receipt of the respective court order and state the reasons for not providing this evidence. In the
case of failure to duly inform the court, as well as in case of consideration by the court of request
to submit evidence as being ungrounded the guilty persons not involved in the process, shall be
subject to a fine of up to 10 conventional units. Imposition of a penalty does not relieve the
persons holding the vindicated evidence from the obligation to present it to the court.
[Paragraphs (4) and (5) of Article 119 shall be considered as paragraphs (2) and (3) pursuant to Law No
244 of 21.07.2006, effective as of 17.11.2006]
Article 120. Inspection and examination of written and material evidence at place of
their storage or location
(1) The court may make an inspection and study written and physical evidence at the place
of their storage or location in case of impossibility or difficulty of their presentation to the court.
(2) The court (judge) shall pass a ruling on the place, date and time of examination of the
evidence at the site and shall notify the persons interested in the outcome of the process; however
their absence shall not preclude production of inspection and examination of evidence. If
necessary, witnesses, interpreters, specialists or experts can be serviced to appear at the place of
the inspection or examination. Specialists may take measures, take pictures and make audio and
video recordings, make plans, schemes and perform other necessary actions.
(3) Upon inspection and examination of the evidence on the spot a minutes of examination
shall be drawn up.
Article 121. Relevance of evidence

The court shall take into examination and investigation only that evidence that is relevant
to the case, which confirm or refute the findings or cast doubts on the existence or absence of
circumstances relevant to the proper resolution of the case.
Article 122. Admissibility of evidence

(1) The circumstances which by law must be confirmed by certain means of probation may
not be confirmed by any other means of probation.
(2) The admissibility of evidence shall be determined in accordance with the law in force at
the time of their production.
(3) Evidence obtained in violation of the law, such as misrepresentation of a participant in
the process, preparation of the report by an unauthorized person, improper performance of
procedural act, as well as other illegal activities shall be deemed as inadmissible.
(4) Evidence not presented by the participants of the process by the date established by the
judge shall be considered inadmissible except for the cases provided for in Article 204 and
paragraph (1) of Article 372.
Article 123. Grounds for exemption from probation

(1) The facts recognized by the court as generally known, do not need to be proved.
(2) The facts established by a legally effective judgment in a civil case previously
considered by the court of general jurisdiction or a specialized court, shall be obligatory to the
court examining the case, do not need to be proven again and not subject to appeal when
considering another civil case in which the same persons are involved.
(3) The court verdict in a criminal case entered into force is mandatory for the court
examining the case of civil law consequences of actions of a person in respect of whom the
verdict was pronounced only to the extent of the question whether these actions have taken place
and whether they were committed by the said person.
(4) The facts that are presumed by the law as established facts should not be proved by the
person in the benefit of whom the presumption is established. This presumption may be
challenged by the person concerned in accordance with the general rules of probation, unless the
law provides otherwise.
(5) The facts established by an act of the public authority do not have the power to the
court prior to judicial examination and may be challenged in accordance with the present code.
(6) The facts invoked by one of the parties do not need to be proven to the extent that the
other party does not deny them.
Article 124. Deprivation of right to present evidence

(1) The party applying for probation by means of servicing witnesses or production of
examination is obliged within five days after the satisfaction of the motion to deposit in a court
an amount of money set by the court for reimbursement of witnesses’ expenses or payment of
expert services. A party deprived of the right to present evidence can defend itself by denying the
validity of the factual and legal allegations and evidence of the opposing party.
(2) Failure to deposit the required amount for production of an expert examination entails
disqualification of person who has requested such examination of his/her right to present the
respective evidence.
Article 125. Court mandate (rogatory)

(1) In case of the need to collect evidence or service certain judicial acts in a different city,
municipality or district the court examining the case shall mandate, by a court ruling, a
respective district court to make the required procedural steps.
(2) In the ruling of the court on a court mandate the subject matter of the disputed case
shall be indicated, as well as information on the parties, their place of residence or location,
specification of the circumstances to be clarified, and evidence that the court should collect in
course of the court mandate. This court ruling is mandatory for the court to which it is addressed
and should be executed as a priority.
(3) The courts of the Republic of Moldova may entrust production of various procedural
actions to foreign judicial authorities in accordance with the legislation of the Republic of
Moldova and international treaties to which Republic of Moldova is a party.
Article 126. Execution of court mandate (rogatory)

(1) Execution of the court mandate takes place in court hearing in accordance with the
rules provided for by the present code. Participants to a process are notified of the place, date and
time of the hearing, but their absence does not preclude the execution of the rogatory.
(2) Minutes and all evidence collected during execution of the rogatory shall be
immediately forwarded to the court examining the case.
(3) If the participants in a process, witnesses or experts who testified, gave explanations or
opinions to the court which was executing the rogatory, appear in the court examining the case,
they shall give testimony, explanations and conclusions in a general manner.
Article 127. Securing of evidence

(1) Participants in a process interested in preventing the disappearance or the impossibility
of presenting in future of evidence necessary to substantiate their claims, may ask the court to
ensure securing of the evidence. Securing of the evidence shall be made by hearing s witness,
production of examination, on-site inspection and other means.
(2) Securing of evidence prior to initiation of lawsuit in court shall be made by bailiffs,
notaries, officials of diplomatic missions in the Republic of Moldova in respect of the citizens of
the Republic of Moldova in the manner prescribed by the legislation in force, or by judges in
accordance with provisions of Article 1271.
Article 1271. Securing of evidence related to objects of intellectual property

(1) Any person whose right on intellectual property have been violated may apply to the
court both prior to initiation of the judicial proceedings, and in course of a civil process for
ensuring interim measures to preserve evidence subject to protecting the information which is a
trade secret, or ensuring its confidentiality in accordance with applicable legislation, as well as
making a deposit.
(3) Securing of evidence relating to objects of intellectual property shall be carried out in
accordance with the procedure stipulated in Article 129.
(4) Measures to secure evidence prior to bringing an action in court shall be applied by
court to the extent permitted by applicable legislation.
(5) Ruling of the satisfaction of the application for securing of evidence may be appealed
together with the decision on the merits, and the ruling rejecting such an application may be
contested in cassation procedure within five days from the date of issuance – if the participants in
a process were served, or from the date of communication of the court ruling – if the participants
in a process were not served. Submission of the cassation does not suspend the execution of
measures to secure evidence.
Article 1272. Deposit in securing evidence prior to a lawsuit

(1) Deposit shall be made in money into a special current account of a bailiff.
(2) Deposit shall be set at 20 percent of the value of the property security of which is
sought, and in case of objects whose value cannot be estimated, deposit shall be up to MDL
50,000.
(3) If in course of examination of the case the court determines that the damages exceed
the amount of the deposit, the difference not covered by the collateral, shall be deposited by the
plaintiff in accordance with applicable legislation.
(4) Deposit or portion thereof remaining after reimbursement of damages caused to the
respondent shall be returned on the basis of the relevant application after issuance of the a final
judgment in a case in which such deposit was set, and/or after expiration of the term of the
security measure requiring making a deposit.
(5) The deposit shall be returned to the depositor, if within 30 days after the judgment
became final or, depending on the circumstances, after the expiry of the term of the security
provided for in paragraph (4), the empowered person has not filed an application for damages.
The deposit is returned immediately if the interested party expressly stated that he/she did not
intend to recover from the depositor damages caused by the security measure providing for a
deposit.
(6) The court shall pass a court ruling on a request for return of the deposit and shall
service the parties to a process. This ruling may be contested in cassation procedure.
Article 1273. Cancellation of measures to secure evidence

(1) Measures to secure evidence shall be deemed cancelled if the plaintiff within 20
working days does not bring an action in court on infringement of his/her rights.
(2) Measures to secure evidence shall be cancelled on the grounds of an application:
a) if any acts or omissions of the plaintiff have caused damages;
b) if the court determines that no violation or attempted violation of any intellectual
property rights existed;
c) according to the judgment of the court;
d) in other cases provided by law.
(3) Upon expiration of the term specified in paragraph (1), the missed term may not be
restored.
Article 128. Application for securing of evidence

(1) The application for securing of evidence shall be filed to the court examining the case,
or, as appropriate, to a notary or a bailiff, in the area of activity of which procedural actions to
secure evidence should be performed.
(2) In the application for securing of evidence the following must be indicated – subject-
matter of the case, information about the parties, including their place of residence or location,
evidence which is necessary to secure, facts which would be confirmed by the secured evidence
and the reasons for the applicant's request for securing evidence. Having considered the
application for securing evidence, the court shall issue a court ruling.
(3) A court ruling on refusal to accept the application for securing of evidence may be
contested with cassation within five days from the date of issuance – if the participants in a
process were serviced or from the date of notification of a judgment - if the participants in a
process were not serviced. Ruling made in course of examination of a case can only be appealed
together with the decision on the merits.
Article 129. Procedure for securing of evidence
(1) Securing of evidence shall be made by a judge under the rules established by the
present code for their examination. The person concerned and other participants in a process
shall be informed about the place, date and time of securing of evidence, but their absence does
not preclude from taking the measures to secure the evidence. When there is a threat of delay, the
court shall consider the application for securing of evidence immediately, without summoning
the parties. In this case, the court ruling for securing of evidence shall be communicated to the
parties and other interested persons.
(2) Ruling, records and all data collected in order to secure the evidence shall be sent to the
court examining the case, notifying the participants.
(3) If securing of evidence took place not in the court examining the matter, the provisions
of Articles 125 and 126 shall apply.
(4) Writs of execution issued by the court, which aim at securing of evidence, shall be
enforced by a bailiff.
Article 130. Evaluation of evidence

(1) The court evaluates the evidence in its inner conviction based on a thorough, complete,
impartial and immediate examination of all available evidence in the case as a whole and in
interconnection, being guided by the law.
(2) No evidence without their evaluation could have a predetermined probative force to
court.
(3) The court shall assess the relevance, admissibility, the reliability of each piece of
evidence separately, as well as their interconnection and sufficiency for resolution of the case in
their entirety.
(4) As a result of evaluation of evidence, the court is obliged to reflect in the judgment the
reasons for which certain evidence was accepted by the court as a means to justify their
conclusions, while other evidence was rejected by the court, as well as the grounds on which
certain evidence has priority over the others.
(5) Evidence shall be considered by court as reliable, if as a result of judicial study and
comparison with other evidence the court has established that the information contained in it is
true.
Article 131. Explanations of the parties and third persons

(1) Explanations of the parties and third persons regarding circumstances known to them
and relevant for the resolution of the case, shall be subject to validation and evaluation along
with other evidence. Explanations can be given orally or in writing. If a party has several co-
participants in the case, the court, based on the circumstances of the case, shall determine
whether there is a need to hear all or only some of them.
(2) The court may deem sufficient for the case those circumstances which were established
based on the explanations of one of the parties, provided the other party withholds relevant
evidence and refuses to presents it at the request of the court.
(3) If the party, who is obliged to prove his /her allegations, withholds the necessary
evidence and refuses to submit them to the court, the court is entitled to substantiate its
conclusions with explanations of the opposing party.
(4) Recognition at the hearing or at the execution of a court mandate by one side of the
facts on which the other party grounds its claims or defenses, releases the latter from the need to
prove these facts. Recognition shall be entered into the record of the hearing. Recognition put in
writing shall be attached to the materials of the case.
(5) Waiver of recognition made in court shall affect such recognition only in case when a
party which has recognized the facts would be able to prove that their communication was not
true, and is a result of an error. Only in this case, the recognition becomes invalid.
(6) If the court has reason to believe that the recognition was made to conceal the real
circumstances of the case or was made under the influence of fraud, violence, threats, or
delusion, it shall not accept such recognition and shall pass a ruling in this respect. In this case,
such circumstances need to be proven on a common basis.
(7) Recognition of the legal action or circumstances, made in a trial examination shall have
power in superior courts as well.
Article 132. Testimony

(1) Any person not interested in the outcome of a case that directly or indirectly become
aware of certain facts relating to the case can be a witness. Depositions of a person who was not
an eye-witness of an event may not be deemed to be a testimony.
(2) A person applying for a service of a witness to the court shall indicate which facts
relevant to the resolution of the case, this witness can confirm, and tell the court the name of the
witness and his/her place of residence.
Article 133. Persons who may not be witnesses in court

May not be serviced into court and questioned as witnesses:
a) persons who pursuant to their young age, physical or mental disability are not able to
perceive facts and to give accurate testimony about them;
b) priests, doctors, attorneys-at-law, bailiffs, notaries and other persons whom the law
requires not to disclose information that has become known to them in performance of their
official duties;
c) Government officials and former government officials – in respect of legally protected
confidential information made known to them in connection with performance of his duties, if
they were not released from their confidentiality obligation in the prescribed manner;
d) persons who pursuant to their professional duties were involved in the preparation,
execution or distribution of periodicals, television or radio programs – in respect of the identity
of the author, artist, drafter of documents or materials, as well as in relation to information
received from them in connection with their operations pursuant to the fact that these materials
and documents were intended for editorial purposes;
e) judges – in respect of matters arising in the conference room in connection with the
discussion of the case in making the decision or sentence.
Article 134. Right of a witness to refuse to testify

The following persons shall have the right to refuse to testify as witnesses in court:
a) a spouse, including divorced, against a spouse, children, including adopted children,
against parents, parents against children, including adopted children;
b) brothers and sisters against each other, grandparents against grandchildren,
grandchildren against grandparents;
c) the bride against the groom, or the groom against the bride, partners against each other;
d) a person whose testimony may cause material or moral harm to the witness or persons
with whom they are in a relationship referred to in paragraphs a), b) and c);
e) persons who can dishonor themselves by their testimony or may create a threat for
themselves or for persons with whom they are in a relationship referred to in paragraphs a), b)
and c) of administrative or criminal prosecution;
f) persons who are unable to testify without having to disclose a professional or
commercial secret;
g) deputies – in relation to information that has become known to them in connection with
performance of parliamentary duties;
h) ombudsmen – in relation to the information that has become known to them in
connection with the exercise of their powers.
Article 135. Witness statement of refusal to testify

(1) A witness who refuses to testify shall declare in writing, setting out the reasons for
refusal, prior to testifying. The court shall notify the parties of the refusal of the witness.
(2) If a witness refuses verbally in court to testify this refusal shall be noted in the records
of the hearing.
(3) If a witness refuses to testify without providing any reasons to refuse or if such reasons
are deemed unreasonable by the court, the witness may be subject to a fine of 10 conventional
units.
Article 136. Obligations and rights of a witness

(1) A person summoned as a witness is required to appear in court at the appointed day and
time and give truthful testimony. A witness who due to illness, old age, disability or other reasons
recognized as valid reasons by the court, is unable to appear when summoned by the court, may
be questioned by the court at the place of his/her residence.
(2) For perjury, refusal or avoidance to testify on grounds not provided for by law, the
witness shall be responsible under the criminal legislation.
(3) In case of absence of a witness in a court hearing for reasons deemed unreasonable by
the court, he/she shall be fined up to five conventional units. In case of repeated absence in a
hearing the court is entitled to order his compulsory bringing to court and repeated fine of up to
10 conventional units.
(4) A witness shall be entitled to reimbursement of costs associated with the subpoena, and
compensation for the diversion from his/her usual occupation, the size of which shall be
determined in the manner prescribed by law.
Article 137. Written evidence

(1) Written evidence are any documents, deeds, agreements, contracts, certificates,
business letters or personal letters, and other materials made in the form of verbal, numeric,
graphic recording, and received by fax, e-mail or other means of communication or other means,
allowing to reveal of the contents of the document containing information relating to the
circumstances relevant to the resolution of the case, and able to confirm their authenticity.
(2) Written evidence shall be verdicts, decisions of courts and other judicial acts, records of
proceedings, court hearing minutes, appendices to the records of proceedings (schemes, projects,
drawings, etc.).
Article 138. Submission of written evidence
(1) Written evidence shall be submitted to the court by the parties and other participants in
a process. At their request, written evidence may be vindicated by the court from the parties and
other participants in the process, as well as from persons not involved in the process.
(2) If written evidence is in the custody of any authority, organization or other person or
agency, the court at the request of a participant in a process disposes of its presentation in the
court within a certain period of time. This requirement does not apply to written evidence, which
can be obtained without the assistance of the court. Preparation and submission of written
evidence shall be made at the expense of the requesting party.
(3) If for the purpose of resolution of the case only part of the document is relevant, the
court is presented with an excerpt from this document certified in the manner prescribed by law.
(4) Written evidence shall be submitted in the original or as a certified in accordance with
the law copy with indication of the place of location of the original. Written evidence shall be
submitted in the original, if in accordance with the law or other normative act the circumstances
of the case must be confirmed only by the original document, or if copies of the document
presented have different contents, as well as in other cases where the court considers it necessary
to present the original.
(5) If an interested party alleges that the original document is hold by opposing party
probation of this shall be performed by making a request that the opposing party shall submit a
document in the original. In case where the other party fails to comply with the ruling of the
court on presentation of the original document a copy of the document provided by the person
concerned, shall be used unless the law provides otherwise. The court assesses probative force of
the certified copy based on its inner convictions.
(6) Copies of the documents presented in court by a participant in a process shall be
handed to those participants in a process who do not have them.
(7) A party which produces a document or other written evidence in order to prove certain
circumstances may waive this means of probation only with the consent of the opposing party.
Article 139. Assessment of the reliability of written evidence

(1) Documents and other instruments issued by authorities and officials within their
jurisdiction and powers are presumed to be accurate. If the court has doubts about their
authenticity, it is entitled to request that the issuing body or person shall certify their authenticity.
Authenticity of documents and other instruments issued by authorities of foreign states shall be
determined in accordance with Article 466.
(2) Upon assessment of documents and other written evidence, the court is required to
ascertain in relation to other evidence, whether the document or other written evidence was
issued by the authority empowered to issue such documents, whether they are signed by a person
authorized to countersign the document, and whether the document is compliant with all other
requirements established for such documents.
(3) In assessing the validity of a copy of a document or other written evidence, the court
shall examine by which technical methods the copy was made, whether such method of copying
can guarantee the identity of copies with original source, and how a copy of the document was
saved.
(4) The court may not consider a fact as being proved which was certified only with a copy
of the document if the original document is lost, and copies of the document submitted by the
parties differ and it is impossible to establish the true content of the original by means of other
evidence.
(5) If one of the parties or other participant in a process intends to discourage the use of a
document or other written evidence in court by destroying it or bringing it in disrepair, the
statements of the interested person about the contents of this document may be considered by the
court as proved.
(6) Evidentiary value of the damaged document or other written evidence (containing
erasures, strikethrough, additions, or others) shall be established by the court at its inner
conviction.
Article 140. Obtaining of handwriting samples for a comparative study of written

documents and signatures on them
(1) The validity of a document or other written evidence can be established by comparing
the handwriting or signature. In this case, the person concerned shall submit to the court
documents or other acts necessary to compare the handwriting or signature or apply for their
preparation with the assistance of the court.
(2) In case of a dispute on reliability of inscriptions or signatures on the document or other
written probation by a person who has signed this document, the court is entitled to obtain
samples of his/her signature or handwriting for a comparative study. The court shall pass a ruling
on the need to obtain samples of handwriting or signature. Refusal to provide samples of
handwriting or signatures may be qualified by the court as acknowledgement by that person of
his/her handwriting or signature.
(3) Samples of handwriting can be obtained by the court with the assistance of a specialist.
(4) If the court was not able to establish the truth after comparing samples of handwriting
or signatures with written evidence, the court shall order performance of comparison by an
expert.
(5) The date, place, conditions and procedures for obtaining of samples of handwriting or
signature shall be drawn up in a minutes, signed by a judge, a person from whom the samples of
handwriting and signature were obtained, and, as appropriate, a specialist.
Article 141. Returning written evidence

(1) Following the entry into force of the court judgment written evidence shall be returned
at the request of the submitting parties and the copies thereof attested by a judge shall be
attached to the materials of the case. Written evidence which has lost its legal force shall not be
returned to the person who submitted the document.
(2) With the consent of the court written evidence may be returned before the entry into
force of a court judgment.
Article 142. Real evidence (exhibits) and their determination

(1) Exhibits are things (items) which by their appearance, characteristics, properties,
changes, location or other characteristics can serve as a means of establishing the circumstances
relevant to the resolution of the case.
(2) Determination of real evidence is a specification of the objects for research purposes
and establishment of the facts to be proved by means of such evidence. The court may order
involvement of specialists and experts to the study of real evidence.
Article 143. Evidence storage
(1) Real evidence (including currency values) is stored in a case or in a storage chamber of
the court under a special inventory. The court shall take measures to preserve objects in the same
state.
(2) Items that cannot be taken to court shall be investigated at their location or any other
location specified by the court, and described in detail in the records drawn up on the spot, and,
where appropriate, photographed and sealed. The records of inspection (minutes) shall be
attached to the materials of the case. The study shall be carried out on site involving participants
in a process, and, if necessary – in presence of witnesses, experts or specialists.
(3) The costs incurred by the parties in connection with the storage of real evidence shall
be allocated between them in accordance with the provisions of Article 94.
Article 144. Inspection and examination of perishable evidence

(1) Real evidence, which is subject to rapid deterioration, shall be immediately inspected
and examined by the judge or by the court at their location, and then returned to the submitting
person or transferred to the organization that can use them according to their purpose. In the
latter case, the items of the same kind and quality or the value thereof may be returned to the
owner of the evidence.
(2) Participants in a process shall be informed about the place, date and time of the
inspection and examination of material evidence, which is subject to rapid deterioration. Absence
of the participants to a process, notified in accordance with the law, does not preclude the
examination and investigation of real evidence.
(3) The results of the inspection and investigation of the perishable evidence shall be
entered in the records of the examination, which is attached to the materials of the case.
Article 145. Distribution of real evidence

(1) Following the entry into force of the court judgment real evidence (including currency
values) shall be returned to the persons who had presented these or transferred to persons for
whom the court has recognized the right to dispose of them, or sold in the manner prescribed by
the court.
(2) Items which by law may not be owned by individuals shall be transferred to the
appropriate legal entities.
(3) In some cases, real evidence after their inspection and investigation by the court may at
the request of the persons from whom they were received be returned to them before the end of
the proceedings, if the satisfaction of such petition will not prevent the resolution of the case.
(4) On issues of distribution of real evidence before making a decision, the court shall issue
a ruling that is not subject to contestation in cassation procedure.
Article 146. Sound and video recordings

(1) A person who presents sound or video recording in electronic or other media, or
requests their vindication, must indicate by whom, when and under what conditions the record
was made.
(2) Sound or video recording obtained in covert manner may not be used as evidence
except when such recording is permitted by law.
Article 147. Storage and return of audio and video recording media
(1) Media for storage of sound and video recordings shall be kept in court under a special
inventory. The court shall take measures to preserve media for storage of sound and video
recordings in the same state. Storage and examination of sound and video recordings shall be
made in accordance with the requirements of Article 143.
(2) After the entry into force of a court decision media for storage of audio or video
recordings may be returned to the person from whom they were obtained. In exceptional cases,
the court in its ruling can return them before the entry into force of a court judgment.
Article 148. Purpose of examination

(1) For the purpose of explanation of the questions arising in course of a and requiring
special knowledge in the field of science, art, technology, crafts and other fields, the court at the
request of one of the parties or the other participant in the process, and in cases prescribed by law
– on its own initiative, shall appoint an expert examination. The acts of control or sector
inspection available in the materials of the case as well as written opinions of a specialist may
not replace an expert examination and do not exclude the need for performance of an expertise
on the same subject.
(2) The court shall issue a court ruling on expert examination, which shall not be subject to
Article 149. Appointment of an expert

(1) A person who is not personally interested in the outcome of the case and registered in
the State Register of certified court experts.
(2) The parties may select by mutual agreement an expert or expert institution, who shall
be appointed by the court for the purpose of performance of an expert examination. In the
absence of consent of the parties, the court appoints an expert or institution entrusted with the
examination.
(3) If the court ruling on expert examination indicates only institution entrusted with the
examination, the head of the institution shall designate an expert and shall inform the court
which has appointed the examination.
(4) Upon appointing of experts for the purpose of performance of complex or collective
expert examination the rules of the present article shall apply.
Article 150. Actions preceding the expert examination

(1) Following the appointment of an expert, the court holds a meeting with the parties and
the expert, during which it should be established to what extent the expert communicates with
the parties and at what stage the parties may be allowed to participate in the expert research, the
parties and the expert are informed of the subject of the expert examination and questions which
should be answered by the expert, explained their right to comments on these questions, request
modification or addition to these questions.
(2) If an expert can express his/her opinion immediately, he/she shall be heard directly in
the hearing, and his/her conclusions are entered into the records of the hearing in accordance
with the requirements of Article 220.
Article 151. Recusation of an expert

(1) The expert may be challenged on the grounds provided for in Article 51. Grounds for
removal must be proven.
(2) A motion on recusation of an expert shall be filed to the court, appointed an expert, not
later than five days after notice of the appointment of an expert, if the reasons for refusal exist on
that date. In other cases, the term begins to run from the date of the grounds for the recusation.
Upon expiration of the term recusation is possible in cases where the person concerned proves
that it had no time to file a recusation for the grounded reasons.
(3) The recusation shall be considered at the hearing with involvement of the participants
in a process and an expert.
(4) The court ruling which allowed the recusation of an expert shall not be subject to
Article 152. Rights of the parties and other participants upon appointment and
performance of an expert examination
(1) The parties and other participants in the process may request appointment of an expert
from a specified number of individuals or specialized agencies.
(2) The parties and other participants in the process have the right to formulate and submit
court questions addressed to the expert, however, only the court finally determines the range of
issues on which the expert has to say. The court is obliged to justify rejection of the questions to
the expert proposed by the parties and other participants to a process.
(3) The parties and other participants in the process have the right to get acquainted with
the ruling of the court on the appointment of expert examination, propose entering in the court
ruling of certain questions for the expert examination, declare recusation to the expert, to
participate in the research of the expert, to familiarize oneself with the expert opinion, apply to
the court for appointing of a repeated, additional, collective or complex examination.
(4) Failure of the parties duly notified in accordance with the law, to appear during the
performance of the expert examination, if their presence is not required, does not entail the
invalidity of the conclusions of an expert.
Article 153. Content of the ruling on appointment of an expert examination

(1) In a ruling of the court to appoint expert examination the following shall be included:
the name of the court that appointed the examination, the date of the examination and the name
or names of the parties, the present case, the name of the examination, the facts for the purpose
of clarification of which the expert examination is made, questions posed to the expert, name of
an expert or name of the institution entrusted with the examination; materials sent for
examination, other information regarding the examination, the term during which the
examination should be carried out and the expert conclusion made, other information required by
law.
(2) The court ruling shall also state that the expert was warned by the court or by the head
of the expert institution (if the expert was appointed by a head of the institution) on criminal
liability for knowingly giving false conclusions.
Article 154. Rights and obligations of an expert

(1) The expert may have access to the files relating to the subject-matter of the expert
examination, motion the court to grant him/her additional materials necessary to form an
opinion, participate in the hearing and with the permission of the court ask participants in a
process questions regarding the subject-matter of the expert examination; get acquainted with the
corresponding part of the court records and make comments on the full and proper fixation of his
actions and explanations; include in his/her opinion the circumstances relevant for the resolution
of the case, if these were revealed on its own initiative during the examination, give opinions and
explanations in his/her native language or another language, use an interpreter; contest the court
actions infringing on his right to perform examination; refuse to give opinions on matters beyond
the scope of his expertise, as well as in the case of failure to provide necessary materials to
him/her; receive reimbursement of the expenses incurred during the examination and the fee for
the work, if such examination does not fall into the scope of his/her professional official duties
in a public institution.
(2) The expert is entitled to consult with the parties on matters relating to the examination
to the extent permitted by the court, not to conduct research that may fully or partially destroy
the object of the study or change its qualities or properties, if this was not permitted by the court
which has ordered appointment of the expert examination.
(3) For provision of the knowingly false conclusion an expert shall be liable under criminal
legislation. In the case of the examination made by an expert institution, the liability for
correctness of the expert conclusions shall be incurred by an expert or experts appointed by the
head of expert institution.
(31) An expert shall not disclose the circumstances of the case and the information which
became known to him/her as a result of the examination or his/her participation in a closed court
hearing, including the circumstances and information affecting privacy and family life, as well as
constituting a state, official, commercial or other secret protected by law.
(4) An expert shall appear in court to give explanations when necessary. In the event of
non-appearance of the expert without justifiable reasons, modification of the expert opinion
given in court as compared to the opinion given in writing, refusal to perform an examination if
he is obliged to do, or failure to present the materials of the case or other materials used, the
expenses incurred by interested parties shall be borne by such expert. At the same time, he may
be subjected to a fine of 15 conventional units. In case of failure to perform his/her duties
repeated sanctions may be imposed.
Article 155. Examination procedure

(1) The examination is conducted by persons designated in accordance with the provisions
of Article 149. Examination may be entrusted to several experts.
(2) The examination is conducted in the premises of the court or outside, depending on the
nature of the research or when delivery of the object of research in the court is difficult or
impossible. The parties and other participants in the process may be present during the
examination, except for the cases when their presence during the examination is not mandatory
or may interfere with the work of the experts.
(3) In case of examination on site service of the interested parties and other participants in
a process shall be mandatorily required. Participants in a process who are present at the place of
examination are required to provide the expert with all the necessary explanations related to the
subject-matter of the examination.
Article 156. Collective examination

(1) Collective examination is the examination in which sophisticated research is conducted
by several experts of the same or different specialties.
(2) If the expert panel consists of experts from one specialty, they collectively assess the
results of research and came to a consensus, making a single conclusion. In case where one or
more experts have a separate opinion about the subject of the study, they shall present their views
separately in a justified manner.
(3) If the panel consists of experts from various disciplines, the rules of complex
examination shall be applicable in course of the examination.
(4) Ruling of the court on a collective examination is mandatory for the designated experts,
as well as for the head of the expert institution, if the ruling indicated only expert institution.
(5) If, based on the submitted materials and considering the complexity of the research to
be done, the appointed expert or the head of the expert institution considers that a complex
examination should be conducted he/she enters a proposal to the court on appointment of the
complex examination.
Article 157. Complex examination

(1) Complex examination shall be conducted by several experts and is assigned when
establishment of the circumstances relevant to resolution of the case requires the use of
information from the various branches of knowledge or the use of evidence from different areas
of one branch.
(2) Based on the results of the research the experts shall constitute a common opinion.
(3) Experts, who did not participate in the drafting of a common opinion or disagree with
such, shall sign only that part of the opinion, which contains the results of their own research.
Article 158. Expert opinion

(1) The expert opinion is made in writing.
(2) The expert opinion shall be given to the court not later than five days before the date of
hearing.
(3) Opinion of the expert shall contain a detailed description of the studies, conclusions
made on their basis, and answers to the questions posed by the court. If the expert during the
examination will establish existence of circumstances relevant to resolution of the case in respect
of which he/she was not questioned, he/she has the right to include the conclusions related to
these circumstances in its opinion.
(4) The expert opinion shall be studied at the court hearing and evaluated along with other
evidence.
(5) The parties and other participants in the process shall have the right to raise objections
to the expert opinion and other matters relating to the expert opinion.
(6) The expert opinion is not binding for the court and shall be assessed in accordance with
Article 130; however rejection of the expert opinion must be justified.
Article 159. Additional and repeated examination

(1) In the case of lack of clarity or incompleteness of the expert opinion, which cannot be
remedied by hearing of the expert in court as well as in the event of new questions about the
circumstances discussed later, the court at the request of the parties, and in cases stipulated by the
present code – on its own initiative, may appoint additional examination, instructing its
performance to the same or a different expert, in accordance with Article 148.
(2) In case of disagreement with the expert opinion due to the unreasonable character
thereof or existence of doubts as to its correctness, in case of conflicting opinions of several
experts, which conflict may not be corrected in course of hearing of an expert, or in case of
procedural violations during the examination, the court may appoint a re-examination.
(3) Re-examination is entrusted to the expert commission. Experts, who conducted the
initial examination, may not conduct the researches but are entitled to give explanations to the
commission.
(4) In a ruling of a court for an additional or repeated examination the reasons for rejection
of the initial expert opinion or, as appropriate, the reasons for appointment of additional or
repeated examination should be indicated.
(5) Upon appointment of an additional or repeated examination the expert(s) must be
provided with the initial expert opinion.
Article 160. Refusal of the expert to give an opinion

(1) If the expert is firmly convinced that the questions posed to him/her cannot be resolved
on the basis of his/her expert knowledge, or materials provided are not sufficient for research and
making conclusions, the expert shall refuse undertaking the examination in writing stating the
reasons for such refusal. Simultaneously, the expert shall return to the court all the materials
provided to him/her for examination.
(2) If the examination was entrusted to the official institution of legal experts the powers
stipulated in paragraph (1) shall be exercised by the head of such institution.
Chapter XI
COURT FINES
Article 161. Court fines

(1) Court fines shall be imposed by the court on those who have committed procedural
violations in the cases and in the amounts set forth in the present code. When imposing sanctions
the violation shall be established. Minors under 16 years old at the date of a procedural violation
may not be fined.
(2) The fine is set in conventional units. One conventional unit of a penalty is equal to
MDL 20.
(3) Court fines imposed by the court on officials of public authorities, other authorities and
organizations shall be paid by such persons, regardless of participation or non-participation in the
respective case of the authority or organization in which the sanctioned individuals perform their
duties.
Article 162. Refunds

Article 163. Examination of issues related to imposition of a fine

(1) The fine may be established by an enforceable court ruling both in a court meeting, in
which the action is being examined during which procedural violations were committed, and in a
separate session with notification of the interested persons, non-appearance of whom does not
preclude from the imposition of sanctions on the infringers.
(2) When considering the imposition of fines in the absence of the guilty persons, the
persons who were subject to sanctions shall be notified by a court ruling.
Article 164. Renunciation or reduction of a fine

(1) A person on who by a court ruling a fine was imposed may apply to the same court an
application for review of the ruling with the aim of renunciation of a fine or reduction of its
amount.
(2) The application shall be submitted within 15 days from the date of the ruling on the
imposition of sanctions or the date of its communication.
(3) The application shall be considered at the hearing with a service made to the
participants in a process, but their absence does not preclude from examination of the
application. The court shall issues a ruling as a result of the review of the application in the
deliberation room; such ruling may be contested in cassation procedure.
Article 165. Deferral and installment execution of a court ruling

The court that issued the ruling to impose a fine, based on the application of the interested
persons, may defer execution of this sanction or allow payment in installments for up to two
months.
TITLE II
CIVIL PROCEEDINGS AT THE TRIAL STAGE
A. ACTION PROCEEDINGS
Chapter XII
COMMENCEMENT OF ACTION
Article 166. Form and content of the statement of action

(1) Any person claiming their right against another person or interested in establishing the
presence or absence of the right of law, shall submit a statement of action to the competent court.
(2) The statement of action shall contain:
a) the name of the court in which the application is submitted;
b) the name of the plaintiff, his place of residence or location, and if the plaintiff is a legal
person – his bank details, tax code and the name and address of the representative, if the
application is filed by a representative;
b1) the telephone number, fax number, email address or other contact information of the
plaintiff;
a) the name of the respondent, his place of residence/domicile or place of location;
c1) the telephone number, fax number, email address or other contact information of the
respondent if the plaintiff has such information;
c2) the name, address, telephone number, fax number, email address or other contact
information of the plaintiff’s representative;
d) description of the violation or threatened violation of the rights, freedoms or legitimate
interests of the plaintiff and his claims;
e) the factual and legal circumstances on which the plaintiff bases his claims and the
evidence available to the plaintiff at the time of application;
f) the plaintiff's claims against the respondent;
g) amount of the claims if the claims are to be evaluated;
h) information on compliance with pre-trial settlement of disputes, if such procedure is
established by the law for such disputes or by agreement between the parties;
i) a list of documents attached to the application.
(3) The statement of action may also contain other information relevant for the resolution
of the case, as well as motions of the plaintiff.
(4) The plaintiff is entitled to formulate in one lawsuit several claims interconnected based
on common grounds or shared evidence.
(5) The statement of action shall be signed by the plaintiff or his representative authorized
in the prescribed manner.
(6) The statement of action or application for a certain type of contestation (appeal) shall
be valid, even if it is incorrectly named.
(7) The statement of action of the plaintiff, represented in court by a representative, shall
be filed in a printed form.
Article 167. Documents attached to statement of action

(1) The statement of action shall include as attachments:
a) copies of statements of case and written evidence, certified in the prescribed manner, in
the number of respondents and third parties involved in the case, if they do not these, and a
number of copies for the court. If written evidence is made in a foreign language, the court may
order production of them in translations in accordance with the law;
b) documents confirming payment of the state duty;
c) documents proving the facts on which the plaintiff bases his claim, copies of these
documents for respondents and third parties, if they do not have these;
d) proof of compliance with pre-trial settlement of disputes, if such procedure is
established by law or agreement between the parties;
e) a document certifying the representative's authority.
(2) The plaintiff may attach to the statement of action any other documents and motions.
Article 168. Acceptance and distribution of statement of action

(1) A statement of action submitted to the court shall be distributed within 24 hours
randomly through the Integrated Programme for case management to a judge or, as appropriate,
to the panel of judges.
(2) The judge which accepted the statement of action, checks whether it is complaint with
statutory requirements. In case of discrepancy of the statement of action with statutory
requirements, the provisions of paragraph (1) of Article 171 shall apply.
(3) In the manner prescribed by law the judge may approve in its ruling taking of interim
measures securing his claims and measures to preserve the evidence.
(4) The judge issues a court ruling, which not subject to contestation in cassation
procedure, on accepting the statement of action within five days from the date of its distribution,
unless otherwise is provided by law.
Article 169. Refusal to accept statement of action

(1) A judge refuses to accept the statement of action if:
a) the application is not subject to a judicial examination in civil proceedings;
b) there exists a court judgment entered into legal force rendered in a dispute between the
same parties on the same subject and on the same grounds, or ruling of the court on the
termination of the proceedings in connection with the refusal of the plaintiff from the action
(nolle prosequi) or approval of a settlement agreement between the parties;
c) a statement of action is filed by an authority, organization or person for protection of the
rights, freedoms and legitimate interests of another person without having a right to do so
granted by the present code or other law;
d) there exists a binding decision of an arbitration tribunal on a dispute between the same
parties, on the same subject-matter and on the same grounds, except for the cases when a court
refused to issue a writ of execution to enforce the arbitral award or reversed the decision of the
arbitral tribunal;
e) lack of capacity of the plaintiff and / or respondent, except as provided in paragraph (2)
of Article 59.
(2) In deciding on the refusal to accept the statement of action, the judge shall make a
reasoned ruling within five days from the date of distribution and hands (forwards) it to the
applicant along with the application and all the documents accompanying the application. Ruling
may be contested in cassation procedure.
(3) Refusal of the judge to accept the statement of action of the applicant excludes the
possibility of a repeated application to the court with the same claim against the same
respondent, on the same subject and on the same grounds.
Article 170. Return of the statement of action

(1) A judge returns a statement of action if:
a) the plaintiff has not complied with a pretrial procedure of dispute resolution provided for
by the law for this category of cases or agreed by the parties;
b) it is not within the jurisdiction of this court;
c) the application is filed by a legally incapable person;
d) the husband without the consent of his wife sued for divorce during her pregnancy or
within a year after the birth of the child;
e) The application is not signed or signed by a person not authorized to sign it, or without
specifying the position of the applicant;
f) a statement on behalf of the interested person is filed by a person not authorized to
initiate and conduct legal proceedings;
g) a case on a dispute between the same parties, on the same subject and on the same
grounds; is being examined by the same or different court;
[Letter h) repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
i) the plaintiff withdraws the application before a court passes a ruling to initiate the legal
proceedings.
(2) The judge shall issue a reasoned court ruling on return of the statement of action, which
shall indicate in which court should the plaintiff apply to if the case is not in the jurisdiction of
this court, or how to remove the obstacles preventing the initiation of the lawsuit.
(3) The court ruling on return of the statement of action must be made within five days
from the date of its distribution to the judge and shall be handed over (sent) to the plaintiff along
with his/her application and all documents accompanying the application.
(4) Return of the application does not preclude the plaintiff to file repeatedly in court the
statement of action against the same respondent, on the same subject-matter and on the same
grounds, provided all the irregularities have been repaired by the plaintiff.
(5) Ruling of the court on return of the application on the basis of letters a), b), c) and g) of
paragraph (1) may be contested in cassation procedure.
Article 171. Leaving statement of action without movement

(1) A judge, having found that the application has been submitted to the court without
complying with the requirements set out in Article 166 and letters a), b), c) and e) of paragraph
(1) of Article 167, within five days after passing a ruling on leaving the statement of action
without movement, notifies the applicant on the committed irregularities and gives him/her a
reasonable time to correct the deficiencies.
(2) If the applicant fulfills the judge's instructions within the prescribed term, as listed in
the court ruling, the application is considered filed on the day of its initial submission to the
court. Otherwise, the statement of action shall not be deemed to be filed and shall be returned to
the applicant with all the attached documents; to that purpose a court ruling being passed by the
judge which shall be subject to a contestation in cassation procedure.
Article 172. Filing a counter action

(1) The respondent has the right prior to commencement of the trial oppose the plaintiff
with a counter action to be examined together with the initial statement of action. Counter action
if filed in accordance with subparagraph b) of paragraph (1) of Article 173, may be brought up
until the end of the examination of the case on the merits.
(2) Filing a counter action shall be made in compliance with the general rules for filing a
statement of action.
Article 173. Conditions of acceptance of counter action

(1) The judge accepts a counter action, if:
a) counterclaim seeks to recover the initial claims;
b) satisfaction of the counterclaim shall exclude in whole or partially satisfaction of the
initial claim;
c) there is a mutual interconnection between the counterclaim and the initial claims and
their simultaneous examination will lead to more rapid and proper resolution of a dispute.
[Letter d) repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
(2) If in cases referred to in letters a) and c) of paragraph (1), the court finds that only the
principal statement of action may be considered, the court shall consider it separately.
Chapter XIII
SECURING OF AN ACTION
Article 174. Grounds for securing of an action

Upon request (application) of the participants in a civil process, the judge or the court may
take action to secure the claims. Securing of an action is allowed at any stage of the process until
the stage on which the judgment becomes final, unless failure to secure the claim can make
execution of the judgment impossible.
Article 175. Interim measures for securing a claim

(1) In order to securing a claim the judge or the court may:
a) seize the property or sums of money belonging to the respondent, including those in
possession of other persons;
b) prohibit the respondent to perform certain actions;
c) prohibit other persons to perform certain actions with respect to the subject-matter of a
dispute, including transfer of property to the respondent or to perform other obligations to his/her
benefit;
d) suspend the sale of the property that has been seized in the case of an action for the
release of property from seizure (exclusion from the inventory);
e) suspend collection under the executive document, contested by the debtor in court.
(2) If necessary, the judge or the court may take other measures to secure the action which
meet the objectives specified in Article 174. Several measures to secure an action may be
undertaken simultaneously, provided that the total value of the property on which the arrest is
made, shall not exceed the amount of the claim.
(3) In case of violation of the prohibitions referred to in letters b) and c) of paragraph (1)
the infringers shall be imposed with a fine of 10 to 20 conventional units. In addition to that the
plaintiff may claim compensation by the offenders of damages caused by failure to comply with
the court ruling on securing of the action.
Article 176. Procedure of seizure of assets

(1) The seizure of the assets of the organization or individual who has the status of an
entrepreneur, while securing of an action is performed in the following order:
a) in the first place – on the property which is not directly involved in the production:
securities, monies (in local and foreign currencies, including cash), passenger vehicles, objects of
design in the offices and other property;
b) in the second place – on for finished products (goods) and other tangible assets that are
not directly involved and not intended for direct use in manufacture;
c) in the third place – on immovable property, as well as raw materials, machinery, tools,
equipment, other fixed assets intended for direct use in manufacture;
d) n the fourth stage – on the assets transferred to other persons.
(2) Seizure of property is carried out within the amount of financial claims.
(3) Depending on the measures taken to secure the claim the judge or the court, if
necessary, shall notify the body registering such property and rights in such property.
Article 177. Content and procedure for resolution of request for interim measures
(1) An application on securing of an action shall state the reasons and circumstances
pursuant to which the securing of an action is sought.
(2) The application on securing of an action shall be resolved by a judge or court
examining the matter within one day after its filing, without serving a notification on the
respondent and other participants in the process. If the application on securing of an action shall
be filed simultaneously with a statement of action, it shall be resolved on a day of passing a
ruling on acceptance of the statement of action, without serving a notification on the respondent
and other participants in the process.
(3) The judge or the court issues a ruling on granting or refusing securing of an action.
Article 178. Execution of a court ruling for interim measures

(1) The court ruling on securing of an action is to be executed immediately in the manner
prescribed for the execution of judicial acts.
(2) Based on the court ruling on securing of an action judge or the court shall issue a writ
of execution to the plaintiff and a copy of the respective ruling to the respondent.
Article 179. Replacing one type of security with the other

(1) Further to an application of the participants in a process the court allows to replace one
type of security with another.
(2) The question of replacing one type of security shall be resolved in a court hearing.
Participants to a process are notified of the place, date and time of the hearing, but their absence
does not preclude from the examination.
(3) Upon securing of the claim for recovery of a sum of money the respondent is entitled to
replace the adopted by the court security measures with deposition onto the account of the court
of a sum of money claimed by the plaintiff.
Article 180. Cancellation of measures for securing of an action

(1) Previously adopted measures for securing of a claim may be cancelled by a judge or the
court which had ordered such measures, on its own initiative or at the request of the respondent,
or by a judge or the court which is examining the case.
(2) The removal of earlier measures to secure the claim shall be resolved in a court hearing.
Participants to a process are notified of the place, date and time of the hearing, but their repeated
failure to appear shall not prevent examination.
(3) In case of rejection (dismissal) of a lawsuit the security measures previously adopted
shall be retained until the judgment becomes final. When the lawsuit is satisfied the security
measures previously adopted shall be retained until the execution of a judgment.
(4) The judge or the court, if necessary, shall notify the body registering such property and
rights in such property on the cancellation of the measures taken to secure the claim.
Article 181. Contestation of rulings on securing of an action

(1) All court rulings for securing of an action may be contested in cassation procedure.
(2) If the court ruling on securing a claim was made without notice to the person who filed
the cassation, the term for filing of a cassation complaint shall be calculated from the date when
the person concerned has learned about that ruling.
(3) The filing of the cassation on the ruling to secure a claim does not suspend execution of
the court ruling. Cassation complaint on the ruling cancelling measures securing an action or
replacement of one type of security with another shall suspend the execution of the court ruling.
Article 182. Compensation to the respondent of damages caused by securing measures

(1) A judge or the court, allowing securing of the claim, may require the plaintiff to provide
security for the respondent's potential damages.
(11) In case of the plaintiff’s failure to provide the security within a court term the court
rules on cancellation of measures to secure the claim, which ruling shall be subject to immediate
execution.
(2) After entry into force of the judgment by which the action was rejected, respondent
shall be entitled to bring a lawsuit against the plaintiff for damages caused to the former by the
measures to secure the claim admitted at the request of the plaintiff, regardless of the guilt of the
plaintiff.
(3) The person who provided the security, shall have the right to demand return of the
security, if the party considering itself aggrieved by measures to secure the claim has not filed a
claim for damages in a term not exceeding two months from the date when the court judgment
resolving the case on the merits or the ruling of the court on the termination of proceedings or
abandonment of the application without examination have entered into force.
Chapter XIV
PREPARATION OF THE CASE FOR EXAMINATION
Article 183. Objectives of preparing the case for examination

(1) Following the acceptance of the statement of action the judge shall start preparing the
case for the trial in order to ensure its correct and timely resolution.
(2) Preparing for trial is mandatory for each civil case and is designed to:
a) determination of the law, which should be guided, and the establishment of relations of
the parties;
b) determination of the circumstances relevant to the proper resolution of the case;
c) determination of the participants in a process and invitation to the process of other
persons;
d) provision of required evidence.
Article 184. Ruling on preparing the case for examination

Ruling on preparing the case for examination is made by the judge without notification of
the participants in a process in five days of the acceptance of the statement of action for
examination and shall specify the actions that should be made to prepare the case, and the timing
of their execution.
Article 185. The judge's actions in preparing the case for examination
(1) In preparing the case for examination the judge shall perform the following:
a) decides whether to ensure intervention of co-plaintiffs, co-respondents and third parties;
b) dispatches to a respondent and, as appropriate, a third party a copy of statement of claim
or written evidence attached thereto in support of plaintiff's claims, and sets the term by which
the respondent and the third party must submit the response in writing to the claim of the plaintiff
and all the necessary evidence;
c) dispatches to the plaintiff and, where applicable, to third party copies of respondents
response and written evidence attached to it, and sets the term by which all additional evidence
should be presented;
d) endeavors to reconcile the parties;
e) explains to the parties their right to seek resolution of the dispute in arbitration and the
consequences of such actions;
f) decides whether to service witnesses at the hearing or questioning them at their location
under paragraph (1) of Article 136;
g) at the request (motion) of participants in a process demands the necessary evidence from
the organizations and individuals;
h) at the request of the parties or as provided by law appoints expert examination on its
own initiative;
i) resolves the issue of bringing in court a specialist or interpreter;
j) in cases of urgency, at the request of a party, makes on-site inspection of written and
material evidence with due notifying participants in a process;
k) directs the court mandates (rogatory);
l) resolves on measures for securing of an action (claim);
m) performs other legal procedural acts.
(2) If necessary to clarify certain aspects related to the preparation of the case for the
examination, the judge may decide to convene the parties to the meeting.
Article 186. Presentation of evidence and respondent response to an action

(1) In preparing the case for examination judge shall set the term by which the respondent
must submit to the court the respondent’s response to the claim and all the necessary evidence.
(2) Submission of the respondent’s response to the plaintiff's claims is mandatory. In case
of failure to present the respondent’s response within the prescribed term the court case shall be
examined on the basis of the existing materials.
(3) Respondent’s response shall contain the name of the court, in which it is filed, the name
of the plaintiff and its claims, the answers to the factual claims of the action and the evidence
presented against each claim, other information relevant to the resolution of the case and the
respondent's application. If there exist several respondents the responses may be presented by
them individually, in any combination thereof, or one common response from all of them.
Respondent’s response shall be accompanied with its copies in a number of plaintiffs and third
parties involve in the process, as well as the appropriate number of certified copies of written
evidence and other documents that justify the respondent’s response for the court.
(4) The judge shall explain to the respondent that the failure to present the evidence or the
respondent’s response by a due date does not preclude the examination of the case on the basis of
the existing materials of the case.
Article 187. Combination of several claims

(1) A judge, finding that there are several cases involving the same parties, or several cases
relating to claims of one plaintiff to different respondents, or several plaintiffs against one and
the same respondent in the dockets of the said court and that these cases are interconnected by
common grounds or shared evidence, may combine these cases in one examination, if it
considers that such merger will lead to a more expedient and proper resolution of disputes, and
if possible, to the usage of the same procedures for resolving cases.
(2) The provisions of this article shall apply only to legal proceedings at the stage of trial
examination (court of first level).
Article 188. Separation into several claims

(1) A judge who accepted a statement of action shall be entitled to separate into a separate
examination one or several of the claims combined by the plaintiff or plaintiffs, if it believes that
their separate examination will be more appropriate.
(2) Upon presentation of claims by several plaintiffs or several respondents the judge may
designate one or more claims in separate proceedings if it considers that the separate examination
of the requirements will be more appropriate.
(3) The provisions of this article shall apply only to legal proceedings at the stage of trial
examination (court of first level).
Article 189. Suspension or termination of the proceedings, leaving the application

without examination in course of preparing the case for trial
Article 190. Setting of a term for examination of the case

(1) A judge, finding that the case is sufficiently prepared for trial, shall issue a ruling
setting the term for a court hearing, notify the parties and other participants in a process about the
place, date and time of the hearing.
(2) The term for proceedings shall be set in such a way that after the receipt of a summons
the respondent could have not less than 15 days to prepare defense, but in urgent cases – not less
than five days. When the parties declare that they are ready to examine the merits of the case, the
court may order examination of the case on the first date of appearance of the parties in court.
(3) Court hearings may be set on weekends or holidays only in cases of urgency, with the
permission of the presiding judge (chairman of the court).
Article 191. Changing the term of the proceedings

(1) The term set for the court hearing may be changed at the request of the parties for good
cause, such as:
a) inability of the parties to appear at the hearing to the scheduled date due to
circumstances beyond their control;
b) request of both parties to adjourn the hearing in order to clarify their position on a
settlement agreement.
(2) The appointment of a new date for the court hearing shall be resolved by the judge or
panel of judges in charge of the case without a trial provided the evidence justifying adjournment
of the meeting was obtained.
(3) Ruling on the adjournment of the trial shall be motivated and can be appealed together
with the decision on the merits.
Chapter XV
TRIAL
Article 192. Terms of civil proceedings

(1) Civil cases shall be examined at the trial stage (court of first level) within a reasonable
time. Criteria for reasonable time shall be complexity of the case, behavior of the participants in
the process, behavior of the court and the relevant authorities, as well as the importance of the
process to the person concerned. Maintaining of a reasonable term in the proceedings shall be
ensured by the court.
(11) If in the course of examination of a particular case there exists a treat of infringement
of a reasonable term, participants in the process may apply to the court examining the case on the
merits, with an application for the acceleration of the proceedings. Examination of the
application is carried out in the absence of the parties within 5 working days by a judge or panel
of judges, other than the one who examines the case.
(12) The court shall pass a motivated ruling on the application specified in paragraph (1 1),
whereby obliging the court examining the case on the merits, to perform certain procedural
actions by setting, if necessary, of a certain term for the purpose of accelerating the process or
rejects the application. Such ruling shall not be appealable.
(2) Cases for payment of alimony, protection of the rights and interests of minors, for
damages caused by injury or other impairment of health or damages caused by a person’s death,
cases on labor disputes or cases on challenging regulations, decisions, acts or omissions of public
authorities and other agencies and organizations, officials and civil servants shall be examined on
urgent and priority basis.
(3) The law may provide for a shorter term for examination of certain categories of civil
cases.
Article 193. Judicial meeting

(1) Civil cases are heard at the judicial meeting with mandatory notification of participants
in a process about the place, date and time of the meeting.
(2) The chairman of the meeting shall order the hanging out in the court in the open access
of a list of cases assigned for examination, no later than three days before the appointed time of
the case, specifying the case number, the name of the judge (judges) who shall examine the case,
date, hour and place of the meeting, the names of the parties, subject-matter of a civil case, stage
of a process, as well as other information on the open character of a court meeting.
Article 194. Presiding judge

(1) The judge hearing the case alone performs the duties of the presiding judge at the
hearing. In a panel examination of the cases the functions of the presiding judge at the hearing
takes the chairman of the court, deputy chairman or one of the judges.
(2) The presiding judge directs the civil process, makes arrangements for a full and
complete examination of the evidence and circumstances of the case, clarifies the rights and
obligations of the parties, and eliminates from the proceedings all issues that are irrelevant to the
case. Objections of any of the participants in the action against the presiding judge shall be
entered in the court records. Presiding judge give explanations about their actions. In a panel
examination of the case the issue is solved by the entire panel of judges.
(3) The presiding judge shall take measures to ensure the proper order at the hearing, and
his orders are binding to the participants in the process and for all those present in the courtroom.
Article 195. Order in court

(1) At the entrance of judges to the courtroom and their departure to the deliberation room
all present at the meeting shall rise. Persons present in the courtroom, including judges, shall
listen to the court judgment of the court or ruling of the court by which the examination
terminates without passing a judgment in standing.
(2) Participants in the process, witnesses, experts, specialists, interpreters shall address the
judges with the words "Your Honor" and give testimony and explanations in standing.
Exceptions from this rule may be allowed only with the permission of the presiding judge.
(3) A court hearing takes place under conditions ensuring normal operation of the court and
the safety of trial participants.
(4) Members of the process, all present in the courtroom must comply with the procedure
established for examination of cases.
Article 196. Measures applied to infringers of order at a court meeting

(1) A person who infringes the rules of the court shall be given a warning by the presiding
judge on behalf of a court.
(2) In case of repeated infringement of the order participants in the process or their
representative who had been warned can be removed from the courtroom, by a court ruling, for
the duration of the trial or a portion of it. In the latter case, the presiding judge shall inform the
person re-admitted to the courtroom, of the procedural acts committed in his/her absence.
(3) For repeated violation of the order at the court hearing the persons present during the
trial shall be removed from the courtroom on the order of the presiding judge. The court also has
the right to impose on those who violate the rules of court, a fine of up to 10 conventional units.
(4) If in the actions of a person who violates the order in the courtroom, there is evidence
of a crime, the court shall send the relevant materials to the competent public prosecutor for
starting criminal prosecution.
(5) In case of violation of the order at the hearing by attorney or prosecutor, the court shall
notify this fact to the superior prosecutor or the governing body of attorneys.
(6) In the event of mass violations of the order at the court hearing, the court may remove
all the persons not involved in the case from the courtroom, and consider the case in a closed
court hearing or adjourn the proceedings.
(7) In the case of adjournment of the proceedings for failure to comply with the measures
taken by the court to ensure order and solemnity in the court, at the request of an interested party
the infringers may be obliged to pay compensation for damages caused by the adjournment of
the proceedings, in addition to imposing a fine for the same act.
Article 197. Opening of a trial

At the time set for examination of the case the presiding judge shall open the hearing and
announce what civil case is under examination.
Article 198. Checking attendance of the participants in a process

(1) The court clerk shall report to the presiding judge at the hearing on attendance in court
of the individuals summoned in court and the reasons of their absence if any missing.
(2) The presiding judge shall establish the identity of persons present in a meeting,
examines the empowerments of the representatives and officials.
Article 199. Explanation to the interpreter of his/her duties

(1) The presiding judge at the hearing shall explain to the interpreter his obligation to
translate explanations, indications, applications of persons who do not speak the language of the
proceedings, his duty to translate to these individuals the content of explanations, readings,
motions of the participants in a process, testimony of witnesses present in the case, the
documents proclaimed in court, sound recordings, expert opinions, advice and consultations of
the specialists, as well as orders of the presiding judge, and the court rulings and decisions.
(2) The interpreter shall have the right to ask questions those participants present in the
court in order to clarify translation, to get acquainted with the records of the hearing or a separate
procedural act and make comments on the correctness of written notes of the translation which
are to be included in the records of the hearing.
(3) The presiding judge warns translator on liability provided for by criminal legislation for
deliberately incorrect translation. The interpreter shall sign a statement that he was duly warned
which shall be attached to the minutes of the hearing.
(4) In case of interpreter’s failure to appear in court or refusal to perform his/her duties, he
may be fined up to 10 conventional units.
(5) The provisions of this article shall apply to persons who understand the signs of deaf
people (signer).
Article 200. Removal of witnesses from the courtroom

Witnesses which appeared in court prior to the time of their interrogation shall be removed
from the courtroom. Presiding judge shall ensure that questioned witnesses do not communicate
with unquestioned witnesses.
Article 201. Announcement of the court composition and explanation of the right of
recusation and self-recusation
(1) The presiding judge at the hearing announces the composition of the court,
communicates who shall be involved as an expert, specialist, interpreter, clerk of the court and
explains to the participants of the process their right to request recusation or the right to self-
recusation.
(2) The grounds for requesting recusations or self-recusation, procedure for their resolution
and consequences of their satisfaction are provided in Articles 50, 51, 53 and 54.
Article 202. Explanation to the participants in a process of their rights and obligations
Presiding judge explains to the participants in the process their procedural rights and
obligations, and to the parties – their rights under Article 60, as well as their right to seek
resolution of a dispute in arbitration and the consequences of such action.
Article 203. Acceptance of applications and motions of the participants in a process

(1) Applications and motions of the participants in a process on matters relating to the
proceedings shall be resolved by the court after hearing the views of the other participants to a
process.
(2) Rejection of an application or motion does not deprive the person concerned of his/her
right to submit it at a later stage in the trial.
Article 204. Discovery of evidence at the hearing

In the first hearing, the judge may decide on approval of evidence, if the participants to a
process were not able to present them within the term prescribed by the court at the stage of
preparation of the case for the trial. If the opposing party can not immediately provide the
rebuttal evidence in the same meeting, it has the right to require adjournment of the proceedings.
Article 2041. Interruption of the court hearing

(1) In case the trial was opened and examination of the merits of the case has begun,
occurrence of procedural incidents which threaten continuation of the examination on the same
day shall result in interruption of the court hearing with the possibility of its continuation on a
different day and time designated by the court.
(2) Interruption of the court hearing shall be recorded in the court ruling and shall not
affect the integrity of the court records (minutes).
(3) When the court session interrupts, the court shall appoint a day to continue the court
session, taking into account the time for carrying out of the required procedural action. This date
shall be communicated to the persons present at the meeting against their signature. The persons
which did not appear at the hearing and which are being repeatedly invited to the process shall be
notified of the place, date and time of the continuation of the court hearing by means of a
subpoena or other means provided for in the present code.
Article 205. Consequences of non-appearance of the participants in a court meeting
(1) Participants in the process are required to inform the court in advance about the reasons
that prevent their attendance at the hearing and provide evidence confirming the validity of these
reasons.
(2) In case of failure to appear at the hearing of any of the participants in the process, for
which there is no information on their notice in the manner prescribed by law, the court decides
on the adjournment of the case.
(3) If participants in a process were notified in accordance with the law on the place, date
and time of the hearing, the court adjourns the hearing in the event it finds that the reasons for
their non-attendance are reasonable.
(4) If the court is not informed of the reasons of absence at the hearing of a participant in
the process, which was duly notified of the hearing in the manner prescribed by law, or if the
court finds the reasons of non-attendance as, the case shall be examined in his/her absence.
(5) If a party or one of the participants in a process leaves the court meeting before its
completion as well as such person is present in the court meeting but evades participations in the
examination of the case such actions shall be treated as non-attendance of the court hearing for
an unjustified reason.
Article 206. Consequences of non-appearance of the parties and representatives in a

court meeting
(1) The parties shall have the right to ask the court to examine the case in their absence,
and to dispatch them a copy of the respective court decision. If one of the parties requires
probation of the claims or defenses by means of hearing the other party the court shall requires
its personal appearance in court.
(2) In case of absence of the plaintiff, notified in accordance with the law on the place, date
and time of the hearing, if he/she has not informed the court about the reasons of his absence, or
if those reasons are found unjustified by the court, as well as if he/she had not asked to examine
the case in his/her absence, and the respondent does not ask for examination of the case on the
merits, the court leaves the application without consideration if this procedural action does not
violate the rights of the other participants in a process.
(3) In case of absence of the respondent, notified in accordance with the law on the place,
date and time of the hearing, if he/she has not informed the court about the reasons of his
absence, or if those reasons are found unjustified by the court, as well as if he/she had not asked
to examine the case in his absence, the court examines the case in his absence.
(4) In case of failure to appear at the hearing of the plaintiff and the respondent due to
unjustified reasons, if none of the parties had asked to examine the case in its absence, the court
adjourns the hearing. Repeated failure to attend the court meeting entails leaving the application
without examination.
(5) Failure of representative or other participant in the process to appear at the hearing does
not preclude from examination of the case. Upon a reasoned motion of a participant in the
process, the court may only once adjourn the proceedings in the event of absence for a legitimate
reason of his/her representative.
(6) In case of absence in court of the attorney or any other representative due to unjustified
reasons, or failure to perform by these representatives of the duties set forth by law, if this has
resulted in adjournment of the process, at the request of an interested party, the court may order
that the guilty party shall compensate the damages caused by such adjournment of the case.
Article 207. Consequences of non-appearance of a witness, expert, specialist and

translator in a court meeting
(1) In case of failure of the witness, expert, specialist or interpreter to appear at the court
hearing the court listens to the opinion of the participants in a process on the possibility of
examination of the case in the absence of the missing person and issues a court ruling on
continuation or adjournment of the examination of the case.
(2) If the a witness, expert, specialist or translator, summoned to court as prescribed by law,
did not appear at the hearing for reasons found by the court unjustified, he/she can be fined up to
10 conventional units.
(3) In case of failure of a witness to appear unreasonably after the second service, the court
may order his compulsory bringing in the process and at the request of an interested party may
require him/her to pay compensation for damages caused by the adjournment of the trial.
Article 208. Adjournment of proceedings

(1) The adjournment of the proceedings may be allowed as a result of initiation of a
counter-claim in accordance with subparagraph b) of paragraph (1) of Article 173, as well as in
other cases stipulated by the present code.
(2) Upon adjournment of the process, the court appoints the day of a new court meeting,
except as provided for in paragraph (5) of Article 122.
(3) The court ruling of adjournment of the proceedings shall not be subject to contestation
in cassation procedure.
Article 209. Interrogation of witnesses during the adjournment of the case

Upon adjournment of the proceedings, the court has the right to question the witnesses
present in a meeting, if the parties are also present at the hearing. Repeated service on these
witnesses in a new court hearing is allowed only in case of need.
Article 210. Explanation given to experts and specialists of their rights and
obligations
Presiding judge shall explain to the expert and the specialist their rights and obligations, as
well as shall warn the expert of criminal liability for knowingly giving false opinion. The expert
signs the statement that he/she was duly notified of his duties and liability. A signed statement
shall be attached to the minutes of the hearing.
Article 211. Examination of the case on the merits

(1) Upon examination of the case on the merits the presiding judge is obliged to create all
the conditions in order to enable all participants in the process to express their opinions on the
factual and legal circumstances of the case, make additions and present evidence. For this
purpose the judge, where there such a need, must find out together with the participants in a
process the circumstances of the case relevant for resolution of the case and examine the
evidence pertaining to the case.
(2) Examination of the merits of the case shall begin with the report on the case presented
by the presiding judge or any of the judges. Then the presiding judge shall specify whether the
plaintiff supports his/her action (claims), whether the respondent accepts the plaintiff's claims
and whether the parties are not willing to complete the case by a settlement agreement.
Article 212. Refusal of the plaintiff from the action, acceptance of the action by the
respondent and settlement agreement
(1) Refusal of the plaintiff from the action (nolle prosequi), acceptance of the action by the
respondent and terms and conditions of the settlement agreement shall be entered in the records
of the hearing and signed respectively by the plaintiff, the respondent or both parties.
(2) The presiding judge shall take measures to ensure that the parties resolve their dispute
or certain controversial questions in an amicable way. In order to do this, the court may, upon
request, give the parties time for reconciliation and require the parties to appear in person in
court, even if they are represented in the case by their representatives.
(3) If refusal of the plaintiff from the action, acceptance of the claim by the respondent or
the settlement agreement are expressed in the written statements addressed to the court, these
statements shall be attached to the materials of case, as should be indicated in the records of the
hearing.
(4) Prior to approving the plaintiff’s refusal from the action, acceptance of the claim by the
respondent, or approval of the settlement agreement of the parties, the court shall explain
respectively to the plaintiff, respondent or the parties the consequences of such procedural acts.
(5) Up approval by the court of the refusal of the plaintiff from the action or approval of
the settlement agreement of the parties, the court shall issue a ruling which shall terminate the
judicial proceedings. The court ruling should specify the terms of the parties' settlement
agreement, approved by the court. Upon acceptance of a claim by the respondent and approval
thereof by the court the latter shall issue a judgment on satisfaction of the plaintiff's claims.
(6) In case of rejection by the court of the plaintiff’s refusal from the action, or
respondent’s acceptance of the action or non-approval of a settlement agreement of the parties,
the court shall render a reasoned ruling and starts examination of the merits of the case.
Article 213. Explanations given by the participants in a process

(1) Following the presentation of the case, the court shall hear the explanations of the
plaintiff and the intervener who participates on the side of the plaintiff, explanations of the
respondent and the intervener participating on the side of the respondent, and them of the other
participants in the process. Prosecutor, authorized persons of the public authorities, other
authorities and organizations, and individuals who have gone to court in cases prescribed by law
for the protection of rights, freedoms and legitimate interests of other persons, shall give their
explanations first. Participants in a process have the right to ask each other questions. Judges are
entitled to pose questions to the participants in the process at any time of their speech. If
necessary, the presiding judge shall be entitled to provide the parties the right to speak several
times.
(2) The presiding judge proclaims written explanations of participants in a process, as well
as explanations received by the court in the manner provided by Articles 125 and 127.
Article 214. The sequencing of the evidence

The court, after hearing the explanations of the participants in a process and taking into
account their opinions shall establish the order in which the evidence should be examined, which
order could be subsequently amended.
Article 215. Warning the witness on liability for refusal to testify and for perjury
(1) Prior to the questioning of the witness presiding judge establishes his/her identity,
explains his/her rights and duties, and warns him/her of a criminal liability for refusal to testify
and for perjury. Witness signs the statement that he/she was notified of his/her duties and
liability. A signed statement shall be attached to the minutes of the hearing.
(2) A witness who is under 16 years, shall be clarified by the presiding clarifies of his/her
duty to truthfully tell all the facts known to him in this case, but he/she should not be warned
about the responsibility for refusing to testify and for perjury.
(3) A party who has requested to subpoena a witness in court may refuse to interrogate
him; however the other party may request that a witness who appeared at the hearing shall be
questioned.
Article 216. Interrogation of a witness

(1) Each witness shall be questioned separately.
(2) The presiding judge finds what relations the witness has with the participants of the
process and invites the witness to communicate to the court all the facts he/she personally knows
about the subject of the interrogation.
(3) With the permission of the presiding judge witness may be asked questions by the
participants. The first person to ask questions shall be the person who requested appearance of
the witness in court, according to which part of the witness, and his representative, and then –
other participants in a process and their representatives. Judges may ask witnesses questions at
any time of the interrogation.
(4) If necessary, the court may question a witness for the second time in the same or a
subsequent meeting, and also make a confrontation between the witnesses to clarify the
contradictions in their statements.
(5) The court dismisses the question posed to the witness by the participant in the process,
if it finds that the question is offensive or aimed at proving the fact that is irrelevant. On the
motion of the participant in a process, the court shall issue a ruling on the question posed as well
as on the motives for dismissal of the question.
(6) interrogated witness may remains in the courtroom until the end of the proceedings,
unless the court allows him/her to leave earlier.
Article 217. Usage of witness records

In course of testifying the witness may use his/her records in those cases when his/her
testimony is related to digital or other data. These records are presented the court and participants
in a process and may be attached to the materials of the case by the ruling of the court.
Article 218. Interrogation of a minor witness

(1) During the interrogation of a minor witness under the age of 14 years, and at the
discretion of the court – during interrogation of minors from 14 to 16 years a teacher shall be
summoned as the specialist invited to the court. If there is a need, the parents, adoptive parents,
tutors or guardians of the minor shall be invited as well. These persons, as well as participants in
the process with the permission of the presiding judge may ask the witness questions and express
their opinions about the identity of the witness and the nature of the witness’s testimony.
(2) In exceptional cases when this would be necessary for establishing of the circumstances
of the case, the court by its ruling may order the hearing of a minor in the deliberation room,
without the presence of the parties or other participants in the process. After the return of the
panel to the courtroom the participants shall be communicated with the testimony given by the
minor witness.
(3) A witness who has not attained the age of 16, after his interrogation shall be removed
from the courtroom unless the court finds that his/her presence is required.
Article 219. Questioning of the participant with disabilities

If a person subject to questioning in court, is dumb or deaf or for any other reason is not
able to speak, the questions posed to him/her and the answers given by him/her shall be in
writing and are attached to the court records, and if they cannot be read or written – a sign
language interpreter shall be involved.
Article 220. Entering of witnesses testimony in the court records

(1) The testimony of the witness shall be entered by court clerk in the minutes (court
records) and shall be signed on each page and at the end of the document by the presiding judge,
court clerk and witness after all of them have read the document. If a witness refuses or is unable
to sign, this fact shall be specifically recorded in the minutes.
(2) Any additions, changes or erasures in the content of the testimony are subject to
approval and countersignature of the presiding judge, secretary and the witness under a threat of
their invalidation. Free places in the testimony shall be crossed out in such a manner that no one
could write in anything.
Article 221. Reading of the witness’s testimony in a court hearing

Witness’s testimony obtained in the manner provided for by Articles 125, 127, paragraph
(1) of Article 136 and Article 209 shall be proclaimed at the hearing, after which the participants
in the process shall have the right to give their explanations.
Article 222. Study of written evidence

Written evidence and protocols for their inspection, made on-site in the manner prescribed
by Article 125, 127 and subparagraph j) of paragraph (1) of Article 185 shall be announced at the
hearing and shall be presented to the participants and their representatives, and if there is a need
– to the experts, specialists and witnesses. Thereafter, participants may give their explanations.
Article 223. Reading and study of personal correspondence and telegraphic

communications
In order to protect confidentiality of private correspondence and telegraphic
communications such correspondence and telegraphic communications may be proclaimed and
studied by the court in open court session only with the consent of the persons between whom
these conversations and communications were made. Absent their consent their personal
correspondence and personal telegraphic communications may be proclaimed and investigated in
a closed court session.
Article 224. Study of real evidence
(1) Real evidence shall be investigated by the court and produced for inspection of the
participants in a process and their representatives, and if there is a need – presented to the
experts, specialists and witnesses. Persons, who were presented with the evidence, may address
to the court revealed by them set of circumstances related to the inspection. These statements are
recorded in the minutes of the hearing.
(2) Minutes of examination of real evidence, made on-site, shall be proclaimed in a court
hearing. Thereafter, participants may give their explanations.
Article 225. On-site inspection

(1) Written and real evidence production of which in court is difficult or impossible shall
be examined and studied at their location or storage (on-site). On the production of inspection
and examination of evidence on-site, the court shall issue a ruling.
(2) The place, date and time of inspection of the evidence on-site shall be notified by the
court to the participants in a process and their representatives, but their absence does not
preclude from the production of the inspection. If there is a need experts, specialists and
witnesses shall also be summoned.
(3) Results of the inspection and examination of evidence on-site shall be recorded in the
minutes of the hearing. The minutes shall be accompanied with the plans, diagrams, drawings,
calculations, copies of documents compiled or reviewed during the inspection, videos, pictures
of real and written evidence made during the on-site inspection, as well as expert opinion and
explanations of a specialist.
Article 226. Playback of audio and video recording and their investigation
(1) On playback of audio and video recordings containing personal information, as well as
in course of their investigation, provisions of Article 223 shall apply.
(2) Playback of audio and video recordings shall be made in a courtroom or other specially
equipped room, with reflection in the minutes of the court meeting of the characteristic features
of the recording sources of evidence and with indication of the date of the playback. Thereafter,
the court shall hear the explanations of the participants. Playback of audio or video recordings
can be repeated in whole or in part.
(3) In order to determine the data contained in the audio or video recordings the court may
invite a specialist or, where there is a need, appoint an expert examination.
Article 227. Statement on forged evidence

(1) In case a statement on forged evidence was made, the person presented this evidence to
the court, may request the court to exclude it from the set of evidences and resolve the case on
the basis of other evidence.
(2) In order to verify the correctness of the statement on forged nature of the evidence, the
court may appoint an expert examination or invite the parties to submit other evidence.
(3) If a person who stated that certain evidence is forged indicates the person guilty of
forging this piece of evidence or that person’s accomplice, the court is empowered to suspend
examination of the case and refer the matter to the prosecutor, together with the relevant minutes.
(4) If the case does not contain elements of a crime, false evidence shall be investigated by
the court in civil cases by any means of probation.
Article 228. Investigation of the expert opinion
Expert opinion shall be proclaimed in a court hearing. For the purpose of clarification or
supplementing the expert opinion the participants may pose questions to the expert. The first
person to ask the expert shall be the person on whose request the expert examination was ordered
and its representative, and then – other participants in a process and their representatives. If an
expert examination was appointed by the court on its own motion, the first person to ask the
expert shall be the plaintiff and his/her representative. Judges are entitled to pose questions to the
expert at any time of interrogation.
Article 229. Production of additional or repeated examination

Article 230. Consultation of a specialist

(1) In course of examination of written or real evidence, listening to recordings, watching
of videos, appointment of expert examination, interrogation of witnesses, taking measures to
secure evidence, as well as on the issues of controversial law, the court may by passing a
respective court ruling on its own initiative or at the request of any participant in the process
invite a specialist in the respective area of science for the purpose of obtaining qualified
consultations, explanations and technical assistance (photographing, drawing up plans and
schemes, sampling for examination, valuation of property, etc.).
(2) A person summoned as a specialist shall be required to appear in court, answer
questions, and give verbal or written consultations and explanations, if necessary, to provide
technical assistance to the court.
(3) Specialist provides an explanation in court in writing or verbally on the basis of his/her
professional knowledge and the nature of his/her activities without undertaking any special
studies.
(4) Consultations and clarifications of the specialist given in writing, shall be proclaimed in
court hearing, and attached to the case. Verbal consultations and explanations of the specialist
shall be recorded in the minutes of the hearing.
(5) In order to clarify and supplement the specialist’s advice he/she may be asked
questions. The first person to ask questions shall be a person on whose request the former was
invited, and his/her representative, and then – other participants in a process and their
representatives. Specialist invited to participate at the initiative of the court shall be asked first by
the plaintiff and his/her representative. Judges have the right to ask questions at any time of the
interrogation of the specialist.
Article 231. Conclusions of public authorities

Conclusions of public authorities, which were admitted by the court to participate in the
case as prescribed in Article 74, shall be announced in a court hearing. Judges, as well as
participants in a process and their representatives can pose to the authorized representatives of
such authorities questions in order to clarify or supplement their conclusions.
Article 232. Closing of examination of the case on the merits

After investigation of all the evidence the presiding judge shall ask the participants in a
process and their representatives, if they have anything to add to the materials of the case. In the
absence of such additions the presiding judge announces examination of the merits closed and
the court proceeds to the court pleadings.
Article 233. Pleadings

(1) Court pleadings are made of the speeches of the participants in a process.
(2) In the pleadings plaintiff and his representative speak first and, then speak the
respondent and his representative. Principal intervener and its representative speak after the
parties and their representatives. Accessory intervener and its representative shall speak after the
plaintiff or the respondent on whose side such third party intervened in the case.
(3) Prosecutor, representatives or authorized representatives of public authorities,
organizations and individuals which applied for protection of the rights, freedoms and legitimate
interests of other persons shall speak first.
(4) Representatives of public authorities involved in the process to give their conclusions
shall speak after the parties and interveners.
Article 234. Replication

After the pleadings each participant in the process has the right to respond in connection
with what was said in the speeches. Right of the last replication belongs to the respondent and
his/her representative.
Article 235. Resuming of examination on the merits

(1) Participants in pleadings shall have no right to refer in their speeches on the
circumstances that were not considered by the court as well as on the evidence which had not
been investigated at the hearing unless they have referred to these circumstances and evidence in
their testimony before the closing of the examination of the case on the merits.
(2) If the court during or after judicial pleadings recognizes the need to find out certain
new circumstances relevant to resolution of the case or examine new evidence, the court shall
issue a ruling on resuming of the examination of the case on the merits. After termination of the
examination on the merits the court proceeds to pleadings in the general procedure.
Article 236. Deliberation and court judgment

(1) After completion of the pleadings the court panel retreats for the deliberation. As a
result of the deliberation the presiding judge or one of the judges proclaims the operative part of
the judgment process and explain to the participants the procedure and time to appeal the
judgment. The operative part of the judgment must be signed by all the judges, making the
composition of the court, and shall be attached to the case.
(2) If upon rendering the court judgment a separate opinion is made the latter shall be
attached to the materials of the case.
(3) After reading of the operative part of the judgment the presiding judge shall declare the
hearing closed.
(4) The participants in a process who were not present at the announcement of the
operative part of the judgment shall be notified by sending to them a copy of the judgment within
five days.
(5) The court makes the complete court judgment, if:
a) participants in the process demanded this right within 30 days from the date of
announcement of the operative part of the judgment. Upon expiration of the 30 days a missed
term cannot be restored;
b) participants in the process have appealed the judgment in 30 days from the date of
announcement of the operative part of the judgment;
c) the judgment is subject to the procedure for recognition and enforcement on the territory
of another state.
(6) In cases specified in paragraph (5), the court makes a complete judgment within 15
days from the date of the request, respectively, appeal or the announcement of the operative part
of the judgment.
(7) If one of the judges entering into a court panel cannot sign the complete judgment, the
presiding judge shall sign instead of the former, and if the presiding judge cannot sign the
judgment, then the judgment shall be signed by the chairman of this court. In all cases, a notice
on impossibility of its signing shall be made on the judgment.
(8) The complete judgment shall be sent to participants within five days.
Article 237. Reading of the judgment

Chapter XVI
JUDGMENT
Article 238. Deliberation procedure

(1) Deliberation shall be attended only by judges who participated in the proceedings.
Deliberation of the court’s panel shall be held secretly. Disclosure of the subject matter of a
deliberation is prohibited.
(2) The court panel headed by the presiding judge shall deliberate on all statutory issues to
be resolved, evaluates evidence, determines what the circumstances are established, determines
what is the nature of legal relations between the parties, which law should be applied in this case
and whether the claim is subject to satisfaction. Each of the questions must be formulated in such
a way so that it could be answered either by an affirmative or negative response.
(3) The judgment shall be in accordance with the rules laid down in Article 48.
(4) The results of the deliberation are recorded in the complete judgment or in its operative
part, which shall be signed by all the judges who participated in the deliberation, including the
judge, who has a dissenting opinion. Corrections in the content of the judgment should be
specified appropriately before the signatures of judges.
(5) Following the signing of the judgment none of the judges shall be entitled to change
his/her mind.
Article 239. Legitimate and justified character of the judgment

The judgment of the court must be legitimate and justified. The court judgment shall be
based only on the circumstances which were directly clarified by the court, and evidence that has
been investigated in a court hearing.
Article 240. Issues resolved when adopting judgments

(1) In making a judgment the court assesses the evidence and determines what
circumstances relevant for the resolution of the case have been established and which have not,
what is the nature of legal relations between the parties, what law is applicable in this case and
whether the claim is subject to satisfaction.
(2) If, during the resolution of a court judgment, the court considers essential to find out
new circumstances relevant to the resolution of the case, or further investigate certain evidence,
it passes a court ruling to resume the judicial proceedings. After completion of the examination
on the merits, the court again examines judicial pleadings of the participants in a process.
(3) The court shall make a judgment within the limits of the claims put forward by the
plaintiff.
Article 241. Content of the judgment

(1) Decisions of the court are made in the name of the law.
(2) The judgment consists of an introductory part and an operation part. In the cases
specified in paragraph (5) of Article 236, judgment shall comprise introductory, descriptive,
reasoning and operative parts. Each part of the judgment stands out in the text of the judgment
separately.
(3) The introductory part of the judgment shall indicate place and date when the judgment
was made, name of the court that made the judgment, names of the judges in a panel, court clerk,
parties, other participants in a process, their representatives, subject-matter of the dispute, stated
claim of the plaintiff a well as a note about the open or closed session.
(4) The descriptive part of the judgment shall briefly indicate the claim of the plaintiff, the
respondent's objections and explanations of other participants in a process.
(5) The reasoning part of the judgment shall specify the circumstances of the case
established by the court, the evidence on which the conclusions of the court about these
circumstances were made, the reasons for which the court rejected certain evidence, the laws
which were applied by the court.
(6) The operative part of the judgment shall contain conclusions of the court to satisfy the
claim or to reject the claim in whole or in part, indication of the distribution of costs, the
procedure and term to appeal the judgment.
(7) In cases when the court sets a certain order and term for execution of the judgment,
orders immediate execution of the judgment or takes measures to secure its execution, these facts
shall be indicated in the operative part of the judgment.
Article 242. Drafting a reasoned judgment

Article 2421. Transfer of shares of the bank based on a judgment

The court may decide on the transfer of shares of the bank only when these shares make an
object of a dispute.
Article 243. Judgment to recover a sum of money

When deciding on the amount of money to recover the court shall indicate in the operative
part of the judgment the size in figures and letters of a sum of money and the currency in which
it is collected, interest for the delay, determined in accordance with Article 619 of the Civil code,
which must be paid by the debtor despite the fact when there is no debtor’s guilt, if the debtor
does not execute the judgment within 90 days from the date when the judgment becomes final.
Article 244. Judgment on invalidation of the enforcement document

Upon satisfaction of the action for annulment of the enforcement document, based on
which the recovery is made without recourse, the operative part of a judgment shall indicate the
document which may not be enforced, number and date of its issue, as well as the amount which
shall not be payable.
Article 245. Judgment on conclusion or amendment of the contract

(1) In a dispute over conclusion or amendment of a contract the operative part of the
judgment shall indicate decisions taken on each of the disputed clauses. In a dispute on
conclusion of a contract a specific type of a contract and conditions on which the parties are
required to sign a contract shall be indicated.
(2) The operative part of the judgment in a dispute for recognition of the illegality of
certain contractual provisions drawn up for use in a variety of contracts, shall determine the
invalidity of these provisions, the obligation of the merchant to exclude them from the relevant
agreement, obligation to remove such clauses from the contracts valid at the time of adjudication
and having the same subject-matter entered into with other consumers, as well as a prohibition
on inclusion by a merchant of such clauses in contracts with the same subject, to be concluded
with consumers.
Article 246. Judgment to award the property or its value

In awarding the property in kind, the court shall state in its judgment value of the property,
including interest for the delay, determined in accordance with Article 619 of the Civil code,
which must be paid by the debtor despite the fact when there is no debtor’s guilt, if the debtor
does not execute the judgment within 90 days from the date when the judgment becomes final.
Article 247. Judgment requiring the respondent to perform certain actions

(1) In making a judgment obliging the respondent to perform certain actions that are not
related to transfer of property or sums of money, the court may specify that if the respondent fails
to perform the judgment in time, the plaintiff shall be entitled to perform these actions on the
account of the respondent with the recovery of necessary costs from the latter.
(2) If the execution of the judgment can be made only by the respondent, the court shall set
the time within which a judgment must be executed.
(3) A judgment obliging an organization or its governing body to perform certain actions
(make decision) not related with transfer of property or sums of money, shall be executed by the
head of the organization or governing body within a period of time set by the court. In case of
failure to execute the judgment without any justifiable reasons, the court that issued the judgment
shall apply to the head of the organization or governing body on the basis of the minutes of the
bailiff the coercive measures provided for by the legislation on enforcement of court decisions,
and at the request of an interested person, the court may order recovery from the responsible
persons of damages caused by the failure to execute the court judgment.
Article 248. Judgment in favor of several plaintiffs or against several respondents

(1) In deciding in favor of several plaintiffs, the court indicates the extent to which it
relates to each of the plaintiffs, or indicates that the right of recovery is solidarity.
(2) In deciding against several respondents, the court indicates the extent to which each of
the respondents must comply with the judgment, or indicates that their liability is joint and
several.
Article 249. Correction of errors in the judgment
(1) After reading the judgment, the court that issued it may not cancel or change it.
(2) The court may on its own initiative or at the request of participants in a process correct
errors or omissions relating to the name, procedural status, any other misprints or obvious
arithmetic errors. The question on making corrections shall be considered in a court meeting.
Participants in a process are notified of the place, date and time of the hearing, but their absence
shall not preclude from resolving the question of correcting errors.
(3) Ruling of the court on the said request may be contested in cassation procedure.
Article 250. Additional judgment

(1) The court that issued the judgment on its own initiative or at the request of participants
in a process is entitled to make an additional judgment in cases when:
a) the court did not pass a judgment on any of the claims from which the participants have
presented evidence and given explanations;
b) the court, having resolved on the disputed legal right, has not indicated in the size of the
awarded sum, the property to be transferred, or actions that the respondent should undertake;
c) the court did not resolve the issue of distribution of costs between the parties, and did
not decide on the statements of witnesses, experts, specialists, interpreters or representatives on
compensation of their court costs.
(2) The issue of an additional judgment should be resolved within the term for enforcement
of the judgment. Additional judgment shall be made by the court after examination of the issue at
the hearing and may be appealed in the manner prescribed by the present code. Participants in a
process are notified of the place, date and time of the hearing, but their absence shall not
preclude the consideration of the issue of an additional judgment.
(3) An application for an additional judgment shall not be subject to payment of a state
duty.
(4) Ruling of the court to reject the application for an additional judgment may be
Article 251. Explanation of the judgment

(1) In case when clarification on the meaning, limits or application of the operative part of
the judgment are required or if the judgment contains contradictory provisions, the court that
issued the judgment may, on the request of the participants in a process or bailiff, provide
explanations on the operative part of the judgment or remove the contradictory provisions
without changing the content of the judgment.
(2) Explanation of the judgment is allowed if it is not already executed or the term for
forced execution has already expired.
(3) Explanation of the judgment shall be made in a court meeting. Participants in a process
are notified of the place, date and time of the hearing, but their absence shall not preclude
proceeding to explanation of the judgment.
(4) Ruling of the court on the explanation of the judgment may be contested in cassation
procedure.
Article 252. Deferral and installment execution, change of the method and order of
execution
(1) The court that issued the judgment has the right to defer the execution or allow
execution in installment as well as change the method or order of its execution on the request of
the participants or at the proposal of a bailiff, taking into account the financial status of the
parties or other circumstances.
(2) The applications (motions) specified in paragraph (1) shall be examined in a court
meeting. Participants in a process are notified of the place, date and time of the hearing, but their
absence shall not preclude the examination.
(3) Ruling of the court on the issue of deferral or installment of the execution and changing
the method or the order of execution may be contested in cassation procedure.
(4) Pursuant to the provisions of this article execution of the settlement agreement may
approved by the court may be deferred or the order of its execution changed.
Article 253. Indexation of the awarded monies

(1) At the request of the creditor or debtor, the court that has considered the case may by
passing a respective ruling perform indexation of the amounts awarded by the adopted judgment,
based on the position at the time of execution of the judgment.
(2) The application for indexation of the awarded amounts shall be considered in a court
meeting. Participants in a process are notified of the place, date and time of the hearing, but their
absence shall not preclude the resolution of the issue of indexation.
(3) Ruling of the court on the issue of indexation of the awarded amounts may be contested
Article 254. Final and irrevocable judgment

(1) Court judgments that are passed in course of trial examination, subject to appeal, after
the case was examined in the appellate procedure shall be deemed final.
(2) The following judgments of the courts shall be deemed irrevocable (i.e. having legal
force):
a) judgments made at trial examination, upon expiration of the term for an appeal, if the
persons concerned did not use their right to appeal;
b) judgments made in appellate court, upon expiration of the term for cassation, if the
interested parties did not use their right to cassation;
c) judgments made in cassation court, after hearing of the cassation application.
(3) After the judgment becomes irrevocable the parties and other participants in the
process, as well as their successors cannot apply to the court with the same claims on the same
grounds, as well as to challenge in a different court the facts and legal relations established in the
judgment of the court, which became irrevocable.
(4) Irrevocable judgment is binding for the person in whose interest the case was filed by
persons or authorities specified in paragraph (2) of Article 7.
(5) If the respondent is obliged by a final decision to effect periodic payments and the
circumstances affecting the calculation of the amount of such payments or their period of time
have changed, each party has the right by bringing a new action to request modification of the
size or timing of such payments.
Article 255. Execution of a judgment

The court judgment is to be executed in accordance with the law after it becomes final,
except in cases of immediate execution after the judgment is passed.
Article 256. Judgments to be executed immediately
(1) Shall be subject to immediate execution a court order or judgment by which the
respondent is bound to pay:
a) an alimony (child support);
b) wages and other payments arising from the employment relationship, as well as the
sums paid to persons having the status of unemployed, in the amount of one average salary;
c) compensation for damages caused by injury or other impairment of health or damages
caused by death of a person if such compensation is awarded in a form of periodic money
payments;
d) an average salary for a period of forced absence from work in the case of restoration of
the employee at work.
(2) Court judgment on restoration at work of the employee illegitimately dismissed or
transferred to a different place of work shall be subject to immediate execution.
Article 257. The right of the court to order immediate execution of a judgment
Article 258. Securing of execution of judgments

(1) The court may secure execution of a judgment, which was not subject to immediate
execution after it was passed, according to the rules established by Chapter XIII.
(2) The court may take measures to secure execution of a judgment prior to issuing a writ
of execution.
Article 259. Obligation to send a copy of the judgment to the participants in a process
Chapter XVII
SUSPENSION OF PROCEEDINGS
Article 260. Duty of the court to suspend proceedings

(1) The court shall suspend the proceedings in the following cases:
a) death or reorganization of a party in a process or a principal intervener, if the disputed
legal relation allows legal succession;
b) loss by a party of legal capacity;
c) giving to foreign court an order to perform certain procedural actions;
d) cases provided for by the Law on insolvency;
e) resolution of an exceptional case of unconstitutionality.
(2) Suspension of proceedings entails suspension of the all procedural terms, as well as the
suspension of the execution of all proceedings, except for the actions to secure the claim and
evidence.
(3) Procedural acts committed during the suspension of the proceedings shall have no legal
force.
Article 261. Right of the court to suspend proceedings

At the request of the participants in a process or on its own initiative, the court may
suspend the proceedings in the cases:
a) plaintiff or respondent are located in the acting unit of the armed forces or other troops
and military formations of the Republic of Moldova;
b) a party or a principal intervener are located in the health care institution, confirmed by
the respective institution;
c) search for the respondent;
d) appointment of the expert examination;
e) giving a court order to a different court of the Republic of Moldova;
f) ordering that the territorial authority with powers in the field of adoption shall organize
inspection of the living conditions of the adoptive parents in cases for adoption and other cases
affecting the rights and interests of children;
g) termination of powers of the guardian or tutor;
h) impossibility of examination of the case prior to resolution of a different lawsuit directly
connected to the former.
Article 262. Terms of suspension of the proceedings

The proceedings are suspended:
a) in cases referred to in letters a) and b) of Article 260 – until determination of the legal
successor of a person who left the process or until appointment of a guardian or tutor of a person
having no legal capacity or who has lost legal capacity;
b) in cases provided for in subparagraph c) of Article 260 – until presentation by a foreign
court of mandate on provision of legal assistance;
c) in cases provided for in subparagraph d) of Article 260 – until a court judgment in a case
under the insolvency proceedings becomes legally effective;
d) in cases provided for in letters a), b), c), d), e), f) and g) of Article 261 - until
termination of a person’s stay in the armed forces of the Republic of Moldova, leaving health
care institution, detection of the respondent or termination of his/her search, submission to the
court of an expert opinion, or findings of the guardianship authority or court order;
e) in cases provided for in subparagraph h) of Article 261 – until the judgment, resolution,
verdict or ruling of a court become legally effective or until passing a decision on the materials
examined in the administrative procedure or in proceedings under constitutional jurisdiction.
Article 263. Appeal on the court ruling on suspension of the proceedings

(1) In all cases of suspension of the proceedings the court shall pass a ruling which may be
appealed separately in cassation procedure.
(2) A cassation application can be filed within the term of suspension of the proceedings
both in respect of the ruling on suspension of the proceedings and ruling to reject the application
for reopening examination of the case.
Article 264. Reopening of the case

After elimination of the circumstances which resulted in suspension of the proceedings, the
case shall be reopened by the court at the request of participants in a process, or on its own
initiative. Reopening of the case shall be notified by the court to the participants in a process in
the general order.
Chapter XVIII
TERMINATION OF PROCEEDINGS
Article 265. Grounds for termination of the proceedings

The court shall terminate the proceedings if:
a) the case may not be examined in civil judicial proceedings;
b) there exists a final court judgment rendered in a dispute between the same parties on the
same subject and on the same grounds, or the ruling of the court on the termination of the
proceedings in connection with refusal of the plaintiff from the action or approval of a settlement
agreement between the parties;
c) the plaintiff refused the claim and such refusal is accepted by the court;
d) the parties entered into a settlement agreement, and it has been approved by the court;
e) there exists decision of the arbitration tribunal binding on the parties, in a dispute
between the same parties on the same subject and on the same grounds, except when the court
refused to issue a writ of execution or reversed the decision of the arbitration tribunal;
f) after the death of an individual who is one of the parties to the proceedings, where legal
succession is not possible;
g) lack of capacity of the plaintiff and / or respondent, except as provided in paragraph (2)
of Article 59;
h) a statement of action was filed by an authority, organization or person for the purpose of
protecting the rights, freedoms and legitimate interests of another person without such
representation right being delegated to such persons by virtue of the present code or other laws.
Article 266. Procedure and consequences of termination of the proceedings

(1) The court shall terminate the proceedings by passing a ruling that is subject to
(2) In the court ruling on termination of the proceedings, the court shall indicate that
repeated application to court of the same parties on the same subject and on the same grounds is
not allowed.
Chapter XIX
LEAVING STATEMENT OF ACTION WITHOUT EXAMINATION
Article 267. Grounds for leaving statement of action without examination

The court leaves the statement without examination if:
a) a plaintiff has not complied with statutorily required or contractually agreed pre-trial
procedure for settlement of disputes;
b) a statement was filed by a legally incapable person;
c) a statement was signed or filed by a person not authorized to sign or file it with the
court;
d) there exists a lawsuit under examination in this or any other court initiated earlier
between the same parties on the same subject and on the same grounds;
e) the parties have signed an agreement to submit the dispute for resolution by an
arbitration tribunal and respondent prior to beginning of the examination of the case on the
merits has objected to examination of the dispute in court;
f) the parties which did not request for a proceeding in their absence did not appear at the
hearing after a second service, even though they were notified in the manner prescribed by law;
g) a plaintiff being informed in accordance with the law, did not appear at the hearing and
did not communicate to the court the reasons for his/her non-attendance or the court had
recognized these reasons as unfounded; or the plaintiff did not request examination of the case in
his absence, and the respondent does not require examination of the merits;
h) a husband sued for divorce without consent of his wife during her pregnancy or within a
year after birth of a child, and the statement of action was not returned to the plaintiff by the
judge;
i) a person in whose interests a lawsuit was brought in accordance with paragraph (2) of
Article 7, paragraph (2) of Article 72 and paragraph (3) of Article 73 does not support the
statement of claim and does not request to enter the process as a plaintiff;
j) persons referred to in Articles 72 and 73, refused the claim, and the person involved in
the case as a plaintiff has not paid the state duty with the term established by the court;
k) the court deferred payment of a state duty or ordered its payment by installments, and
the plaintiff failed to pay in within a term set by the court;
l) in case of special proceedings the court established existence of a legal dispute falling
under the jurisdiction of courts;
l1) the parties have requested in accordance with the law that the case shall be examined by
the arbitration tribunal;
m) there exist other cases provided for by the law.
Article 268. Procedure and consequences of leaving statement of action without

examination
(1) The proceedings in the case of leaving the statement of action without examination are
terminated by a court ruling. In such a ruling the court shall specify how the irregularities
specified in Article 267 could be repaired.
(2) Ruling of the court on leaving the statement of action without examination may be
(3) After removal of the circumstances which have led to leaving the statement of action
without examination, the person concerned has the right to revert to the court with a statement in
a general procedure.
(4) The court, at the request of the plaintiff or respondent may revoke its ruling to leave the
application without examination, issued on the grounds specified in paragraphs f) and g) of
Article 267, if they present evidence supporting the validity of the reasons for their failure to
appear in court hearing and that they were not able to communicate such reasons to the court.
This motion shall be submitted to the court within 15 days from the date of communication of
the court ruling.
(5) Ruling of the court which dismissed the motion to set aside the court ruling on leaving
the statement of action without examination may be contested in cassation procedure.
Chapter XX
COURT RULING
Article 269. Passing a court ruling

(1) Decisions at the trial stage (court of first level) or decisions of a judge which do not
resolve the merits of the case shall be issued in a form of a court ruling. A court ruling shall be
made in the deliberative room in accordance with the rules laid down in Article 48.
(2) In resolving simple questions the court may pass a ruling without entering the
deliberation room. Such court ruling shall be entered in the records of the hearing.
(3) A court ruling shall be announced immediately after it was passed by the court.
Article 270. Content of a court ruling

(1) Ruling of the court shall contain:
a) place and date of the ruling;
b) name of the court that issued the ruling, names of the members of the panel and the clerk
of the court;
c) information about the participants in the process, the subject of the dispute or stated
claims;
d) question on which a ruling is made;
e) grounds on which the court made its conclusions and a reference to the laws by which
the court was guided;
f) the decision of the court;
g) the procedure and term to appeal the ruling, if it is subject to appeal.
(2) The court ruling imposed by the court without removing into the deliberation room,
must contain the information listed in letters d), e), f) and g) of paragraph (1).
Article 271. Private rulings

Article 272. Sending copies of ruling to participants in a process

Participants in the process, who did not appear at the hearing, receive copies of the court
ruling on suspension or termination of the proceedings or on leaving the statement of action
without examination which should be sent to them not later than in five days from the date of
ruling.
Chapter XXI
MINUTES (COURT RECORDS)
Article 273. Mandatory character of the minutes

The minutes shall be kept in every court hearing in courts of the first level and in appellate
courts, as well as on each particular procedural action performed outside the court meeting
(questioning of the witness at his place of residence, investigation of written and material
evidence at their location or storage, etc).
Article 274. Content of the minutes

(1) The minutes of a court hearing or minutes of each separate procedural action performed
outside the court meeting, shall specify all essential aspects of the proceedings or specific
procedural actions.
(2) Minutes of the court hearing shall include:
a) place, date and time of the court hearing and the date of its completion;
b) name of the court examining the case, names of the members of the panel and the clerk
of the court;
c) name of the case;
d) information on appearance in court of the participants in a process, representatives,
witnesses, experts, specialists, translators;
e) information on explanations given in court to participants in a process, representatives
and experts, specialists and interpreters of their procedural rights and obligations;
f) orders of the presiding judge and rulings made by the court without entering the
deliberation room;
g) applications, motions and explanations of the participants in a process and their
representatives;
h) testimony of witnesses, verbal explanations of experts on their opinions, explanations
and consultations given by specialists;
i) information on reading in court of documentary evidence, results of on-site inspection of
real evidence, playback of audio and video recordings;
j) conclusions of the representatives of public authorities;
k) content of the pleadings;
l) information about reading in court and clarifying the content of judgments and rulings
made by the court, as well as clarification of the order and timing of their appeal;
m) information on explanation to the participants in the process of their right to examine
the court minutes of the hearing and submit their comments on the minutes;
n) date of completion of the minutes.
Article 275. Keeping of the minutes

(1) The minutes shall be kept by the court clerk in the court meeting or upon performance
of a separate procedural action outside the meeting. Court records shall be typed on a computer
and stored in a manner prescribed by the Supreme Council of Magistrate. If use of a computer is
impossible the minutes shall be prepared in hand-written form and then printed on the computer.
(2) In order to ensure the completeness of the minutes audio and/or video recorders or
other technical means can be used in the hearing. The fact of using such technical means shall be
noted in the minutes. In the absence of use of audio and/or video recording or other means the
judge shall issue a reasoned ruling on proceeding to the court session without using them.
(3) Participants in a process and their representatives have the right to motion the court for
disclosure of any part of the minutes, on entering into the minutes of information on the
circumstances addressed in the court proceedings or procedural actions conducted outside the
court, which they consider essential for resolution of the case.
(4) The minutes of the court meeting shall be drafted and signed no later than five days
after termination of the court meeting, and the minutes for a separate procedural action – not
later than on the next day after it had been performed. If there is an audio and/or video recording
of the court meeting, the court clerk shall use it to verify the accuracy of the minutes after the
hearing.
(5) Minutes shall be signed by the presiding judge and the clerk of the court session. All
changes, corrections, additions to the minutes must be specified and certified by their signatures.
(51) The presiding judge shall notify in writing the participants in a process and their
representatives on the drafting and signing of the minutes of the hearing within five working
days from the date of signing specified in the minutes, and provides them with the opportunity to
review the minutes and obtain a copy thereof. If the court hearing was recorded using audio
and/or video recorders, participants in a process and their representatives shall be informed in
writing of the possibility of receiving a copy of these records as well.
(6) Participants in a process and their representatives shall have the right to read the court
minutes, and within five days from the date of signing of the minutes are entitled to provide
written comments on the minutes with specification of inaccuracies in the minutes and reasons
for which they consider the minutes incomplete.
Article 276. Examination of comments on the minutes

Comments on the minutes shall be reviewed by the judge who signed the minutes within
five days of submission of the comments. In case of agreement of the judge with the comments
he/she shall confirm their correctness by a note “Agreed” and his/her signature. In case of
disagreement with the comments the judge shall issue a reasoned ruling on their complete or
partial rejection. In any occasion these comments shall be attached to the materials of the case.
Article 2761. Providing copies of the minutes and audio and/or video recordings
(1) Participants in a process and their representatives are entitled to obtain a copy of the
minutes and a copy of the audio and/or video recordings of the hearing. A copy of the audio
and/or video recordings of the court session shall be provided by the court clerk further to a
written or verbal request of the participant or his representative for a fee, the amount of which is
set by the Government and shall not exceed the cost of the expenses of the court for providing
such copies.
(2) Provisions of paragraph (1) shall not apply in the case of proceedings in a closed court
session. In this case, the participants in a process and their representatives have the right to read
the minutes drafted in written form, take notes from the minutes and listen to or watch audio
and/or video recordings of the hearing.
B. PROCEDINGS IN ADMINISTRATIVE CASES
Chapter XXII
PROCEEDINGS IN ADMINISTRATIVE CASES
Article 277. Action in the administrative court

Any person who considers his/her legal right to be infringed by a public authority by
means of an administrative act or non-consideration of a petition within a prescribed statutory
term, may apply to the competent court to repeal such act, recognize its legal right and recover
damages incurred.
Article 278. Examination of an action

Actions in administrative courts shall be considered by respective court under general rules
of procedure as provided by the present code, with exceptions and supplements provided for by
the legislation on the Administrative Court.
C. SPECIAL PROCEEDINGS
Chapter XXIII
GENERAL PROVISIONS
Article 279. Cases examined under a special procedure

(1) The court shall examine under a special procedure the following cases:
a) establishment of facts having legal relevance;
b) approval of adoption (of a child);
c) recognition of a minor’s full legal capacity (minor emancipation);
d) declaring the person missing or deceased;
e) limiting a person’s legal capacity or declaring a person legally incapable;
f) approval of forced hospitalization and forced treatment;
g) approval of psychiatric examination or hospitalization of a person in an inpatient
psychiatric unit;
g1) application of protection measures in cases of domestic violence;
h) recovery of rights arising from lost securities to bearer and order securities notes (call
procedure);
i) recognition of movable property as ownerless and recognition of municipal ownership
over the ownerless real estate;
j) finding incorrect entries in the registers of civil status;
k) recovery of lost court proceedings (recovery procedure).
(2) Courts may be assigned by law to hear under special proceedings other types of cases
as well.
Article 280. Examination of cases under special procedure

(1) Under special procedure, cases are heard by courts according to the rules of hearing of
civil actions, with the exceptions and additions set out in the present code to Chapter XXIII -
XXXIV and other laws.
(2) Under special procedure the court examines the cases with the participation of the
petitioner, other stakeholders, and the representatives of organizations.
(3) If upon filing the petition or during the hearing of a case under the special procedure,
the court finds that there is a question of law falling within the courts’ jurisdiction, the court
dismisses the application by means of a court ruling and explains the petitioner and other
stakeholders their right to settle the dispute as a civil action before the competent court.
(4) State duty already paid by the petitioner in special procedure is taken into account in
state duty collection and apportionment of expenses for hearing the case under the civil action
procedure.
Chapter XXIV
ESTABLISHMENT OF FACTS HAVING LEGAL RELEVANCE
Article 281. Cases concerning the establishment of facts having legal relevance
(1) The court shall establish the facts on which depend creation, alteration, or termination
of personal or property rights of individuals or organizations.
(2) The court examines the cases to establish the following:
a) kin relationships of persons;
b) the fact of the dependence of one person on another;
c) the fact of the registration of birth, adoption, marriage, divorce, or death;
d) the fact of the acknowledgment of paternity;
e) the fact of death of a person at a certain time under certain circumstances;
f) the fact of accepting the inheritance and place of opening of inheritance;
g) the fact of an accident occurrence;
h) the fact of possession, use and disposal of immovable property into ownership;
i) the fact of belonging of documents confirming the rights (except military documents,
identity cards, passports, certificates issued by authorities of civil status) to a person whose name
specified in the document does not match the name listed on the birth certificate, identity card or
passport;
j) the fact of cohabitation in cases prescribed by law;
k) the fact of political repression;
l) the fact of imprisonment of persons in concentration camps (ghettos);
m) the fact of dissemination of information, which violates honor, dignity and professional
reputation, if the author of information is unknown;
n) other facts having legal relevance.
Article 282. Conditions necessary to establish the facts having legal relevance
(1) The court shall establish the facts having legal relevance, under the following
conditions:
a) it generates, under the law, the following legal consequences: the emergence,
modification or termination of personal or real rights of the applicant;
b) the applicant has no other opportunity to obtain or recover documents confirming this
fact;
c) the finding is not related to resolution of a dispute that falls under court jurisdiction.
(2) If, during the hearing of the case on finding of the fact having legal relevance, there is a
dispute of law that falls out the courts’ jurisdiction, the court examines the application of this
finding in a special procedure.
Article 283. Jurisdiction

Applications for finding facts having legal relevance shall be filed with the court of the
residence or location of the applicant, except on assertion of ownership, use and disposal of real
property into ownership, which shall be filed with the court of the location of the property.

(1) The application to establish the fact having legal relevance shall include:
a) what fact the applicant requests to find and for what purpose;
b) the reasons for inability to obtain proper documentation or restore the lost documents;
c) evidence confirming the fact and the inability to obtain proper documentation or
reconstruct the lost documents in an out of court manner.
(2) Evidence confirming the circumstances stated by the applicant shall be attached to the
application.

(1) The judgment specifies the fact established by the court, the purpose for which this fact
is established, the evidence on which this fact was established.
(2) The judgment is a document confirming a fact established in court, serves as a ground
for the fact to be registered with the relevant authorities, if applicable, after the entry into force
of the judgment, without replacing documents issued by these bodies.
Chapter XXV
APPROVAL OF ADOPTION

(1) The adopter, who lives in the Republic of Moldova and wishes to adopt a child living in
the Republic of Moldova, shall file an application on adoption approval in the court of the place
of residence of the adopted child.
(2) The adopter, citizen of the Republic of Moldova, domiciled abroad, or foreigner or
stateless person wishing to adopt a child residing in the Republic of Moldova, files either directly
or through accredited foreign organization active in the field of international adoption the
application on international adoption approval in the court of the place of residence of the
adopted child.

Application on adoption approval shall include:
a) name, year, month and date of birth of the adopter, his place of residence;
b) the name, year, month and date of birth of the to be adopted child's place of residence;
c) a request for a change of name and / or name of the child, if the adoptive parents have
different surnames, which will be given to the child, the request to change the place of birth of
the child;
d) the certificate number of the adopter, the date of issue and the issuing authority in case
of national adoption;
e) other data and information as may be required by the court.
Article 288. Documents attached to the application on the approval of national

adoption
The adopter shall attach to the application on approval of national adoption:
a) evidence of the adopter;
b) a copy of the identity card;
c) a copy of the birth certificate;
d) a copy of the marriage certificate, when the adopting persons are married, or a copy of
the certificate of divorce, when the adopter is a divorced person;
e) a certificate of employment indicating the position and the amount of wages or a copy of
the income statement or other document of income for the last 12 months;
f) a certified copy of a document confirming his ownership of the housing or the right to
use it;
g) a certificate of criminal record;
h) a medical certificate of good health issued by a medical institution of the place of
residence of the adoptive parent;
i) biographical data of the adopter, reasons for adoption, other documents permitted by law.
Article 289. Documents attached to the application on the approval of international
adoption
(1) The adopter shall attach to the application on the approval of international adoption the
following:
1) the report of a central authority with the authority in the field of adoption of the
receiving state, accompanied by the relevant documents and information containing:
a) the identity of the adopter, confirmed by a certified copy of the identity card;
b) the ability and suitability of the adoptive parent for adoption;
c) personal, family and financial situation of the adoptive parent, confirmed by a certified
copy of a birth certificate, marriage certificate or divorce certificate, certificate issued by
employer about job position and salary, documents of ownership of the housing or the right to
use, as well as other documents on income;
d) the state of health, confirmed by a medical certificate in original, on each adopter
individually;
e) the social environment of the adopter;
f) the reasons why the adopter wants to adopt a child residing in the Republic of Moldova,
as well as data on the child or children, he is able to adopt;
2) a document guaranteeing the right of the adopted child to enter the receiving state and to
reside permanently in it, in case of approval of adoption, issued by the competent authority of the
receiving state;
3) a declaration on the right of the adopted child to retain citizenship of the Republic of
Moldova before reaching adulthood;
4) the consent of the adoptive parent for international adoption, if the person wishing to
adopt a child, is married – the consent of both spouses;
5) adopter statement on accepting post-adoption monitoring actions;
6) criminal records of the adopter;
7) the curriculum vitae of the adopter;
8) socio-economic and legal safeguards provided to the child in case of international
adoption;
9) a copy of the document confirming the ability of the adoptive parent for adoption.
(2) The application on international adoption approval and the accompanying documents
shall be submitted together with a certified translation into their official language, unless the
international treaties to which Moldova is a party provide otherwise.
Article 290. Preparing of the case for examination

(1) In preparing the case for hearing the judge issues a ruling for sending the copies of the
application on adoption approval and the accompanying documents to the territorial authority
with responsibility for adoption in the area where the child resides and shall request the opinion
on adoption and personal file of the child. By the court ruling, the proceedings shall be
suspended until court receives the opinion and child’s personal file from the territorial authority.
(2) In case of international adoptions in addition to the documents referred to in paragraph
(1), the judge requires the territorial authority with powers in the field of adoption to present the
agreements on continuing international adoption issued by the central authority responsible in the
field of adoption in the receiving state and the central authority responsible in the field of
adoption in the Republic of Moldova.
(3) Within 15 days the territorial authority in the field of adoption submits to the court the
opinion on child adoption and the child’s personal file, comprising:
a) a copy of the birth certificate;
b) a medical report on the health state of the child issued by a medical institution at the
place of child’s residence;
c) certified consent of the adoptive parent, in which he/she confirms that he/she was aware
of the state of child’s health;
d) child’s agreement on adoption, if he/she is aged 10, and child’s agreement to possible
changes of his/her name and the name and registration of the adoptive parents as his/hers;
e) consent of the biological parents, guardian or tutor of the child, except as provided in
paragraph (3) of Article 24 of the Law on the legal regime of adoption No 99 of 28 May 2010;
f) documents confirming the action taken by the competent authorities in order to (re)
integrate (reintegration) of the child with their biological or extended family;
g) other relevant data and information.
(4) The court may request other data necessary for the proceedings.
(5) After receiving the requested documents, the court issues a ruling on the resumption of
the proceedings, appointing the date of hearing the case, summoning participants in a hearing,
including the territorial authority with powers in the field of adoption.
Article 291. Hearing of the application

The application on adoption approval shall be examined in a closed session with the
mandatory participation of the adopters, the representative of the territorial authority with powers
in the field of adoption and the child if the latter has reached the age of 10. If necessary, other
persons interested in the act of adoption may be involved to participate in the hearing.

(1) Having considered the merits of the case, the court approves or rejects the application
on adoption of the child.
(2) Upon approval of the application on adoption, the court recognizes the adoption of the
child by specific individuals indicating in the judgment data about the adoptee and the adopters,
required for registration of adoption at the registry of civil status.
(3) When approving the adoption, the court may reject the request on recording the
adoptive parents as the child's parents in the certificate of birth, as well as on change of the
surname, first name and place of birth.
(4) Upon approval of adoption mutual rights and obligations of the adoptive parents and
the adopted child arise from the date of entry into force of the court judgment on adoption.
(5) Within five days from the date of entry into force of the court judgment on the adoption
of a child, the court shall send a certified copy of the judgment to the civil status office at the
place of judgment, for the state registration of adoption, as well as to the central authority in the
field of adoption, in case of approval of international adoption.
Article 293. Dissolution and avoidance of adoption

Cases concerning the dissolution and avoidance of adoption are examined in accordance
with the rules governing the civil actions.
Chapter XXVI
RECOGNITION OF MINOR’S FULL LEGAL CAPACITY
(MINOR EMANCIPATION)

(1) A minor who has reached the age of 16 may apply to the court at the place of residence,
with request on declaration of its full capacity in accordance with paragraph (3) of Article 20 of
the Civil code.
(2) The application is received by the court in the absence of the consent of both parents,
adoptive parents, guardian, or in the event of guardianship authority refusal to declare that the
minor is fully capable.

The application is examined by the court with the mandatory participation of the applicant,
one or both parents, adoptive parents, guardian and representative of the guardianship authority.

(1) After examining the merits of the case, the court passes a decision to either accept or
reject the application for recognition of a minor’s full legal capacity.
(2) Upon satisfaction of the application, the minor aged 16 is declared to be fully capable
(emancipated), with effect from the moment the judgment on emancipation enters into force.
Chapter XXVII
DECLARING THE PERSON MISSING OR DECEASED

(1) The application on declaring a person as missing or deceased, made under article 49
and 52 of the Civil code, shall be filed with the court at the place of residence of the person
concerned.
(2) An application for declaring a person as missing or deceased, submitted before the
deadline stated in article 49 and 52 of the Civil code, shall be returned to the applicant without
examination.

The application shall include the purpose for which the applicant intends to declare a
person as missing or deceased, and also to outline the circumstances confirming his/her missing
or circumstances that threatened the person's live or giving grounds to believe his/her death
would occur as a result of a specific accident. Regarding the military personnel or others who
disappeared in connection with military operations, the application shall specify the date of
termination of the said military operations.
Article 299. Preparing a case for examination

(1) In preparing the case for examination, the judge determines the persons (relatives,
friends, former colleagues), bodies and organizations (housing maintenance organizations,
police, military establishments, townhouse, etc.) that can offer information about the missing
person, and request the necessary information from these persons.
(2) The judge is entitled to dispose, through a ruling, on publication in the local newspaper,
on the applicant’s expense of a communication report on the beginning of the proceedings. The
report shall include the name of the court where the application on declaring the person missing
or deceased was filed, name, date and place of birth, last place of residence and place of work of
the missing person, name of the applicant and his/her place of residence or location, request filed
to persons who have knowledge of the place of the missing person to communicate such data to
the court.
(3) A judge may suggest to the guardianship bodies at the location of the property of the
missing person to assign an administrator to manage his/her property.

(1) The court's judgment to declare the person missing constitutes ground for the transfer
of his/her assets (if it requires permanent supervision) to the person with whom the guardianship
authority enters into an agreement of trust management.
(2) The court's judgment, under which the person is declared deceased, constitutes grounds
for the registration of his/her death with a civil status office.
Article 301. Effects of appearance of the person declared to be missing or deceased or

finding of his/her place of stay
(1) In case of appearance of the person declared to be missing or deceased or finding of
his/her place of stay, the court shall issue a new judgment in order to revoke its previous
judgment.
(2) Application for annulment of a judgment declaring the person missing or deceased may
be filed either by the person declared as such, or by other interested person.
(3) Annulment of the judgment declaring the person to be missing or deceased is made
within the same case if the case file is kept in the archives of the court.
(4) The judgment of annulment constitutes grounds for cancellation of protection measures
and management of property and cancellation of registration of death in the register of civil
status.
Chapter XXVIII
RECOGNITION OF LIMITED CAPACITY OR FULL LEGAL INCAPACITY

(1) The civil action for declaring a person as having limited legal capacity as a result of
abusive alcohol or drug consumption and other psychotropic substances, entailing impairment of
the financial situation of his/her family, may be commenced at the request of family members,
prosecutor or guardianship authority.
(2) The civil action for declaring a person’s incapacity due to a mental disorder (mental
illness or mental deficiency) may be commenced at the request of family members, close
relatives (parents, children, brothers, sisters, grandparents), regardless of the joint residence with
him or at the request of guardianship authority, psychiatric (psycho neurologic) hospital,
prosecutor.
(3) The application for recognition of a person as having limited capacity or full legal
incapacity shall be filed with the court at his/her place of residence, and if the person is placed in
a psychiatric (neuropsychiatric) hospital, the court of the place of location of the institution.
(1) The application for declaring a person as having limited legal capacity shall indicate
circumstances confirming that he/she is abusing alcohol or using drugs or other psychotropic
substances, thereby impairing financial state of his family.
(2) The application for declaring a person as fully incapable indicates circumstances
confirming existence of his/her mental disorder, as a result of which he/she cannot understand
his/her actions or control them.

(1) If, after the commencement of the action on recognition of a person as having limited
legal capacity or having no legal capacity (legal incapability), the person concerned is not
assisted by an attorney in court, the judge requires the coordinator of the territorial office of the
National Council for legal assistance guaranteed by the state, to appoint an attorney to protect its
interests in the trial, which has the authority of a legal representative.
(2) In accordance with the legislation on legal aid guaranteed by the state, the legal aid in
the case stipulated in paragraph (1) is provided free of charge.
Article 305. Ordering of expert examination in order to determine mental state

(1) If there is sufficient information about a person’s mental illness (mental retardation, an
injury that could lead to a mental disorder, is registered by a psychiatrist, was treated in a
psychiatric hospital, sentencing of exemption from criminal liability with forced hospitalization
in a psychiatric unit, and other information supporting the inappropriate behavior) the judge, in
preparing the case for hearing, appoints a psychiatric examination.
(2) If the person against whom a case on declaration of legal incapacity is initiated
explicitly avoids undergoing the expert examination, the court may adjudicate at the hearing with
the participation of the psychiatrist, a ruling for compulsory psychiatric examination.
(3) Disposal of the court to appoint a psychiatric examination is not subject to contestation

(1) The application for declaring a person as having limited legal capacity limiting is
examined by court with the participation of the person concerned, if his/her state of health allows
it, the applicant and a representative of the guardianship authority.
(2) The application for declaring a person as incapable is examined by court with
mandatory participation of a representative of the guardianship authority and the applicant. The
question about summoning the person concerned is considered in each separate case depending
on the state of his health.
(3) The applicant is exempt from paying the costs of the proceedings on the recognition of
a person as having limited capacity or legal incapacity.
(4) If found that family members who apply for recognition of a person’s full or limited
incapacity, acted in bad faith, the court awards them to pay all court costs and compensation of
the damages incurred.

(1) In case the court establishes the absence of grounds for recognition of a person as
having limited capacity or full incapacity, it issues a judgment to reject the application.
(2) The judgment by which the person is declared as limited in its legal capacity constitutes
ground for the guardianship authority to assigning a tutor. The judgment shall state activities and
legal acts upon which the person concerned is limited in capacity.
(3) The decision of the court that the person is recognized as incapable is the ground for the
guardianship authority to assign him a guardian.
Article 308. Annulment of limited capacity and declaring full capacity

(1) In the case provided for in paragraph (3) of Article 25 of the Civil code, the court at the
request of the person concerned, family member, guardian, guardianship authority or psychiatric
unit commences a civil action and issues a judgment on the abolition of restrictions on person's
legal capacity. Under this judgment, the instituted tutelage is canceled.
(2) In the case provided for in paragraph (3) of Article 24 of the Civil code, the court may,
upon application of the guardian, family members, psychiatric (psycho neurologic) institutions,
guardianship authority, prosecutor and based on the forensic psychiatric examination commences
a civil action and issues a judgment to recognize the person capable. Under this judgment, the
instituted guardianship is canceled.
Chapter XXIX
APPROVAL OF FORCED HOSPITALIZATION AND FORCED TREATMENT

(1) In cases when forced hospitalization and forced treatment of a person is allowed by law
based on a court judgment, the respective application is submitted by a health care institution to
the court of the person’s residence or its location.
(2) The application for forced hospitalization and forced treatment of a person shall contain
the legal grounds for such measures. The conclusion of the medical commission of the health
care institution on the need of forced hospitalization and forced treatment shall be attached to the
application.

(1) The court shall examine the application for forced hospitalization and forced treatment
within three days of its submission.
(2) Participation in the hearing of the person whose hospitalization is required and the
representative of the heath care institution at whose initiative the civil action was started is
mandatory.
(3) When the person concerned evades appearing in court, the person shall be forcibly
brought in court under a judicial ruling that cannot be contested in cassation procedure.
(4) The civil action on forced hospitalization and forced treatment shall be examined in the
absence of the person concerned, if his/her participation in the hearing is not possible for reasons
of health.

(1) After examining the application on the merits, the court shall issue a reasoned
judgment, which approves or rejects the application for forced hospitalization and forced
treatment.
(2) The judgment by which the application is admitted constitutes legal grounds for forced
hospitalization and forced treatment of person within the term prescribed by law.
Chapter XXX
APPROVAL OF PSYCHIATRIC EXAMINATION OR HOSPITALIZATION OF A
PERSON IN AN INPATIENT PSYCHIATRIC UNIT

(1) The application for a psychiatric examination without free consent of the person or his
legal representative should be filed to the court at the place of residence of the person concerned.
(2) The application for hospitalization to a psychiatric hospital without free consent of the
person or his legal representative should be filed to the court at the location of the psychiatric
hospital, in which the person is placed.
(3) The court opens the civil action on approval of psychiatric examination without the free
consent at the request of a psychiatrist. The application on hospitalization in a psychiatric
hospital without free consent should be filed with the court by the psychiatric institution, in
which the person is placed.

(1) The application for a psychiatric examination without the free consent of the person or
his legal representative shall outline the circumstances proving the need for psychiatric
examination. The application submitted to the court must enclose the written opinion of the
psychiatrist and, if necessary, other materials, including an application addressed to the
psychiatrist from the relatives, or to any doctor, officials or other persons, justifying the need for
such examination.
(2) The application for hospitalization to a psychiatric hospital without the free consent of
the person or his legal representative must indicate the grounds for hospitalization and facts
supporting the improper conduct of the person. The application must enclose the grounded
opinion of psychiatrists committee for the need to continue person's stay in a psychiatric hospital.
Article 314. Terms for submitting application for hospitalization

(1) The application for hospitalization to a psychiatric hospital of a person without his/her
free consent shall be submitted as soon as possible, but not later than 72 hours after being placed
in a psychiatric hospital.
(2) The judge may issue a ruling to extend person's stay in a psychiatric institution,
considering the time required for examination of the application in court.

(1) The application for a psychiatric examination or hospitalization of a person in a
psychiatric institution, without his/her free consent is examined by the judge within five days
from the date of commencement of the proceedings.
(2) The court shall examine the application for a psychiatric examination of a person
without his/her free consent with the participation of the psychiatrist who had filed the
application, the legal representatives of the person concerned and other interested parties. The
person whose mental state is to be determined may participate in the proceedings if the
psychiatrist believes that his/her state of health allows it.
(3) The application for hospitalization of a person to a psychiatric institution without
his/her free consent is examined by the court within 5 days from the trial. The hearing takes
place in the court’s headquarters. The person who is placed in a psychiatric institution without
consent may participate in the proceedings if the representative of the psychiatrist institution
believes that his state of health allows it.
(4) The application for hospitalization of a person to a psychiatric institution without
his/her free consent is examined at the hearing with the mandatory participation of the
representative of the psychiatric institution, requesting hospitalization and the legal
representative of the person concerned.

(1) If the person, whose hospitalization to a psychiatric institution is requested, is not
represented in court by an attorney, the judge requires the coordinator of the territorial office of
the National Council for legal assistance guaranteed by the state, to appoint an attorney to protect
the interests of the person concerned.
(2) In accordance with the legislation on legal aid guaranteed by the state, the legal aid in
the case referred to in paragraph (1) shall be provided free of charge.

(1) After examining the application for psychiatric examination or psychiatric
hospitalization of a person without his/her free consent, the court issues a judgment deciding to
either grant or refuse the application.
(2) The court judgment on approval of the application constitutes legal grounds for sending
the person to psychiatric examination without consent of the person concerned or of his/her legal
representative. The court judgment may be appealed in the manner prescribed by the present
code.
(3) The court judgment on approval of psychiatric hospitalization without consent is the
ground for hospitalization and treatment of the person in a psychiatric hospital within the
statutory period. The court judgment shall be appealed in the manner prescribed by the present
code.
(4) If the court finds that the person, at whose persistence the civil action on approval of
psychiatric examination or psychiatric hospitalization without consent was initiated, acted in bad
faith, the court requires him/her to pay all court fees and costs and damages caused thereby.
Article 318. Early discharge from a psychiatric hospital and extension of

hospitalization
Based on the opinion of the committee of psychiatrists, issued in the established manner,
the court at the location of the psychiatric institution examines the application of the
administration of psychiatric institution on early discharge or extension hospitalization.
Chapter XXX1
APPLICATION OF PROTECTIVE MEASURES IN CASES OF DOMESTIC
VIOLENCE
(1) The application on disposal of protective measures shall be filed to the court by the
victim of domestic violence or his/her legal representative, and in case of a minor – by the
tutelage and guardianship authority. In case the victim fails to submit the application, at victim’s
request, an application may be filed by the prosecutor, social protection service authority or the
police.
(2) The application on disposal of protective measures shall be submitted to the competent
court at the place of residence or location of the victim or aggressor, the place where the victim
asked for assistance or the place where an act of violence took place.

The application on disposal of protective measures shall include the circumstances of the
act of violence, the intensity, duration, its consequences, and other circumstances that indicate
for a need of protective measures.

(1) After receiving the application, the court shall immediately contact the district police at
the place of residence of the aggressor and requires informing him on the opening of the
procedure.
(2) The court may require, as appropriate, from the social service authorities or the police
to submit a report characterizing the family and the aggressor concerned. The court may require
presentation of other documents necessary for the hearing.
(3) Failure of the aggressor to participate at the hearing does not preclude from the
examination of the application.
Article 3184. Imposition of a protective order

(1) The court shall, within 24 hours of receipt of the application on the disposal of
protective measures, issue a ruling to admit or reject the application.
(2) Upon satisfaction of the application, the court shall render a protective order, through
which one or more of the following protective measures shall be applied to the aggressor:
a) requirement to temporarily leave the joint dwelling or prohibition to approach the house
of the victim, without solving the issue of the right to property;
b) requirement to observe a certain distance from the house of the victim that would ensure
victim’s security;
c) prohibition to communicate with the victim, his/her children and other dependents;
d) prohibition to visit the places of work or residence of the victim;
e) requirement to contribute, until the case is resolved, to the maintenance of children that
the aggressor has together with the victim;
f) requirement to cover the expenses and damages caused by acts of violence, including the
costs incurred for medical care, as well as costs for purchase or renovation of the property
destroyed or damaged;
g) limit the right to unilateral disposal of the commonly owned property;
h) establishment of a temporary regime for visiting their minor children;
i) prohibition on the possession and carrying of weapons.
(3) The protective measures are applied for up to 3 months.
(4) The court shall promptly refer the protective order to the police and the competent
social service authority for immediate enforcement.
(5) The order on protective measures provided for in letters e) and f) of paragraph (2) shall
be referred for immediate enforcement to the judicial executor, in whose territorial jurisdiction,
established by the territorial Chamber of Judicial Executors, the residence of aggressor is
located.
Article 3185. Extension and annulment of protective order

(1) The term of protection measures may be extended by the court in the event of a
repeated request due to acts of violence in the family or because of any breach of the protective
order.
(2) Upon reasonable request of the victim, the court may cancel the applied protective
measures, ensuring that the victim has freely expressed his/her will and it is not the result of
pressure exerted by the aggressor.
Article 3186. Appeal on ruling approving or rejecting application on disposal of

protective measures and appeal on ruling regarding disposal of protective order
(1) The ruling on approval or rejection of disposal of protective measures and the ruling
regarding disposal of protective order may be contested in cassation procedure according to the
rules established by the present code.
(2) The appeal of the ruling regarding disposal of the protective order does not suspend the
execution of the measures implemented.
Chapter XXXI
RESTORATION OF RIGHTS ARISING FROM LOST SECURITIES TO BEARER
AND ORDER SECURITIES NOTES (CALL PROCEDURE)

(1) The person who has lost a security to bearer or an order security note (hereinafter - the
document), in the cases provided by law, may request the court to recognize a lost document as
invalid and to restore the rights on it. Restoration of rights over the document may be done also
in case of loosing payment characteristics due to improper storage or for other reasons.
(2) The application for recognition of a lost document as invalid shall be filed to the court
at the location of the institution (person) that issued the document.

The application on the recognition of the lost document as invalid shall include:
a) the features of the lost document and name of the institution (person) that issued the
document;
b) the circumstances under which the document has been lost;
c) applicant's request addressed to the institution (person) that issued the lost document, to
withhold from making any payments or withdrawals based on it, or issue and confirm that no
such transactions have been made.
Article 321. Actions taken by the judge after receiving the application
(1) The judge after receiving the application for recognition of a lost document as invalid
issues a ruling on the prohibition for the institution (person) issuing the document to make any
payments or withdrawals based on it, and sends a copy of the ruling to the institution (person)
issuing the document, the person holding the register and the registrar.
(2) The judge issues a ruling on the publication in a local newspaper, on the account of the
applicant, of a notice of summons for the person holding the document. The notice shall contain:
a) the court where the application for the recognition of the lost document as invalid was
filed;
b) data on the person submitting the application, and place of residence;
c) the title and characteristics of the document;
d) a proposal addressed to the holder of the document whose loss is declared, to file an
application in court, within 3 months from the date of publication of the notice, to claim his
rights based on the document concerned.
(3) Refusal of the court to issue a ruling on the publication of the notice may be contested
Article 322. Application of the document holder

The holder of the document, whose loss was declared in court, is required to file the court
that issued the ruling on publication, before the expiry of 3 months from the date of publication,
an application indicating his/her rights arising from the lost document and submit the original
version of the document.
Article 323. Actions taken by the judge after receiving the application from the
document holder
(1) If the document holder applies to the court before the expiration of 3 months from the
date of notice publication, the court leaves the application of the person who lost the document
without examination and shall fix a term of maximum 2 months within which the issuing
institution (person) shall withhold from performing any payments and withdrawals based on it.
(2) The judge shall explain to the applicant his right to file an action for the recovery of
the lost document against the document holder, and to the document holder the right to claim the
damages from the applicant incurred due the court prohibition on the making payments and
withdrawals based on the disputed document.
(3) Definitions of the court made under this article may be contested in cassation
procedure.

(1) Upon failure of the document holder to file the application referred to in Article 322,
within 3 months from the date of publication of the notice, the court examines the case for
recognition of the lost document as invalid.
(2) The application on recognition of a lost document as invalid is examined with the
participation of the applicant and the representative of the institution (person) that issued the lost
document.

(1) In case the court admits the application it shall issue a judgment under which
recognizes the lost document as invalid. The court judgment constitutes legal grounds for making
payments to the applicant or for granting a new document to replace the invalidated one.
(2) In case the court admits the applicant’s request for restoration of rights arising from the
lost document, the court shall issue a ruling for granting a new document.
Article 326. Right of the document holder to file an action for unjust acquisition of
property
The document holder that failed to file court his claims arising from the lost document
within the prescribed term, may file a claim for unjust acquisition of property against the person
who was entitled to the issuance of a new document,.
Chapter XXXII
RECOGNITION OF MOVABLE PROPERTY AS OWNERLESS
AND RECOGNITION OF MUNICIPAL OWNERSHIP
OVER THE OWNERLESS REAL ESTATE

(1) The application for recognition of a movable as ownerless shall be filed by the person
who has entered into possession of this asset, with the court of the residence or location of the
applicant.
(2) The application on recognition of the right of municipal ownership over the ownerless
real estate shall be filed by the managing body of municipal property with the court at the
location of the asset.
(3) The judge refuses to examine the application for recognition of the right of municipal
ownership over the ownerless real estate, and the court strikes out the application, if the authority
responsible to manage municipal property, apply to the court before the expiration of the
statutory period, which is calculated from the date immovable property was recorded for
supervision by the state authority responsible for registration of ownership rights over real estate.

(1) The application for recognition of movable property as ownerless shall specify the asset
to be declared as ownerless, describe its features, provide evidence to show that the owner
abandoned the asset with no intention to retain ownership, and evidence showing that the
applicant entered into possession of the asset.
(2) The application filed by the managing authority of municipal property on recognition of
the right of municipal ownership of ownerless real estate shall specify the real estate asset to be
declared ownerless, time and person that registered the asset for supervision, evidence to show
that the owner abandoned the asset with no intention to retain ownership.

Declaration recognizing ownerless movable or recognizing the right of municipal
ownership of ownerless real estate shall be examined by the court with the participation of the
applicant and other interested persons.
(1) If the court finds that the movable asset has no owner or that the owner abandoned the
asset without the intention to retain ownership, it shall issue a judgment on the recognition of
ownerless movable property and the transfer of its ownership to the person that entered into
possession.
(2) If the court finds that the real estate is ownerless or that the owner has abandoned the
asset without the intention to retain ownership and that the asset was registered for supervision, it
shall issue a judgment on recognition of the immovable as ownerless and recognition of the
municipal ownership over the real estate.
Chapter XXXIII
FINDING INCORRECT ENTRIES
IN THE REGISTERS OF CIVIL STATUS
Article 331. Submission of the application

(1) The court examines the cases on establishment of incorrect entries in the registers of
civil status under the provisions of this chapter if there is no legal dispute and if the Civil status
registering office refuses to correct or change the entry in the register of civil status.
(2) The application on the establishment of incorrect entries in the register of civil status
shall be filed with the court at the place of applicant’s residence or the location of the civil status
authority.

(1) The application on establishment of incorrect entries in the register of civil status shall
contain inaccuracy, corrections or modifications requested by the applicant, the Civil status
registering office that refused correction or modification of the record.
(2) The application on establishment of incorrect entries in the register of civil status shall
enclose a copy of the respective certificate, the document confirming the refusal of the Civil
status registering office to correct or change records and other relevant documents related to the
issue.

The court is examining the application on establishment of incorrect entries in the register
of civil status with summoning the applicant and other interested persons.

The court judgment stating the inaccuracy of entries in the register of civil status
constitutes ground for correction or modification of such records by the Civil status registering
office.
Chapter XXXIV
RECOVERY OF LOST COURT PROCEEDINGS
(RECOVERY PROCEDURE)
Article 335. Recovery of lost proceedings

(1) Recovery of proceedings in civil actions (recovery of judicial procedural acts or
judgment enforcement acts) fully or partially lost, which terminated with a judgment or dismissal
of the case, is examined by a court under the provisions of this chapter.
(2) The provisions of this chapter do not apply to the recovery of proceedings which were
lost before the decision of the court on the merits of the case or before the termination of the
proceedings. In these cases, interested persons may file a new action under the general
proceedings, fact that will be mentioned in the court ruling on commencement of proceedings.

(1) The application for recovery of lost proceedings shall be filed by the participants in a
civil action to the court that resolved the matter on the merits by a judgment or issued a ruling on
the termination of proceedings.
(2) The application for recovery of lost proceedings enclosing the judgment enforcement
documents shall be filed with the court at the place of enforcement.

(1) The application for recovery of lost proceedings shall include the procedure whose
recovery is requested by the applicant, court manner to resolve the merits either by issuing a
judgment or a ruling on termination of the proceedings, applicant’s procedural position, other
persons who have participated in the proceedings and their procedural status, their domicile or
place of residence, the circumstances known by the applicant under which the judicial
proceedings were lost, the place where the copies of documents related to the lost proceedings
are located, the holders of such copies, the exact documents whose recovery is requested by the
applicant, and for what purpose it is necessary to restore them; other information.
(2) The application shall enclose the documents relevant to the case and that have been
preserved or their copies, even if they are not certified in the prescribed manner.
Article 338. Judicial expenses

(1) The application on recovery of lost proceedings is not subject to state duty and the
expenses incurred by the court, shall be borne by the state.
(2) If application on recovery of lost proceedings was filed in bad faith, the applicant shall
be bound to pay the state duty and the judicial expenses.
Article 339. Consequences of failure to comply with the content of the request
(1) Upon failure of the applicant to indicate the purpose of addressing the court for
recovery of lost proceedings, the court leaves the application without movement and provides the
applicant a reasonable term to indicate the purpose for such action.
(2) If the purpose of addressing the court indicated by the applicant is not related to
protection of his/her legitimate rights or interests, the court issues a grounded ruling on refusal to
open the case for recovery of lost judicial proceedings, or by a reasoned ruling leaves the
application without examination if the hearing was started.
(3) By a reasoned ruling, the court shall refuse to institute proceedings for recovery of lost
proceedings enclosing the enforcement documents, if it is possible to issue a duplicate of the writ
of execution or other document relating to enforcement proceedings.
Article 340. Actions of the judge after receiving the application

(1) When preparing the case for hearing, the judge determines the persons that were
involved in the proceedings or were summoned to court as witnesses. If necessary, the court also
determines the persons who were part of the court panel who examined the proceedings or who
were involved in drafting the document that was lost, as well as persons participating in the
enforcement of a court judgment.
(2) At the request of the applicant or on its own initiative, the court requires the participants
in the proceedings to submit the documents that have been preserved, the documents that have
been issued to individuals and organizations before the loss of proceedings, copies of these
documents, certificates and other documents relevant to the resolution of the case, requires the
court registrar to provide extracts from the court registers containing information about the
documents related to the lost judicial proceedings or documents related to the enforcement of the
lost judgment.
(3) In order to recover lost proceedings, the court may order the applicant to publish in a
most widespread newspaper on his own account, a request addressed to the holders of the
documents of the lost proceedings or copies thereof, to submit them to the court.

(1) The application for recovery of lost proceedings that encloses documents related to the
judicial procedure shall be examined with the participation of the applicant and other interested
persons.
(2) The lost proceedings on the writs of execution shall be recovered even when the
judgment has already been enforced. The writ of execution shall be recovered based on a
judgment, with effect on the actions already taken and indicated in the writs of execution of the
judgment.
Article 342. Termination of recovery of lost proceedings

(1) Upon failure to collect enough materials for recovery of a lost judgment, the court
issues a ruling on termination of the proceedings for recovery of lost proceedings and explains
the participants in a process their right to file a new action under the general provisions. The
ruling on termination of the proceedings is not subject to contestation in cassation procedure.
(2) Examination of an application for recovery of a judgment for the lost proceedings shall
not be limited to the period of its storage. If the purpose of the application on recovery of the lost
proceedings was aimed to the enforcement of the judgment, but the application was filed in court
after the deadline for filing a writ of execution and the court refused reinstatement of the term,
the recovery procedure shall be terminated.
Article 343. Court judgment on recovery of the lost proceedings

(1) The court judgment on recovery of the lost proceedings or the ruling on termination of
the proceedings, if these have been issued for the respective procedure, are subject to compulsory
recovery, except as provided for in Article 342.
(2) The court judgment on recovery of the lost proceedings or the ruling on termination of
the proceedings shall include all data submitted and examined by the court with the participation
of all participants in a process on the lost proceedings under which the court considers the
establishment of the recovered judgment.
(3) The reasoning of the judgment to recover the lost proceedings shall include the findings
of the court on the circumstances, the evidence examined by the court and the procedural actions
taken in regard to the lost proceedings.
(4) All judicial acts issued for recovery of the lost proceedings may be contested in
cassation procedure.
Chapter XXXIV1
TEMPORARY SUSPENSION OF THE VALIDITY AND REVOCATION
OF LICENSES / AUTHORIZATIONS RELATED TO ENTREPRENEURSHIP

(1) The public authorities and institutions responsible by virtue of law to regulate and
supervise (hereinafter - the competent authorities) may require in cases stipulated by law
temporary suspension of validity of or, depending on the circumstances, of the revocation of
licenses / authorizations related to entrepreneurial activity, which entails the impossibility of a
unit or the entire enterprise to continue its authorized activity.
(2) If the suspension or revocation of the license / authorization on entrepreneurial activity
was ordered by the competent authority, as provided by law, the latter shall within 3 working
days file an application with the court to suspend or revoke the license / authorization related to
entrepreneurship.
Article 3432. The content of the application

(1) The application on temporary suspension of the license / authorization related to
entrepreneurial activity shall include the evidence proving a violation of the statutory
requirements on entrepreneur activities by the entrepreneur, evidence proving that the
entrepreneur was notified of all established violations, prescriptions to eliminate such violations
and that the entrepreneur failed to comply with such prescriptions within the prescribed term, as
well as evidence of other facts, which under the law constitute grounds for the suspension of the
license / authorization related to entrepreneurial activity.
(2) The application on revocation of license / authorization related to entrepreneurial
activity shall enclose evidence of the facts, which under the law constitute grounds for the
suspension of the license / authorization related to entrepreneurial activity.

The application on temporary suspension or on revocation of license / authorization related
to entrepreneurial activity is examined by the court with the participation of the entrepreneur, his
representative or attorney, the representative of the competent authority and other interested
parties.

The court shall examine the application on temporary suspension or revocation of license /
authorization related to entrepreneurial activity, within 5 working days from the date of its
submission. After examining the merits of the application, the court shall issue a judgment on its
approval or rejection.
Article 3435. Cancelation of temporary suspension of the license / authorization
related to entrepreneurial activity
After elimination of the circumstances that led to the suspension of the license /
authorization related to entrepreneurial activity, at the request of the entrepreneur or the
competent authority, the court that issued the respective judgment shall initiate a civil action and
within 5 working days shall issue a judgment to cancel the temporary suspension of validity of
the relevant license / authorization. Based on this judgment, the competent authority shall issue a
decision on the resumption of entrepreneurial activity.
D. COURT ORDER (SIMPLIFIED) PROCEEDINGS
Chapter XXXV
COURT ORDER (SIMPLIFIED) PROCEEDINGS
Article 344. Court order

(1) The court order is a judicial decision rendered personally by a judge on the basis of the
documents submitted by the creditor, for the collection of money or vindication of the assets
from the debtor according pursuant to claims provided for in Article 345.
(2) The court order shall have the power of the executive document (writ of execution),
which shall be executed in the manner provided for the enforcement of judicial acts.
Article 345. Claims on the basis of which the court order is issued
The court order shall be issued if:
a) the claim arises from a notarized juridical deed (transaction);
b) the claim results from a juridical deed concluded in a simple written form, unless the
law provides otherwise;
c) the claim is based on the protest of unpaid bill of exchange, the refusal of acceptance or
acceptance without date, legalized by a notary;
d) the claim concerns payment of the alimony for minor children and which does not
require establishment of paternity, contestation of paternity (maternity) or inviting to the case of
any other interested persons;
e) the claim concerns recovery by the employee of accrued but unpaid salary and other
related payments;
f) the claim of the police authority, tax authority or court bailiff concerns recovery of
expenses related to tracing a respondent or a debtor and his/her property, or a child who was
taken from the debtor on the basis of a court judgment, as well as costs for storage of the debtor's
property that has been seized, and the debtor's property, evicted from its premises;
g) the claim results from acquisition of certain property on a loan basis or from leasing
operations;
h) the claim arises from the failure to return books taken from the library;
i) the claim results from failure of the business entity to honor its debts to the Social Fund;
j) the claim results from tax or social insurance arrears;
k) the claim concerns execution of the mortgage rights;
l) the claim arises from non-payment by individuals and legal entities of mandatory health
insurance contributions;
m) the claim results from the provisions of paragraph (4) of Article 99 of the Code of
Execution;
n) the claim follows from fiscal invoices payable on the filing date.
Article 346. Filling of the application and payment of state duty

(1) Application for issuance of a court order shall be filed to the court according to the
general rules of jurisdiction stipulated in Chapter IV.
(2) Application for issuance of a court order shall be subject to payment of the state duty in
the amount of 50 percent of the value established for the statement of action.
(3) In case of dismissal of the creditor’s application for issuance of a court order the state
duty paid by him/her shall be refunded to the creditor.
(4) In case of cancellation of the court order the state duty paid by the creditor may not be
refunded.

(1) An application for a court order shall be filed in written form and shall contain:
a) name of the court in which the application is submitted;
b) name of the creditor, its domicile or legal address, tax code;
c) name of the debtor, its domicile or legal address, tax code;
d) creditor's claim and circumstances on which the claim is grounded;
e) documents confirming the validity of the claim;
f) list of the attached documents.
(2) For the claim related to vindication of assets, the application shall specify their value.
(3) Upon filing the application the creditor shall provide evidence that the statutorily
required pre-trial procedure of dispute settlement was complied with.
(4) The application shall be signed by the creditor or his representative. When application
is submitted by the representative, it shall be accompanied with the document duly legalized in
the order prescribed by law confirming his/her empowerments to act on behalf of the creditor.
Article 348. Refusal to accept the application

(1) The judge refuses to accept the application for the issuance of the court order on the
grounds provided for in Articles 169 and 170.
(2) The judge refuses to accept the application as well as if:
a) the creditor’s claim is not provided for in Article 345;
b) the debtor is outside the jurisdiction of the courts of the Republic of Moldova;
c) documents confirming the claim of the creditor are not presented;
d) there exists a dispute over material law which cannot be resolved based on the
documents submitted;
e) pre-trial procedure of dispute settlement was not complied with.
(3) Refusal to accept the application shall be made by issuing by the judge of the court
ruling within five days from the date of submission of the application, which ruling shall not be
subject to contestation in cassation procedure.
(4) Refusal to accept the application for issuance of the court order does not prevent the
creditor from submitting his/her claims in the action proceedings. In this case, the state duty paid
by the creditor will be credited against payment of a fee for the statement of action.
Article 349. Remedying of irregularities of the application
(1) If the application does not comply with the provisions of Article 347 or the state duty
has not been paid, the judge shall leave the application without examination and shall set a term
to remedy the irregularities of the application or payment of the state duty.
(2) If the creditor meets all the requirements of Article 347 and has paid the state duty
according to instructions of the judge and within the time set, the application shall be considered
submitted on the day of its initial filing to the court. Otherwise, the judge makes a ruling on the
restitution of the application, which can be contested in cassation procedure.

(1) The court order shall be issued by the judge after examination of case on the merits
without summoning the parties to give explanations, without trial and without drafting minutes
of the court meeting.
(2) The court order shall be issued within five days from the date of submission of the
respective application to the court.
Article 351. Content of the court order

(1) The court order shall specify:
a) case number and date of issuance of the court order;
b) name of the court, name of the judge who issued the order;
c) name of the creditor, his/her domicile or legal address, bank details;
d) name of the debtor, his/her domicile or legal address, bank details;
e) rule of law on the basis of which the claims of the creditors are satisfied;
f) amount of money that shall be collected or the asset subject to vindication with
specification of its value;
g) amount of compensation and penalties if such are claimed by the creditor and shall be
paid according to the law or contract;
h) amount of the state duty to be paid by the debtor to the benefit of the creditor or the state
budget;
i) terms and procedure for appeal against the court order.
(2) The court order on collection of the alimony for minors, apart from for information
required by letters a), b), c), d), e) and h) of paragraph (1) shall also specify additional
information such as: date and place of birth of the debtor, his/her place of work, place of
residence, name and date of birth of each child, to whose benefit alimony is collected, the
amount of payments to be collected on a monthly basis, and the term for their recovery.
(3) The court order is made on a special form and is signed by the judge who rendered the
order.
Article 352. Sending copies of the court order to the debtor

(1) Upon issuance of the court order, the judge not later than on the next day sends a copy
of the order to the debtor by registered mail with acknowledgment of receipt.
(2) The debtor may, within 10 days from the date of receipt of a copy of the court order,
send to the court which rendered the court order his/her reasoned objections against the claims
satisfied by the court order with attachment of the evidence confirming such objections, using
any means of communication which can ensure the accuracy and timely delivery of the
objections to the court.
(3) In the case of objections presented after the statutory deadline, the judge may upon
request of the debtor suspend execution of the court order until examination of the debtor’s
objections, except for the cases when such suspension is prohibited by law, having
simultaneously to resolve the issue of restoration of the missed term for presentation of the
objections in accordance with Article 116.
(4) The court which issued the court order shall consider the objections of the debtor
without summoning the parties, without keeping the minutes of the court meeting and confines
itself to admissibility of objections from the viewpoint of reasonableness and authenticity.
Article 353. Cancellation of the court order

(1) In a 5-day period from the date of receipt of objections the court that has issued the
court order shall pass a ruling on admissibility of the objections of the debtor and cancellation of
the respective court order, which ruling is not subject to appeal, or rules on rejection of the
objection of the debtor.
(2) In the ruling on cancellation of the court order the judge shall explain that the creditor's
claim may be brought against the debtor in the action proceedings. Copy of the ruling on
cancellation of the court order shall be sent to the parties within three days of the date of its
issuance.
(3) In case of cancellation of the court order which was fully or partially executed but the
creditor having not filed a lawsuit in action proceedings, the debtor shall not be precluded from
filing an application pursuant to provisions of Article 159 of the Code of Execution of the
Republic of Moldova.
(4) If objections are not relevant to the subject-matter of the case, the judge issues a ruling
to refuse the cancellation of a court order. This ruling may be contested with cassation within a
period of 10 days.
Article 354. Presentation of a court order to the creditor

(1) If the debtor does not file his/her reasoned objections to the court order within the term
stipulated by provisions of Article 352, as well as in case the debtor agrees to the claims of the
creditor, the judge shall present to the creditor the second counterpart of the court order certified
by the official stamp of the court for the purpose of its submission for further execution.
(2) At the request of the creditor the court order may be directed by the judge to the bailiff
appointed by the creditor.
(3) In the case of recovery of the state duty from the debtor to the state budget on the basis
of a court order, the court shall issue a writ of execution, which is certified by the official stamp
of the court and sent for execution to the bailiff, in whose territorial jurisdiction, as set by the
territorial chamber of bailiffs, the place domicile or legal address of the debtor are located.
(4) The original of the court order shall be stored in the court.
E. INSOLVENCY
PROCEEDINGS
Chapter XXXVI
PROCEEDINGS ON DECLARING
INSOLVENCY
Article 355. Jurisdiction in declaration of insolvency
An application for declaration of insolvency shall be submitted to the competent Court of
Appeals of general jurisdiction in accordance with the provisions of the present code and other
applicable laws.

An application for declaration of insolvency shall be examined by court in a general
procedure as provided by the present code with exceptions and supplements set forth by the
insolvency legislation.
TITLE III
CONTESTATION OF COURT
JUDGMENTS
Chapter XXXVII
APPEAL
Article 357. Subject-matter of appeal

A court judgment, prior to have become final and provided it is appealable, could be
contested in the appellate court, which, on the basis of the existing and additionally provided
materials of the case, verifies the accuracy of fact finding pertaining to the case, application and
interpretation of substantive law, as well as compliance with the rules of procedural law in course
of examination of the case by the court of the first level.
Article 358. Judgments which could be contested in appeal procedure and courts
having jurisdiction to examine appeals
(1) The judgments issued by the courts of the first level may be appealed to the courts of
appeal of the general jurisdiction.
(2) The judgments issued by Circuit Commercial Courts acting as courts of the first level,
can be appealed to the Court of Appeal of Chisinau.
(4) Judgments issued by courts of appeal acting as courts of the first level, cannot be
contested by means of appeal.
(5) Judgments issued by courts of the first level rendered after retrial of the case, can be
contested according to the general rules on appeal.
Article 359. Contesting of rulings issued by courts of the first level

(1) Rulings issued by courts of the first level can be appealed only together with the
judgment, except for the rulings that can be contested in cassation procedure separately from the
judgment in cases as provided for by Article 423.
(2) An appeal filed against the judgment shall be deemed an appeal against the rulings
issued for the case, even if they were passed after the delivery of the judgment and the
application for appeal does not specifically mention contestation of the rulings.
Article 360. Persons entitled to appeal
(1) The following persons shall be entitled to appeal:
a) the parties and other participants in a process;
b) appellant’s representative, if authorized in the manner prescribed by law;
c) witness, expert, specialist, translator and representative in respect of due compensation
of their court costs.
(2) The interested person who has expressly waived the right to file an appeal against a
judgment has no longer the right to appeal thereof. The right to appeal can be waived by filing an
application with the court of the first level prior to the closing of the term of appeal.
Article 361. Joint appeal

(1) Co-participants (co-plaintiffs, co-respondents) and third parties (interveners) that
participate in the proceedings alongside the appellant may join the appeal, if their claims concur
with the claims of the appellant, by submitting a written request. The request to join the appeal is
not subject to state duty.
(2) If the claims of the appellant do not concur with the claims of the joining subject, the
latter has the right to appeal according to the general rules, by paying the state duty.
(3) If the main appellant withdraws the appeal, or the appeal was not granted, or the
application on appeal was returned, or there are other reasons that preclude resolution on the
merits of the case, the joint appeal referred to in paragraph (1) takes legal effect if it was filed
within the term of appeal and if the joining person paid the state duty.
Article 362. Term to file appeal

(1) The term to file an appeal is 30 days from the date of the announcement of the
operative part of the judgment, unless the law provides otherwise.
(2) The term of appeal shall be interrupted by the death of that participant in the
proceedings who had interest in appeal or the death of the representative to whom the judgment
was conveyed. In such cases, a new judgment will be conveyed at the opening of the succession,
and the term of appeal restarts as of the date of the new judgment. For incapable heirs and for
heirs with limited capacity, as well as heirs who went missing the term of appeal will start the
day when a guardian or tutor is appointed.
(3) The reinstatement of the term is carried out by the court of appeal in cases and in the
manner prescribed by Article 116.
Article 363. The suspensive effect of the appeal

(1) The term of appeal shall suspend the enforceability of the judgment issued by the court
of the first level, with the exceptions provided by law.
(2) An appeal submitted within the due term also suspends enforcement of the judgment.
Article 364. Filing the application for appeal

(1) The application for appeal shall be written and filed with the court that issued the
contested judgment, the state duty shall be paid at this time, if required by law.
(2) The appeal and any new documents that have not been submitted during the trial
examination shall be submitted in a number of copies equal to the number of participants to the
proceedings, and an additional copy for the appellate court. Copies shall be certified as required
by law.
(3) The documents attached to the appeal are drafted in a foreign language they shall be
duly translated and certified.
Article 365. Content of the application for appeal

(1) The application for appeal shall include:
a) name of the court addressed with the appeal;
b) name, domicile or headquarters, and procedural status of the appellant;
c) contested judgment, court that issued it, panel of judges, and date of issue of the
judgment;
d) factual and legal grounds of the appeal;
e) evidence in support of the appeal;
f) request of the appellant;
g) name and address of the domicile of the witnesses, if summoned for the appeal;
h) list of the attached documents.
(11) The elements of the application for appeal referred to in letters d), e) and h) of
paragraph (1) may be included in an additional application filed in after the issue of the complete
judgment.
(2) The application for appeal may include other data relevant to the appeal.
(3) The application for appeal shall be signed by the appellant or appellant’s representative.
In the latter case, the document confirming empowerments to represent shall be duly certified,
and stating the established powers of the representative, shall be enclosed to the application if
one is yet not present in the case file.
(4) The proof of payment of the state duty shall be enclosed to the application, if the
application is subject to payment of the state duty.
Article 366. Submission of the response to the appeal

(1) Participants in the proceedings have the right to submit written objections against the
appeal and have to enclose respective written evidence confirming the accuracy of objections.
(2) Responses to the appeal and written evidence shall be submitted in a number of copies
equal to the number of participants to the proceedings, and an additional copy for the court of
appeal, within the time limits provided by paragraph (2) of Article 370
(3) The copies of document shall be duly certified.
Article 367. Actions of the court of the first level after receiving the appeal
(1) After receiving the appeal, the enclosed documents and other related evidence that was
not submitted during the trial examination, the president of the court of first level has to order
immediate registration of the application for appeal.
(3) The next day after expiration of the term for appeal, the court of first level is required to
send the case file, the filed appeal and attached documents that were not submitted during trial
examination, to the court of appeal.
(4) Before the closing date of the term of appeal, no one has the right to obtain the case file
from the first instance courts. Participants to the proceedings can learn about the materials
included in the case file, the filed appeals and opposing response, as well as the new evidence
submitted with the appeal and can file grounded response against appeals and responses.
Article 368. Cases where an appeal is not allowed

(1) If the application for appeal does not comply to the requirements set by Article 364 and
Article 365 and if the application is filed in with no payment of the state duty, the court of appeal
issues a ruling not to allow the appeal, and setting a term for the appellant to remedy the
shortcomings.
(2) If the appellant complies with the requirements of the ruling in due time, the appeal is
considered filed in on the initial date.
(3) The ruling issued by the court of appeal rejecting the appeal can be challenged in a
superior court.
Article 369. Return of the application for appeal

(1) The appellate court shall return the application, by means of a ruling, if:
a) the appellant did not comply with the requirements of the ruling issued according to
Article 368 paragraph (1), in due time;
b) the appeal was filed outside the statutory term for appeal, and the appellant does not
request reinstatement, or the court of appeal refused to reinstate the appeal;
c) the appellant entered a new complaint that was not examined by the court of the first
level;
d) the appeal has been filed in by a person who is not entitled to appeal;
e) the appellant requires return of the appeal prior to the commencement of the debates in
the appeal court;
f) according to the law, the judgment cannot be challenged with appeal.
(2) The ruling issued by the court of appeal to return the appeal can be contested in a
superior court.
Article 370. Preparation of the case for the hearing

(1) Within 30 days of the receipt of the case file for review, the court of appeal will
undertake due procedural acts in preparation of the case for hearing in accordance with Article
185 and Article186.
(2) The court of appeal shall send copies of the application for appeal and the attached
documents that were not filed in during trial examination to the participants in the proceedings,
shall summon the parties and other participants in the proceedings, informing that new responses
and documents shall be attached to the case file at least three days prior to the hearing.
(3) Opposing responses and enclosed documents shall be submitted in a number of copies
equal to the number of participants to the proceedings, and an additional copy for the court of
appeal.
Article 371. Period for review of the case by the court of appeal
After the closing date for preparation for the hearings, the appeal shall be reviewed within
a reasonable period of time.
Article 372. Filing new evidence and claims with the court of appeal
(1) The parties and other participants have the right to file new evidence if they were
unable to do so during trial examination.
(11) The court of appeal is not entitled to accept evidence that could have been filed by the
participants during trial examination, except for the situation described in paragraph (1).
(12) If the parties and other participants in the proceedings claim the need for new evidence
to be filed, they must specify the evidence, means by which the evidence can be filed, as well as
the reasons to prevent their filing during trial examination by the court of the first level.
(2) Witnesses heard during trial examination can be summoned by the appellate court, if
their evidence is challenged.
(3) The standing of the parties, the grounds or subject of the case cannot be changed during
appeal; neither can new claims be presented. Interest, rates and revenues that have matured can
be claimed, any other damages that were produced after the judgment of the first level court was
issued can be the object of legal compensation.
Article 373. Limits of the appeal

(1) The court of appeal shall check the legality and validity of the challenged judgment
regarding fact finding and application of the law during trial examination by the court of first
level, within the limits of the application for appeal, the opposing responses and submitted
objections.
(2) Within the limits of the appeal, the court of appeal shall check the circumstances and
legal relations established by the judgment issued by the court of first level, as well as those that
have not been established, but are relevant to solving the case, considers the evidence on case file
and additional evidence presented by participants to the appeal.
(3) If the basis of appeal does not include new arguments or new evidence, the court of
appeal shall decide on the merits of the case, only on grounds raised within trial examination by
the court of the first level.
(4) The court of appeal is not bound by the grounds of the appeal on the legality of the
judgment issued by the court of the first level, instead it is required to verify the legality of the
judgment as a whole.
(5) The court of appeal is required to rule on all the arguments comprised in the appeal.
(6) The appellant shall not create for itself a situation more difficult than that of the
decision to appeal, except were consent was given and if the judgment is also challenged by
other participants to the proceedings.
Article 374. Withdrawal of appeal

(1) The appellant and appellant’s duly authorized representative may withdraw the appeal
prior to hearings in a court of appeal. The withdrawal shall be written or verbal; the latter case
requires entry into the minutes of the hearing.
(2) Withdrawal of appeal filed by the prosecutor, by another person or body authorized by
law to go to court in order to protect the rights, freedoms and legitimate interests of another
person, does not deprive the person in whose interest the appeal is filed, of the right to maintain
the appeal for examination after paying the state duty.
(3) In case of withdrawal of the appeal, the court of appeal shall issue a ruling to terminate
appeal proceedings, shall inform participants in the proceedings, shall terminate the appeal
proceedings regarding the person who submitted withdrawal and examines the appeals of other
participants.
Article 375. Renunciation from the claim and out of court settlement
(1) The claimant’s renunciation from the claim and the settlement reached by the parties
after the submission of the appeal shall be submitted to the court of appeal as a written request.
(2) Review of the claimant's request to renunciate the claim or the application of the parties
to conclude an out of court settlement, the effects of acceptance or rejection of the renunciation
or confirmation of the out of court settlement take place in accordance with Article 212.
(3) If the applicant's renunciation from the claim is admitted or the out of court settlement
is confirmed, the appellate court will quash the contested judgment and end the proceedings if
the provisions of paragraph (5) of Article 60 are complied with.
Article 376. Procedure for hearing in the appellate courts

(1) Procedural provisions concerning the hearing of civil cases in courts of the first level
shall apply to hearings in courts of appeal to the extent to which they are not inconsistent with
the provisions of this chapter.
(2) The list of cases of the court of appeal is displayed before the hearing.
Article 377. Hearings within the courts of appeal

The presiding judge shall open the hearing and announce the case, appellant’s name, the
court whose judgment is challenged with appeal, shall confirm the presence of participants in the
proceedings and representatives, shall determine the identity of those present, shall check if the
officials and representatives are duly authorized and hold powers of attorney.
Article 378. Announcement of the judge panel. Explanation of the right of recusation
(1) The presiding judge shall announce the panel and inform participants in the
proceedings that they have the right to make recusations.
(2) The grounds for recusation or self-recusation, the settlement method and effects of
admission are regulated under Articles 49-54.
(3) The presiding judge shall explain to the participants in the proceedings their procedural
rights and obligations.
Article 379. Participant’s failure to appear in court and its effect

(1) Non-attendance of the hearing by the appellant or appellee, their representatives and
any other participants failure if duly summoned and informed about the place, date and time of
the hearing, shall not preclude from examination of the appeal. The court, however, has the right
to postpone the hearing if it finds that the failure to participate is justified.
(2) If the court finds that the participant did not receive the appeal, new evidence,
opposition papers, the court of appeal orders to adjourn the court hearing and remit (hand over)
the documents as due.
Article 380. Review of applications and motions filed by participant in the

proceedings
(1) The court of appeals satisfies the applications and requests related to the review of the
appeal, submitted by a participant in the proceedings, after hearing the opinions of other
participants.
(2) The parties and other participants in the proceedings have the right to require
submission of new evidence that was not accepted by the court of the first level.
(3) The application and motions submitted shall be settled according to the provisions of
Article 48 and Article 203, the court of appeal is not entitled to dismiss evidence on the grounds
of dismissal by the first level court.
Article 381. Case report

(1) The trial of the case in the appellate court shall open with the case report presented by
the presiding judge or a judge.
(2) The report exposes the circumstances of the case, the content of the judgment of the
first level court, the reasons for appeal, the summary of opposition papers filed against the
appeal, the content of new evidence submitted to the appellate court, other data needed to verify
the legality and validity of the judgment.
Article 382. Explanations given by participants in the proceedings

The appellate court is required to hear the explanations given by participants or their
representatives that are present during the hearing. The appellant or the appellant’s representative
will speak first, thereafter, other participants in the proceedings will speak in the order
established by the court. If both parties appealed, the applicant will speak first.
Article 383. Examination of evidence

(1) After explanations given by participants in the proceedings, the appellate court shall
examine the existing evidence as well as the additional evidence filed with the appeal. The
procedure for examination of evidence within appeal proceedings is similar to the relevant first
level court proceedings.
(2) The appellate court has the right to read in court the explanations of non-attending
participants and witnesses who were not named in the court of appeal.
Article 384. Verbal arguments (pleadings)

(1) After examining the merits of the case, the presiding judge shall offer participants or
their representatives the opportunity to make motions or supplements. After having examined
such motions, the court shall proceed to verbal arguments (pleadings).
(2) Verbal arguments shall be made in accordance with Article 233 and Article 234. The
appellant will speak first. If both parties appealed, the applicant will speak first.
Article 385. Powers of the appellate court

(1) Having heard the appeal, the appellate court is entitled to:
a) dismiss the appeal and uphold the judgment of the court of the first level;
b) admit the appeal and modify the judgment of the court of the first level;
c) admit the appeal and quash the judgment of the court of the first level in whole or in part
and issue a new judgment;
d) admit the appeal, quash the judgment of the court of the first level in full and send the
case back for retrial by the court of the first level only where the grounds listed under letters d)
and i). of paragraph (1) of Article 388. At the request of trial participants, the appellate court may
send the case back for retrial to the court of the first level in cases mentioned in letter b) of
paragraph .(1) of Article 388;
e) admit the appeal and quash in full or in part the judgment of the court of the first level,
ordering to end the proceedings or strike out the application if the grounds referred to in Article
265 or Article 267 are met.
(2) If the case is sent back for retrial, with the consent of all trial participants, the appellate
court indicates those procedural acts which remain valid, whereas all the other procedural acts
are voided by law.
Article 386. Grounds for quashing or modifying judgments by the appellate court
(1) The judgment of the court of the first level should be quashed or modified by the
appellate court if:
a) the circumstances important for solving the case were not fully determined and clarified;
b) the circumstances important for solving the case, deemed to be determined by the court
of the first level, have not been backed by reliable and sufficient evidence;
c) the findings of the court of the first level, stated in the judgment, contradict the
circumstances of the case;
d) substantive or procedural legal rules have been violated or misapplied.
(2) A judgment that is legal on the merits cannot be quashed only for formal reasons.
Article 387. Violation or misapplication of the rules of substantive law

It is deemed that the rules of substantive law are violated or misapplied, if the court:
a) did not apply the law that was supposed to be applied;
b) applied a law that should not have been applied;
c) misinterpreted the law;
d) incorrectly applied the legal analogy.
Article 388. Violation or misapplication of the rules of procedural law

(1) The judgment of the first level court must be quashed, regardless of the arguments
brought in appeal, if:
a) the panel of judges that heard the case was illegally composed;
b) the case was tried by the court without the participation of a participant in the trial, who
was not notified of the place, date and time of the hearing;
c) the rules regarding the language of the hearings were violated during the trial;
d) the court ruled on the issue of the rights of persons that were not brought into the
proceedings;
[Letter e) repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
f) the judgment is not signed by the judge or one of the judges or the judgment is signed by
a different judge or judges than those mentioned in the judgment;
g) the minutes of the hearing are not attached to the case file;
h) the minutes regarding the carrying out of a procedural act are not attached to the case
file;
i) the case was tried in violation of the rules regarding jurisdiction.
(2) Committing violations other than those listed in paragraph (1) may serve as a reason for
quashing the judgment only if these violations led or could lead to an erroneous settlement of the
case.
Article 389. Reaching and communicating the resolution
(1) Upon the conclusion of the case examination and pleadings, the panel of judges shall
retire to the deliberation room in order to reach a resolution.
(2) After deliberation, the panel communicates the operative part of the resolution. The
operative part of the resolution must be signed by all the panel judges and attached to the case
file.
(3) In case that while reaching the resolution a dissenting opinion is expressed, it shall be
attached to the case file.
(4) The complete resolution shall be made available within 15 days from the
communication of the operative part of the resolution.
(5) If one of the panel judges is unable to sign the complete resolution, the president of the
panel will sign instead, and if the president of the panel is unable to sign, the president of the
court will sign instead. In all cases, the reason for the impossibility of signing will be written on
the resolution.
(6) The complete resolution shall be sent to the parties within five days of the signing date.
(7) The resolution of the appellate court can be challenged in a superior court according to
the provisions of this code.
Article 390. Content of the resolution

(1) The resolution of the appellate court shall include:
a) the name of the court that issued the resolution, the panel of judges;
b) the place and date where and when the resolution was communicated;
c) the name of the appellant and appellant’s procedural status;
d) a brief description of the first instance judgment, the grounds for appeal, new evidence,
and explanations offered by participants in the appeal proceedings;
e) the reasons given by the appellate court for its findings and reference to the governing
law;
f) the findings of the appellate court resulted from the appeal proceedings.
(2) In the event of decline of appeal, the appellate court is required to mention in the
resolution the reasons for declining the resolution.
(3) In the event of an full or partial quashing of the first instance judgment and the return
of the case back to the court of the first level, the court of appeal may state in its resolution the
procedural actions to be undertaken by the court of the first level during retrial, but it is not
entitled to bias the court of the first level by delivering opinions regarding the trustfulness of
some evidence, or to infer that some evidence is more grounded than other evidence, and neither
to establish what resolution should be reached after retrial.
(4) The resolution shall be signed by all the judges who have reviewed the appeal,
including the judge who presented a dissenting opinion.
Article 391. Interlocutory ruling

Article 392. Indications of appellate court

Article 393. Quashing the resolution and termination of proceedings or striking out
the application
(1) The first instance judgment shall be quashed by the appellate court that shall rule by
means of a resolution the termination of the proceedings or striking out the application, if there
are any reasons provided for in Articles 265 and 267.
(2) The resolution of the appellate court on terminating the proceedings or striking out the
application can be challenged in a higher court.
Article 394. Legal power of the court of appeal resolution

The appellate court shall become final at the time of communication and shall be enforced
according to the provisions of this Code and other laws.
Article 395. Trial of an appeal received after the review of the case in an appellate
court
Article 396. Restitution of the case to the court of the first level
After the review of the case in an appellate court, the case file is returned to the first level
court.
Chapter XXXVIII
CASSATION PROCEEDINGS
Part 1
Cassations against rulings of the court
Article 397. Decisions that can be contested in cassation procedure

Article 398. Persons who are entitled to file a cassation

Article 399. Courts having jurisdiction to examine cassations

Article 400. Grounds for a cassation and annulment of a judgment

Article 401. Accession to cassation

Article 402. Term for submission of cassation

Article 403. Suspensive effect of cassation

Article 404. Submission of cassation

Article 405. Contents of a cassation
Article 406. Actions of the court whose decision is being contested in cassation
procedure
Article 407. Procedural actions of the cassation court

Article 408. Leaving cassation application without movement

Article 409. Return of the cassation application

Article 410. Limits of the cassation examination

[Article 410 repealed by Law No N 155 of 05.07.2012, effective as of 30.11.2012]
Article 411. Retraction of the cassation

Article 412. Refusal of the plaintiff from the action and settlement agreement
Article 413. Procedure for examination of a case by cassation court

Article 414. Consequences of failure to appear at the court hearing

Article 415. Examination of applications and motions of the participants in a process

Article 416. Explanations given by participants in a process

Article 417. Powers of a cassation court

Article 418. Passing and reading of a ruling

Article 419. Content of a ruling

Article 420. Instructions of a cassation court

Article 421. Legal force of a ruling of a cassation court
Article 422. Examination of a cassation application received after examination of the

case in cassation procedure
Article 423. Cassation against the ruling issued at trial examination

(1) The rulings issued at trial examination (in court of the first level) may be contested with
cassation, separately from the judgment, by the parties and other participants in the proceedings
in cases provided by the present code and other laws, as well as and when the ruling of the court
makes further movement of the case impossible. Such rulings are examined under the rules of
cassation procedure set forth by this chapter.
(2) Other rulings given at the trial stage may not be contested with cassation.
Article 424. Courts having jurisdiction to examine cassations against rulings

(1) Courts of Appeal shall examine cassations against rulings issued by the courts.
(2) The civil, commercial and administrative chamber of the Supreme Court of Justice shall
examine cassations against rulings issued by the Courts of Appeal.
(3) The rulings of the Supreme Court of Justice remain irrevocable at the time of issue.
Article 425. Term for filing cassation against the ruling

Term for filing cassation against the ruling is 15 days from its delivery.
Article 426. Submission and examination of cassation against the ruling

(1) The cassation against the ruling is filed and examined as prescribed by this chapter,
with the exceptions specified in this section.
(2) The cassation shall be filed with the court whose ruling is contested.
(3) The cassation against the ruling shall be examined within 3 months by a panel of 3
judges, based on the case file and the accompanying materials enclosed to the contestation,
without a hearing on the admissibility and without the participation of the parties.
Article 427. Powers of the court in examining cassations filed against the ruling
The court of cassation, after examining a cassation contestation against the ruling, is
entitled to:
a) dismiss the cassation and uphold the ruling;
b) admit the cassation and quash the ruling in whole or in part, remanding the case for
retrial;
c) admit the cassation and quash the ruling in whole or in part, decide on the merits of the
matter by issuing a resolution.
Article 428. Legal force of the resolution issued by the court of cassation on cassation
filed against the ruling
(1) The resolution of the court of cassation issued after examining the cassation filed
against the ruling remains irrevocable since issuance. The resolution shall be published on the
website of the court within 5 days as of the issuing date.
(2) A copy of the resolution shall be sent to the parties within 5 days from the date of issue.
Section 2
Cassation filed against the disposition acts issued by the courts of appeal
Article 429. Decisions that may be subject to cassation

(1) The resolutions issued by the courts of appeal in their capacity as appellate courts and
the judgments issued by the courts of appeal in insolvency proceedings may be contested with
cassation.
(2) The rulings given in appeal may be contested with cassation only together with the
resolution, except in cases where, by virtue of law, may be contested with cassation separately
and when the ruling makes it impossible to further continue the trial.
(3) The cassation against the resolution shall be considered filed and against the rulings,
even if the latter were issued after delivery of the judgment contested with cassation.
(4) The resolutions on remanding the case for retrial which are not subject to any remedy,
nor the judgments in which respect the persons mentioned in Article 430 have not uses the
remedy of appeal, since the law does not provide this remedy, or in respect of which the appeal
was withdrawn in the manner provided in Article 374, may not be subject to cassation.
Article 430. Persons entitled to file for cassation

The following persons shall be entitled to file for cassation:
a) the parties and other participants in the proceedings;
b) the witness, the expert, the specialist, the interpreter and the representative with respect
to compensation of costs related to the proceedings.
Article 431. The competent court to examine the cassation

(1) Examination of cassations filed against the resolutions issued by the courts of appeal
falls under the jurisdiction of the Supreme Court of Justice.
(2) A panel of 3 judges shall decide on the admissibility of cassation.
(3) The cassation decided to be admissible shall be examined by a panel of 5 judges from
the civil, commercial and administrative chamber of the Supreme Court of Justice.
4) The judges that examined the admissibility of the cassation may participate in the
examination of the cassation concerned.
Article 432. Grounds for filing cassation

(1) The parties and other participants in the proceedings have the right to file for cassation
in case there is allegation of serious violation or erroneous application of rules of substantive law
or rules of procedural law.
(2) It is considered that the rules of substantive law have been violated or erroneously
applied if the court:
a) has not applied the law that should have been applied;
b) has applied a law that should not have been applied;
c) has misinterpreted the law;
d) has wrongly applied the analogy of rule or the analogy of law.
(3) It is considered that the rules of procedural law have been violated or erroneously
applied if:
a) the case was examined by a judge who was not entitled to participate in the examination;
b) the case was examined in the absence of the participant who was not duly notified about
the place, date and time of the hearing;
c) the hearing was performed in breach of language of the proceedings;
d) the court has resolved an issue related to the rights of persons that were not involved in
the proceedings;
e) the minutes of the hearing is missing from the case file of the matter;
f) the judgment was issued in violation of court jurisdiction.
(4) Commission of violations other than those indicated in paragraph (3) constitute grounds
for filing cassation only if and to the extent that the said violation led or could have lead to
wrong resolution of the case or if the court of cassation considers that the assessment of evidence
by the court was arbitrary, or if errors have led to violations of human rights and fundamental
freedoms.
(5) The grounds referred to in paragraph (3) are taken into account by the court ex officio in
all cases.
Article 433. Grounds for inadmissibility of cassation

A cassation contestation is considered to be inadmissible if:
a) the cassation falls out of the grounds referred to in paragraphs (2), (3) and (4) of Article
432;
b) the cassation is filed in breach of the term referred to in Article 434;
c) the person who submitted the cassation is not entitled to file for it;
d) the cassation is filed repeatedly after being examined.
Article 434. Term for filing cassation

(1) The cassation shall be filed within 2 months from the date when the judgment or
resolution have been issued.
(2) The 2 months term is a limitation period and cannot be reinstated.
Article 435. Suspensive effect of the cassation

(1) The cassation suspends the execution of the judgment in the case of boundary
displacement, destruction of plantations and crops, demolishing any building or property, in
other cases provided by law.
(2) At the request of the cassation appellant, the court vested with the right to hear
cassation is entitled to order suspension of judgment enforcement provided that the cassation
appellant has paid the assurance bail.
(3) The assurance bail is required in case of patrimonial matters, where the judgments have
not yet been enforced, in the amount provided in Article 81 of the Code of Execution.
(4) The assurance bail shall be deposited on the bank account of the judicial executor as
provided in Article 80 of the Code of Execution. The confirmation issued by the judicial executor
granted to the cassation appellant shall be attached to the application for stay of execution of the
judgment contested with cassation.
(5) If cassation is admitted with the adoption of a new judgment rejecting the claim, the
deposited amount shall be returned based on this judgment.
(6) If cassation is admitted and the judgment is quashed and the case is remanded for
retrial, the assurance bail remains on the account deposited until the adoption of a new
irrevocable judgment.
(7) If the court of cassation maintains the judgment filed for cassation, that amount shall be
used for the execution of the judgment, as provided by law.
(8) In case of non-patrimonial matters, execution may be suspended at the grounded
request of the cassation appellant.
Article 436. Submission of the cassation

(1) The cassation shall be submitted by the persons mentioned in Article 430 under the
requirements laid down in Article 437.
(2) The cassation appellant shall file the cassation with the Supreme Court of Justice, and it
shall provide enough copies for all participants in the proceedings, and upon payment of state
duty in cases provided by law.
Article 437. Content of the cassation application

(1) The cassation application shall include:
a) name of the court to which the cassation is filed;
b) the name, the status of the cassation appellant within the proceedings or of the person
whose interests they represent, their address;
c) name and the address of the respondent;
e) name of the court that issued the resolution within the appeal proceedings, the date of
delivery and the part of the resolution containing the decision of the court, the arguments for
acceptance or rejection of the appeal application, as it might be the case;
f) nature and grounds of cassation, the argument for the illegality of the contested
resolution, the claims and proposals of the cassation appellant;
g) the date of submission of the cassation and the cassation appellant's signature.
(2) The application on cassation shall enclose the proof of payment of the state duty, if the
cassation is subject to a state duty.
(3) If the cassation is filed by a representative, the application on cassation shall enclose
the document, duly notarized, proving its empowerments if such a mandate is missing in the file
case.
Article 438. Returning the cassation application

(1) The application on cassation shall be recorded at the Registry of the Supreme Court of
Justice.
(2) If the application on cassation does not comply with Article 437, the court shall issue
within 5 days a ruling signed by the chairman or the vice chairman of the respective chamber,
returning the application. The ruling is not subject to any remedy.
(21) If exemption, postponement or rescheduling for state duty (with submission of the
supporting documents) was requested the court shall not return the cassation application,
following the panel of 3 judges to issue a ruling that is not subject to remedy deciding on the
request.
(22) If the request on exemption, postponement or rescheduling the payment of state duty
was rejected, the court shall issue a resolution that is not subject to remedy, refusing to comply
with the request, granting the cassation appellant a reasonable term for payment of state duty. If
the applicant meets the requirements provided by the ruling within the due term, the application
shall be considered filed on the date of initial submission. Otherwise, the cassation shall be
returned to the cassation appellant.
(23) If the applicant claims for suspension of the judgment challenged with cassation, the
panel consisting of 3 judges shall decide on the request by issuing a ruling that is not subject to
remedy, within 10 days after submission of the application enclosing the confirmation issued by
the judicial executor on the assurance bail. The ruling on stay shall be immediately sent to the
cassation appellant.
(3) Return of the cassation application does not prevent the right to file for a repeated
cassation application after eliminating all the shortcomings and complying with all the
requirements provided by law.
(4) If the cassation application complies with the requirements stated in Article 437, the
Registry of the Supreme Court of Justice shall record the opening of the cassation proceedings.
Article 439. Preparatory procedural acts

(1) After opening of the cassation proceedings, the Supreme Court of Justice shall require,
within 10 days, the case file from the respective court.
(2) After the case file is received, a panel of 3 judges shall decide on the admissibility of
cassation, require that a copy of the cassation application is delivered to the respondent enclosing
the requirement to file a response within one month as of receipt. Upon failure of respondent to
submit a response within the due term, the court decides upon admissibility of cassation in its
absence.
(3) The judge rapporteur shall check whether the grounds raised in cassation are covered
by the law and gives a verbal report before the judge panel established under paragraph (2).
Article 440. Procedure for dealing with the issue of cassation admissibility
(1) Upon finding the presence of one of the grounds provided for in Article 433, the panel
of 3 judges shall unanimously decide, by a grounded and irrevocable ruling on the
inadmissibility of cassation. The ruling shall be issued according to Article 270 and shall not
include any consideration as to the merits of the cassation.
(11) The ruling on the inadmissibility of cassation shall be published on the website of the
Supreme Court of Justice on the date of issue and shall be sent to all participants in the
proceedings and their representatives.
(2) The admissibility of cassation shall be decided without the presence of participants in
the proceedings or their representatives, by issuing a non-motivated ruling which shall be
mentioned on the website of the Supreme Court of Justice.
Article 441. Proceedings after the recognition of cassation as admissible

In the case of recognition of the cassation as admissible a panel of 5 judges shall examine
the cassation on the merits.
Article 442. Limits of the hearing of cassation

(1) Upon examination of the cassation filed against the resolution issued in appeal, the
court shall, within the limits raised for cassation and based on the response submitted by the
respondent, control the legality of the resolution challenged thereof, without administering new
evidence.
[Letters (3), (4) of Article 442 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
Article 443. Withdrawal of the cassation
(1) Prior to the announcement of the judgment, the cassation appellant is entitled to
withdraw the cassation by filing a respective request in writing. The application on withdrawal of
cassation shall be filed with the court empowered to hear the cassation.
(2) In case of withdrawal of the cassation application, the competent court shall issue an
irrevocable ruling on termination of proceedings.
Article 444. Procedure for hearing the cassation

The cassation is examined without giving notice to participants of a process. The panel
consisting of 5 judges may decide to summon some of the participants or their representatives in
order to hear their arguments concerning the issues of law raised in the cassation application.
Article 445. Authority and decisions of the court

(1) After examining the cassation, the court may:
a) reject the cassation and uphold the resolution issued in appellate court and the judgment
issued in the trial court, and the rulings challenged thereof;
b) admit the cassation, quash in whole or in part the resolution issued on in appellate court
and the judgment issued in the trial court, and make a new judgment;
c) satisfy the appeal, cancel completely ruling made in appellate court and remand the case
for retrial in appellate court in all cases where the judicial error may not be corrected by the court
of cassation;
c1) admit the cassation, quash in whole the resolution issued in appellate court and the
judgment in the trial court, and remand the case for retrial examination (to the court of first level)
only upon finding a violation or erroneous application of procedural rules provided for in letters
d) and f) of paragraph (3) of Article 432. Upon request by the participants in the proceedings the
court of cassation may remand the case for retrial in the cases specified in subparagraph b) of
paragraph (3) of Article 432;
d) admit the cassation, quash the resolution made in appellate court and the judgment
issued in the trial court and terminate the proceedings or strike out the application if the court
finds the grounds stipulated in Articles 265 and 267;
e) admit the cassation; amend the resolution issued in appellate court, and / or the judgment
issued in the trial court;
f) admit the cassation, quash the resolution issued in appellate court and uphold the
judgment issued in the trial court, without amending it.
(2) The judgment or resolution quashed thereof has no legal value and is unenforceable.
Measures of preservation or of enforcement ordered under such a judgment or decision shall lose
effect unless the court of cassation decides otherwise.
(21) In case the dispute is remanded for retrial the court of cassation with the consent of all
participants in the proceedings indicates the procedural documents that remain in force, while all
the others are annulled by virtue of law.
(3) After hearing the cassation, the court issues a ruling that shall be irrevocable from the
moment of its issuance. The ruling is considered to be issued as of its publishing on the webpage
of the Supreme Court of Justice.
(4) A copy of the resolution issued by the court of cassation shall be sent to the parties
within 5 days from the date of its issuance.
Chapter XXXIX
REVISION OF JUDGMENTS
Article 446. Decisions that can be subject to the procedure of revision

Subject to revision under the revision procedure may be the irrevocable judgments, rulings
and resolutions issued by all courts, as provided by this chapter.
Article 447. Persons entitled to file an application for revision

The following are entitled to file an application for revision:
a) the parties and other participants in the proceedings;
b) persons who have not participated in the proceedings, but whose rights are injured by
the court judgment, ruling or resolution;
c) The Government Agent, in the cases provided for in letters g) and h) of Article 449.
Article 448. Courts competent to examine applications for revision

(1) The application for revision of a judgment or ruling, which became irrevocable by
failure to challenge, shall be examined by the court that examined the case on the merits.
(2) The application for revision of a judgment that, after being challenged, is upheld,
amended or quashed with issuance of a new judgment shall be examined by the court that
upheld, amended or issued a new judgment.
(3) Application for revision filed under the grounds specified in letters g) and h) of Article
449 shall be examined in all cases by the Supreme Court of Justice in accordance with the
provisions of Article 453.
(4) The applications for revision against the resolutions issued on appeal in respect of
which the Supreme Court of Justice issued a ruling of inadmissibility shall be examined by the
Supreme Court of Justice.
Article 449. Grounds for the application for revision

The application for revision may be filed if:
a) based on a judgment issued in a criminal case, it was found that there has been
committed a crime in connection with the proceedings;
b) relevant to the case circumstances or facts became known and that previously were not
and could not be known to the applicant, if the latter proves that he has taken all measures to
identify relevant facts and circumstances during the hearing of the previous case;
c) the court has issued a judgment related to the rights of persons that have not been
involved in the proceedings;
e) annulment or amendment of the judgment, resolution or the judgment in a criminal case,

that served as ground for issuance of the judgment or resolution whose revision is requested;
Note: Pursuant to Decision of the Constitutional Court No 16 of 25.06.2013, effective as of 25.06.2013

paragraph 16 of Article XI of Law No 29 of 06.03.2012 shall be declared unconstitutional
[Letter f) repealed by Law No 29 of 06.03.2012, effective as of 13.03.2012]
g) The European Court of Human Rights or the Government of the Republic of Moldova
initiated a settlement procedure on a pending case against the Republic of Moldova;
h) The European Court of Human Rights established in a judgment or the Government
Republic of Moldova made a declaration of acknowledgment of infringement of fundamental
rights and freedoms, which can be repaired, at least in part, by annulment of the judgment issued
by the national court.
Article 450. Terms for filing the application for revision and their calculation
The application for revision shall be filed within the following terms:
a) within 3 months as of the date the judgment in the criminal case becomes irrevocable in
the case specified in letter a) of Article 449;
b) within 3 months as of the date when the person concerned became aware of the
circumstances relevant to the case or facts that were not and could not have been known to it
before but not later than 5 years as of the date the judgment, ruling or resolution became
irrevocable in the case specified in letter b) of Article 449;
c) within 3 months as of the date when the person concerned became aware of the relevant
circumstances in the case specified in letter c) of Article 449;
d) within 3 months as of the date the person concerned has learned about the annulment or
amendment of the judgment, ruling or resolution that served as ground for issuance of the
judgment or resolution whose revision is required in the case specified in letter e) of Article 449,
that gave rise to the judgment or decree, which requires revision;
e) within the term that the settlement procedure at the European Court of Human Rights, in
the case specified in letter g) of Article 449;
f) within 6 months as of the date the European Court of Human Rights issues the judgment
or the resolution, in the case specified at letter h) of Article 449.
Article 451. Submission of the application for revision

(1) The application for revision shall be filed in writing by the persons indicated in Article
447, mandatory indicating the grounds specified in Article 449, and enclosing the evidence
proving the grounds.
(2) The application for revision shall be filed with the competent court as provided for in
Article 448.
(4) Repeated submission of the application for revision on the same grounds is not allowed.
(5) The court examining the revision is entitled to stay the enforcement of the judgment
whose revision is required provided that an assurance bail is submitted as provided in Article
435.
Article 452. Examination of the application for revision

(1) The court shall examine the application for revision in a public hearing in accordance
with the rules established for the examination of an application for a civil action.
(2) The hearing is limited to the admissibility of the procedure for revision and the facts on
which it is grounded.
(3) Participants in the proceedings are duly notified of the place, date and time of the
hearing. However, failure to show up to the hearing does not preclude the examination of the
application for revision.
Article 453. Authority and decisions of the court of revision

(1) After examination of the application for the revision, the court shall make one of the
following decisions:
a) ruling to reject the application for revision as inadmissible;
b) ruling to admit the application for revision and quash the judgment or resolution subject
to revision.
(2) The ruling on acceptance of the application for revision shall be made in the
deliberation room and is subject to remedy together with the merits in accordance with law.
(3) Ruling on rejection of the application for revision may be contested with cassation to
the superior court, except in cases where the application for revision falls in the jurisdiction of
the Supreme Court of Justice.
(4) In case of revision of a judgment or ruling that has not been examined on cassation, the
application shall be examined by the court that admitted the revision, after the quash of the
judgment or ruling, under the general procedure established by the present code.
(5) In case of revision of a judgment that has been examined on cassation and for which
remedy of appeal is not provided, after the quash of the relevant judgment, the case shall be
remanded for retrial to the court that issued the judgment, or, as appropriate, to the court of
cassation.
(6) In case of revision of a judgment that has previously been examined in appeal and
cassation the case shall be remanded for retrial, as appropriate, in the court of appeal, the court of
cassation, or in the trial court.
(7) In the result of examining the case, after accepting the application for revision, the
court shall issue a judgment that can be challenged in the manner provided by law for the
judgment under revision.
TITLE IV
PROCEEDINGS IN CASES HAVING
A FOREIGN ELEMENT
Chapter XL
GENERAL PROVISIONS
Article 454. Procedural rights and obligations of foreigners

(1) Foreign citizens and persons without citizenship, foreign organizations and
international organizations (hereinafter called foreign persons) are entitled to address the courts
of the Republic of Moldova in order to protect their rights, freedoms and legitimate interests and
benefit in front of courts of the Republic of Moldova of equal procedural rights and have equal
obligations as the citizens and organizations of the Republic of Moldova, as provided by the law.
The foreign plaintiff may not be required to submit a bail or any other warranty for the reason of
being a foreigner or for not having its domicile or registered address in the Republic of Moldova.
(2) The Government of the Republic of Moldova may establish retorsion against the
citizens of the countries where the law provides restrictions on the procedural rights of Moldovan
citizens and organizations.
Article 455. Procedural legal capacity and procedural active capacity of foreigners
and persons without citizenship
(1) The procedural legal capacity and procedural active capacity of foreigners and persons
without citizenship is governed by their national law.
(2) The national law of the foreigner is the law of the state whose citizenship he / she
holds. If the citizen is simultaneously holding the Moldovan citizenship and the citizenship of
another state, his / her national law shall be deemed to be the law of the Republic of Moldova. If
the person holds citizenship of several states, the national law is considered the law of the
domicile. If the foreigner has domicile in the Republic of Moldova, his / her national law is
considered the law of the Republic of Moldova.
(3) The national law of the person without citizenship is considered to be the law of the
domicile.
(4) The person who, under the national law, does not benefit from the ability to exercise his
procedural rights may be recognized on the territory of the Republic of Moldova, as having legal
capacity if, under the Moldovan laws, the person concerned has the ability to exercise these
rights.
Article 456. Legal capacity of foreign organization and international organizations

(1) The national law of a foreign organization is the law of the state where it is created. The
legal capacity of a foreign organization shall be determined under its national law.
(2) The foreign organization which, under the national law, has no legal capacity may be
recognized as having such capacity in the Republic of Moldova, in accordance with its law.
(3) The legal capacity of an international organization is determined under the international
agreement based on which it was created, documents of incorporation or the agreement with the
competent authorities of the Republic of Moldova.
Article 457. Actions filed against other states and international organizations. The
diplomatic immunity
(1) The filing of an action in a court of the Republic of Moldova against another state,
involvement thereof in the proceedings under the status of a respondent or third party, the seizure
of its property located in the Republic of Moldova or institution of other measures of
preservation against its property, or seizure under the proceedings on judgment enforcement shall
be done only with the consent of the competent authorities of the respective State, if the national
law or the international treaty to which the Republic of Moldova is a party provides otherwise.
(2) In civil proceedings, the international organizations fall under the jurisdiction of the
courts of the Republic of Moldova within the limits set by the international treaties and the laws
of the Republic of Moldova.
(3) In civil proceedings, the diplomatic representatives of other states accredited to the
Republic of Moldova and other persons mentioned in the international treaties or the laws of the
Republic of Moldova, are subject to the jurisdiction of the courts of the Republic of Moldova
within the limits set by the international law or by the international treaties to which the Republic
Moldova is a signatory.
Article 458. Applicable law, rules of evidence in civil trials with foreign element
(1) In civil proceedings having a foreign element, the courts from the Republic of Moldova
apply the procedural law of the country, if it has not explicitly stated otherwise.
(2) The subject and the ground of the civil proceedings having a foreign element are
determined by the law governing the substance of the disputed legal relationship. The same law
determines the procedural status of the parties.
(3) The means of evidence to prove the existence of a legal act and the proving value of the
written document that it states, are those provided by the law of the place where it was entered
into or the law chosen by the parties if they are vested with the right to choose.
(4) The proof of the facts shall be done under the law of the place where it occurred.
However, it is possible to apply the law of the Republic of Moldova if it allows for means of
evidence, other than those specified in paragraph (3).
(5) Proof of marital status and the proving value of the documents on the civil status are
regulated by the law of the place where the document concerned was entered.
(6) The court shall administer the evidence in accordance with the law of the Republic of
Moldova.
Chapter XLI
JURISDICTION OF THE COURTS OF THE REPUBLIC OF MOLDOVA
IN MATTERS HAVING FOREIGN ELEMENTS
Article 459. Application of the rules on jurisdiction

(1) The courts in the Republic of Moldova, under this chapter have jurisdiction to hear civil
disputes between one party from the Republic of Moldovan and a foreign party or only between
foreigners.
(2) Unless this chapter provides otherwise, the jurisdiction of courts in the Republic of
Moldova to hear civil matters having a foreign element, is established in accordance with the
provisions of Chapter IV.
(3) The courts in the Republic of Moldova have jurisdiction to hear the matters having a
foreign element, if the respondent that is a foreign organization has its headquarters or the
defendant that is a foreign citizen, has its domicile in the Republic of Moldova.
(4) The court in which an action is brought, shall check on its own imitative, whether it has
jurisdiction to hear the case having a foreign element, and upon finding that the case falls out of
its jurisdiction and the jurisdiction of another court from the Republic of Moldova, shall reject
the claim.
Article 460. Jurisdiction of courts in the Republic of Moldova for matters having a
foreign element
(1) The courts in the Republic of Moldova have also jurisdiction to examine lawsuits
having a foreign element if:
a) The managing body or a branch, agency, the representative office of a foreign entity is
located in the Republic of Moldova;
b) the respondent has property in the Republic of Moldova;
c) in cases of alimony and paternity the plaintiff has his domicile in the Republic of
Moldova;
d) damage caused by injury or other impairment of health or death occurred on the territory
of the Republic of Moldova or the plaintiff has his/her domicile in the Republic of Moldova;
e) the action or other circumstances that served as ground for making a claim for damages
caused to property occurred on the territory of Republic of Moldova;
f) the claim arises from a contract under which a full or partial enforcement is to occur or
has occurred on the territory of the Republic of Moldova;
g) the claim results from unjust enrichment which has occurred on the territory of Republic
of Moldova;
h) in case of divorce, the plaintiff has his/her domicile in the Republic of Moldova, or at
least one spouse is a citizen of the Republic of Moldova;
i) in case of protection of honor, dignity and professional reputation the plaintiff has his/her
domicile in the Republic of Moldova;
j) in cases concerning the protection of intellectual property abroad of a person domiciled
in the Republic of Moldova, if the person is a citizen of the Republic of Moldova or a person
without citizenship, if the parties did not agree otherwise;
k) the trial between foreign entities if the parties expressly agreed so, and legal
relationships refer to rights that they may have in respect of property or interests of individuals
from the Republic of Moldova;
l) other cases provided by law.
(2) If a foreign court stated that it has no jurisdiction to hear the application filed by a
citizen of the Republic of Moldova, the application may be submitted to the competent court in
the Republic of Moldova.
Article 461. Exclusive jurisdiction of the courts in the Republic of Moldova for
matters having a foreign element
(1) The courts in the Republic of Moldova have exclusive jurisdiction on matters having a
foreign element if:
a) the claim follows from the right to immovable property located on the territory of the
Republic of Moldova;
b) the insured property or place of occurrence of the insured risk is in the Republic of
Moldova;
c) the claim follows from a carriage agreement, and the carriers or the points of
embarkation and disembarkation are located in the Republic of Moldova;
d) the claim relates to the collision of ships or aircrafts, as well as to the assistance
provided to or rescue of persons or property on the high seas, if the ship or aircraft belongs to the
Republic of Moldova or the destination or the first port or airport, where the ship or the aircraft
arrived, are located on the territory of Republic of Moldova;
e) the ship or the aircraft was seized in the Republic of Moldova;
f) the purpose of the proceedings is the commencement of insolvency or of any other
proceedings on termination of payments in respect to a foreign business entity, headquartered in
the Republic of Moldova;
g) if on the date of submission of the application on termination, cancellation or
invalidation of marriage, as well as other disputes between spouses, except for those related to
real estate located abroad, both spouses are domiciled in the Republic of Moldova and one of
them is a citizen of the Republic of Moldova or a person without citizenship;
h) the last domicile of the deceased or his/her property is located in the Republic of
Moldova.
(2) The courts in the Republic of Moldova hear cases under the rules governing the special
proceedings, if:
a) the applicant that wants to establish a fact having legal relevance is domiciled in the
Republic of Moldova or the fact occurred or is occurring on the territory of Republic of
Moldova;
b) the person in whose respect a question is being raised on the following: approval of
adoption (adoption), recognition of a minor’s full legal capacity (emancipation), recognition as
incapable or incompetent, approval of forced hospitalization and forced treatment, psychiatric
hospitalization or prolongation of hospitalization without consent, is a citizen of the Republic of
Moldova, or is domiciled in the Republic of Moldova;
c) the person in whose respect a question is being raised on the following: recognition as
missing or deceased, is a citizen of the Republic of Moldova or his/her last known domicile is in
the Republic of Moldova and the resolution of this issue entails emergence of rights and
obligations for individuals or organizations domiciled or headquartered on the territory of the
d) an application was filed for invalidation of lost securities to bearer note or order
securities notes issued by a natural person or to a natural person domiciled in the Republic of
Moldova, or issued by an organization or to an organization headquartered in the Republic of
Moldova, or an application for recovery of rights arising from lost securities to bearer and order
securities notes (call procedure);
e) application on recognition of a movable property as ownerless that is located on the
territory of the Republic of Moldova, or an application for recognition of municipal ownership
over the ownerless real estate located on the territory of Republic of Moldova;
f) application on finding incorrect entries in the registers of civil status, recorded by the
civil status registering office of the Republic of Moldova, in respect to a citizen of the Republic
of Moldova or a person without citizenship;
g) the application is to challenge a notarized document or a document issued by another
authority from the Republic of Moldova, or refusal to fulfill a document.
(3) The jurisdiction of the courts in the Republic of Moldova, established by this article and
Article 460, is not ruled out if the same case or a related case was filed with a foreign court.
Article 462. Contractual jurisdiction in cases having a foreign element

(1) In a civil dispute, having a foreign element, the parties may change the jurisdiction of
the dispute before opening of the proceedings and may give jurisdiction to a specific court
(jurisdiction by agreement).
(2) Jurisdiction for matters having a foreign element stated in articles 33, 34, 36 and 40,
may not be changed by agreement of the parties.
Article 463. Immutability of venue

The case retained for examination by the court of the Republic of Moldova, in compliance
with the rules of jurisdiction, shall be examined on the merits, even if later due to change of
citizenship, domicile or headquarters of the parties or other circumstances the case falls in the
jurisdiction of a foreign court.
Article 464. Effects of foreign judgments
(1) The court of the Republic of Moldova rejects the application without examination or
terminates the proceedings if there is a judgment in a dispute between the same parties on the
same subject and on the same grounds, issued by the court of a foreign country with which the
Republic of Moldova has concluded an international treaty providing for the reciprocal
recognition and enforcement of judgments, or if recognition and enforcement of judgments is
made pursuant to the principle of reciprocity.
(2) The court of the Republic of Moldova shall return or strike out the application if an
action on the dispute between the same parties on the same subject and on the same grounds has
previously been filed with the foreign court, whose decision is to be recognized or enforced on
the territory of the Republic of Moldova.
Article 465. Rogatory

(1) The courts of the Republic of Moldova perform the delegations given to them by
foreign courts on undertaking of certain proceedings (handing the summons and other
documents, obtaining explanations of the parties, the testimony of witnesses, expertise reports,
inspections on the spot, and measures of preservation, etc.).
(2) The rogatory by a foreign court on performance of certain proceedings is not
enforceable if:
a) the execution of the order is contrary to the state sovereignty or threatens the safety of
the Republic of Moldova;
b) execution of the order falls out the jurisdiction of the courts.
(3) Execution of orders of foreign courts is performed in the manner provided by the
legislation of the Republic of Moldova, unless otherwise stipulated by international treaties, to
which the Republic of Moldova is a signatory.
(4) The courts in the Republic of Moldova may delegate to foreign judicial authorities the
performance of certain proceedings. The order of interrelations between the courts of the
Republic of Moldova and foreign courts is determined by the legislation of the Republic of
Moldova or international treaty to which it is a party.
Article 466. Recognition of documents issued, drawn or certified by foreign

competent authorities
(1) The official documents issued, drawn or certified under the foreign legislation and in
the prescribed form by foreign competent authorities outside the territory of the Republic of
Moldova in respect to citizens or organizations of the Republic of Moldova, or foreign persons
may be submitted with the courts of the Republic of Moldova only if duly supralegalized
hierarchically by the competent administrative authority and then by the diplomatic missions or
consular offices of the Republic of Moldova.
(2) Administrative supralegalization is subject to the procedure provided by the legislation
of the issuing state, and is followed by the supralegalization carried out either by a diplomatic
mission or consular office of the Republic of Moldova on the territory of the issuing state, or by
the diplomatic mission or consular office of the issuing state on the territory of the Republic of
Moldova, and subsequently, in both cases, by the Ministry of Foreign Affairs of the Republic of
Moldova.
(3) The supralegalization of documents drawn or legalized by the courts of the Republic of
Moldova is carried out, on behalf of the Moldovan authorities, by the Ministry of Justice and the
Ministry of Home Affairs.
(4) The official documents issued on the territory of a state party to an international treaty,
to which the Republic of Moldova is also a party, are recognized as written evidence in the courts
of the Republic of Moldova without legalization.
(5) The documents entered in a foreign language shall be submitted with the Moldovan
courts in Moldovan language with a certified translation in the prescribed manner.
Chapter XLII
RECOGNITION AND ENFORCEMENT
OF FOREIGN JUDGMENTS AND ARBITRAL AWARDS
Article 467. Recognition and enforcement of foreign judgments

(1) The judgments issued by foreign courts (including settlement agreements) shall be
recognized and enforced rightfully in the Republic of Moldova, if it is stipulated by international
treaties to which the Republic of Moldova is a party or under the principle of reciprocity in
regard to the effects of foreign judgments.
(2) In this chapter, the judgment of a foreign court means the judgment issued in a civil
matter, by lower court or a specialized court on the territory of a foreign state.
(3) The judgment issued by a foreign court may be submitted for enforcement in the
Republic of Moldova within 3 years of entry into force of the judgment in accordance with the
law of the issuing state. The court of the Republic of Moldova, may dispose reinstatement of
term if omitted under Article 116.
(4) The foreign judgments under which the courts ordered preservation measures, and
those ordering temporary enforcement may not be enforced on the territory of the Republic of
Moldova.
Article 468. Application for recognition of a foreign judgment

The foreign judgment that failed voluntary enforcement may be enforced on the territory of
the Republic of Moldova at the request of the creditor, based on the approval of the court in the
district where the judgment must be enforced. If the debtor does not have his/her domicile or
place of stay in the Republic of Moldova, or if the domicile is not known, the judgments shall be
enforced at the location of his property.

(1) The application on recognition of a foreign judgment shall contain:
a) the name of the creditor, as well as his representative if the application is filed by a
representative, place of residence or domicile;
b) the name of the debtor, place of residence or domicile;
c) request for permission to enforce the judgment, the term for enforcement.
(2) In order to properly and rapidly solve the case, the application may also include phone
numbers, fax numbers, email addresses and other information.
(3) The application shall enclose the documents specified by the international treaty to
which the Republic of Moldova is a party. If an international agreement stipulates no such
documents, the application shall enclose:
a) a copy of the foreign judgment whose approval for enforcement is required, duly
certified by the issuing court;
b) the official document confirming that the foreign judgment becomes final under the law
of the issuing state, if the judgment does not entail this fact;
c) the document confirming that the party against whom the judgment was issued, although
duly summoned, did not participate in the trial;
d) the document confirming enforcement of judgment on the territory of the respective
state.
(4) Documents provided for in letter a), b) and d) of paragraph (3), shall be submitted
along with a certified translation in the Moldovan language and supralegalized, as provided in
Article 466. Supralegalization is not required if the parties agree with the submission of
documents in the form of certified copies.

(1) The court shall examine application on recognition of a foreign judgment after
summoning the debtor about the place, date and time of the hearing. Failure of the debtor to
participate due to unjustified reasons does not preclude examination of the application.
(11) The court, examining the application on recognition of a foreign judgment, must
immediately inform the Ministry of Justice and, if necessary, the National Bank of Moldova,
when it comes to one of their licensed financial institution, with the transmission of the
application and of the attached documents. Participation of the representative of the Ministry of
Justice and, if necessary, of the National Bank of Moldova at the hearing of the application on
recognition of a foreign judgment is mandatory. The absence of the representative of the Ministry
of Justice and, if necessary, of the National Bank of Moldova, does not preclude examination of
the case.
(2) The court may satisfy the grounded request of the debtor to postpone the hearing of the
application, duly notifying him about it.
(3) After hearing the explanation of the debtor and examining the evidence submitted, the
court shall issue a ruling on the enforcement of the foreign judgment or rejecting enforcement.
(4) If a foreign judgment contains decisions on various claims that can be separated,
enforcement approval may be given for each of them separately.
(5) When hearing an application for recognition of a foreign judgment, the court in which
recognition is required may, if necessary, demand an explanation from the person, who filed the
application for recognition, interrogate the debtor, file a petition or request an explanation from
the court that issued the judgment.
(6) Provided that the court of the Republic of Moldova shall verify the requirements
stipulated by the law to allow enforcement of a foreign judgment, the Moldovan court may not
review the foreign judgment on the merits or amend it.
(7) Based on the foreign judgment and the ruling, after both became irrevocable, the court
issues a writ of execution that shall be transmitted to the judicial executor appointed by the
creditor. If the judicial executor has not been appointed, the provisions of Articles 15 and 30 of
the Enforcement Code shall apply.
Article 471. Refusal to approve enforcement of foreign judgment

(1) Refusal to allow enforcement of a foreign judgment is permitted in the cases where:
a) if the judgment, under the legislation of the issuing state, has not become irrevocable or
is not enforceable;
b) the party against whom the judgment was issued, was not given the opportunity to
participate in the hearing, due to the fact that it was not duly notified of the place, date and time
of the hearing;
c) examination of the case falls within the exclusive jurisdiction of the courts of the
d) there is a judgment, including the one which did not become final, issued by a court in
the Republic of Moldova, in a dispute between the same parties on the same subject and on the
same grounds, or under the examination of a Moldovan court there is dispute between the same
parties on the same subject and on the same grounds, as of date the foreign court has been
notified;
e) the enforcement of the judgment could cause harm to the sovereignty or would threaten
the security of the Republic of Moldova or would be contrary to the public order of the Republic
of Moldova;
f) the deadline for submission the judgment for enforcement has expired and the Moldovan
court refused to satisfy the creditor’s request for reinstatement of the term;
g) the foreign judgment is the result of a fraud committed under the proceedings abroad;
h) the judgment orders the transfer of the shares of a licensed bank in the Republic of
Moldova. In this case, the recognition of enforcement of foreign judgment shall be allowed only
with the permission of the National Bank of Moldova, confirming the right to hold a significant
share in the authorized capital of the bank or the conclusion of the National Bank of the
possibility of holding shares without prior permission.
(2) The court shall send the copy of the ruling issued under paragraph (3) of Article 470, to
the creditor and the debtor within 3 days from the date of issuance. The ruling may challenged to
a higher court under the terms established by the present code.
Article 472. Recognition of foreign judgments which does not require enforcement
(1) The foreign judgment, which does not require enforcement, shall be recognized without
further proceedings, if the interested party did not file any objections against it.
(2) Any interested person may, within one month after becoming aware of the receipt of the
foreign judgment, file with the court at the place of domicile or headquarters any objections in
respect to the recognition of the judgment.
(3) Objections filed against the recognition of foreign judgments shall be examined under a
public hearing and with the duly notification of the interested person of the place, date and time
of the hearing. Failure of the interested person to participate in the hearing without grounded
reason does not preclude examination of the objections.
(4) The court may satisfy the grounded request of the person concerned to adjourn
examination of objections, notifying him about the adjournment.
(5) Upon examination of objections to the recognition of a foreign judgment, the court
shall issue a ruling.
(6) The copy of the court ruling shall be sent within 5 days from the date of its adoption, to
the person at whose request the foreign judgment was issued and to the person objecting to the
recognition of the judgment. The ruling may be challenged to a higher court under the terms
established by the present code.
Article 473. Refusal of recognition of foreign judgment
Refusal to recognize a foreign judgment, which does not require enforcement, is allowed
on the grounds specified in paragraph (1) of Article 471.
Article 474. Recognition of foreign judgments, which do not require further

proceedings
In the Republic of Moldova, the following foreign judgments which by their nature do not
require further proceedings shall be recognized:
a) judgment concerning the civil status of a citizen of the state issuing the judgment or if
issued by a third country it was first recognized in the state where each party has its nationality;
b) the decision on cancellation, revocation or invalidation of marriage, as well as other
disputes between spouses, except that concerning the real estate located abroad, between a
citizen of the Republic of Moldova and a foreign national, if on the date of divorce at least one of
the spouses was domiciled abroad;
c) the judgments on cancellation, revocation or invalidation of marriage between citizens
of Republic of Moldova, at the date of divorce, if on the date of divorce both spouses were
domiciled abroad;
d) other judgments provided by the legislation of the Republic of Moldova.
Article 475. Recognition and enforcement of foreign arbitral awards

(1) The provisions of Article 469, except for paragraph (3); Articles 470, 471, except for
letter a), b), c), d) and f); and paragraph (1) of Article 472 shall apply accordingly to the
recognition and enforcement of foreign arbitral awards.
(2) The party applying for recognition or enforcement of a foreign arbitral award shall
submit with the court the original award or a certified copy thereof, and the original arbitration
agreement or a duly certified copy thereof. If the award or arbitration agreement is issued in a
foreign language, the party must submit a duly certified translation of these documents in the
Moldovan language.
Article 476. Refusal of recognition and enforcement of foreign arbitral awards

(1) The application on recognition and enforcement of a foreign arbitral award may be
refused, at the request of the party against whom it is filed, if that party submits to the competent
court in which recognition and enforcement is sought, evidence that:
a) one of the parties to the arbitration agreement was under some incapacity or the said
agreement is not valid under the governing law or, in the absence of such evidence, that it is
illegal under the law of the country where the award was issued;
b) the party against whom the award is issued was not duly notified on the appointment of
the arbitrator or of the arbitration proceedings or was otherwise unable to present evidence or to
testify to the arbitration;
c) the award deals with an issue falling outside the arbitration agreement or not falling
within the terms of the arbitration agreement;
d) the award contains provisions on matters beyond the scope of the arbitration agreement,
provided, however, that if the provisions on matters beyond the scope of the arbitration
agreement can be separated from those comprised by it, that part of the award, which contains
provisions on matters submitted to arbitration may be recognized and enforced;
e) the arbitration tribunal or the arbitration procedure was not consistent with the
agreement of the parties or in the absence thereof does not comply with the law of the country
where the arbitration took place;
f) the award has not yet become binding on the parties or has been set aside or the
enforcement has been suspended by the court of the country in which the award was issued or
under the law it was issued.
(2) The court shall also refuse recognition and enforcement of a foreign arbitration award if
it finds that the object of the dispute cannot be subject to arbitration under the law of the
Republic of Moldova or the recognition or enforcement of the award would be contrary to the
public order of the Republic of Moldova.
(3) If an application on setting aside or suspension of enforcement of an award has been
filed, the court in which recognition or enforcement is sought may postpone its judgment on the
application, if it deems it appropriate.
TITLE V
CHALLENGING ARBITRATION AWARDS IN COURTS AND GRANTING
THE WRIT OF EXECUTION ON ARBITRAL AWARDS
Chapter XLIII
CHALLENGING ARBITRATION AWARDS IN COURTS PROCEEDINGS
Article 477. Challenging arbitration awards

(1) The arbitral award made on the territory of the Republic of Moldova may be challenged
in court by the parties to the arbitration proceedings, filing an application for annulment of the
arbitral award under Article 479.
(2) The parties may not waive the right to challenge the arbitral award in court under the
arbitration agreement. Waiver of this right may be claimed after the tribunal issues the award.
(4) The application for annulment of the arbitral award is subject to state duty in the
amount prescribed by law for the application for granting of a writ of execution.

(1) The application for annulment of the arbitral award shall be filed in writing and signed
by the party who challenges the award or its representative.
(2) The application for annulment of the arbitral award shall contain:
a) name of the court to which the application is submitted;
b) the name and composition of the arbitral tribunal which made the award;
c) the name or names of the parties to the arbitration, their place of residence or domicile;
d) place and date of the award of the arbitral tribunal;
e) the date of delivery of the award of the party who filed the application on annulment;
f) the request of the interested party for annulment of the arbitral award and the grounds for
challenging the award.
(3) The application may also include telephone and fax numbers, email addresses and other
information.
(4) The application for annulment of the arbitral award shall enclose:
a) the original version of the arbitral award or a duly certified copy. Copy of the award
made by a permanent arbitration court shall be certified by its chairman, and the copy of the
award made by an ad-hoc arbitration court must be notarized;
b) the original arbitration agreement or a duly certified copy thereof;
c) documents justifying the application to annul the arbitral award;
d) a document confirming payment of the state duty;
e) copy of the application for annulment of the arbitral award;
f) power of attorney or other document certifying empowerments of the person signing the
application.
(5) The application for annulment of the arbitral award, filed in violation of the
requirements of this article, shall be returned to the applicant or left without movement in
accordance with Articles 170 and 171.

(1) The application for annulment of the arbitral award shall be examined by the court not
later than one month from the date of submission with the court, under the rules established by
the present code.
(2) When preparing the case for hearing, at the request of both parties to the dispute, the
judge may require the arbitral tribunal, under the rules provided by the present code for evidence
claim, to submit the case file and the original version of the arbitral award.
(3) The parties to the arbitration proceedings shall be duly notified of the place, date and
time of the hearing, but their absence does not preclude the court proceedings.
(4) During the hearing, while examining the evidence submitted by the parties in support of
their claims and objections, the court determines the presence or absence of grounds for
annulment of the arbitral award provided for in Article 480.
Article 480. Grounds for annulment of the arbitral award

(1) The arbitral award shall be annulled only in cases provided for in this Article.
(2) The arbitral award shall be annulled only if the party requesting the annulment of the
award shall submit with the court evidence proving that:
a) the dispute examined by the arbitral tribunal cannot be, by virtue of law, the subject of
arbitration proceedings;
b) the arbitration agreement is not valid under the law;
c) the arbitral award does not contain the operative part and the grounds, it does not
indicate the place and date of its adoption or it is not signed by the arbitrators;
d) the operative part of the arbitral award contains provisions that cannot be fulfilled;
e) the composition of the arbitral tribunal or the procedure does not comply with the
arbitration agreement;
f) the interested party has not been duly notified of the election (appointment) of the
arbitrators or of the arbitration court proceedings, including the place, date and time of the
hearing, or for other valid reasons was not able to participate in the hearing;
g) the arbitration court ruled on a dispute not covered by the arbitration agreement or not
falling within the terms or arbitral agreement or the award contains provisions on matters beyond
the scope of the arbitration agreement. If the provisions on issues covered by the arbitration
agreement can be separated from those not covered thereof, the court may annul only that part of
the arbitral award, which contains provisions on matters not covered by the arbitration
agreement;
h) The arbitral award violates the basic principles of the law of the Republic of Moldova or
the good morality.
Article 481. Court ruling on the question of challenging the arbitral award
(1) After examining the application for annulment of the arbitral award, the court shall
issue a ruling on the full or partial annulment of the arbitral award or the refusal to annul the
award.
(2) The court ruling on the question of challenging the arbitral award shall contain:
a) details of the arbitral award subject to challenge and the place it was made;
b) The name and personal composition of the arbitral tribunal which made the challenged
award;
c) the name or names of the parties to the arbitration proceedings;
d) an indication of the full or partial annulment of the arbitral award or the denial to satisfy
the in whole or in part the application.
(3) Whole or partial annulment of the arbitral award does not preclude the right of the
parties to the arbitration proceedings to revert to an arbitration court to resolve the dispute,
except where the dispute cannot be subject of arbitration proceedings, or to file an action in court
under the rules established by the present code.
(4) If the arbitral award is annulled in whole or in part because of the avoidance of the
arbitration agreement or if the award was made on a dispute not covered by the arbitration
agreement or falls outside the requirements of the arbitration agreement, or solves matters
beyond the scope of the arbitration agreement, the parties to the arbitration proceedings may file
an action in court, according to the general rules established by the present code.
(5) The court ruling regarding the annulment of the arbitral award or refusal of annulment
may be challenged in the manner and within the timeframe established by the present code.
Chapter XLIV
PROCEEDINGS CONCERNING ISSUANCE OF WRITS OF EXECUTION
FOR ENFORCEMENT OF ARBITRATION AWARDS
Article 482. Granting of a writ of execution

(1) The question on granting a writ of execution for the arbitral award is examined by the
court at the request of the parties to arbitration in favor of whom the award was made.

(1) The application for issuance of a writ of execution to enforce the arbitral award is made
in writing by the party in favor of whom the award is made or by its representative.
(2) The application for issuance of a writ of execution to enforce the arbitral award shall
include:
a) name of the court to which the application is submitted;
b) the name and personal composition of the arbitral tribunal which made the award;
c) the name or names of the parties to the arbitration proceedings, their domicile or place of
residence;
d) place and date of the arbitral award;
e) the date of receipt of the award by the party filing the application;
f) the request of the party, in favor of whom the award was made to issue a writ of
execution to enforce the arbitral award.
(3) The application may also include telephone and fax numbers, email addresses and other
information.
(4) The application for the issuance of a writ of execution shall enclose:
a) the arbitral award in or a duly certified copy. Copy of the award made by a permanent
arbitration court is certified by its chairman, and the copy made by the ad-hoc arbitration court
must be duly notarized;
b) the original arbitration agreement or a duly certified copy thereof;
c) a document confirming payment of the state duty;
d) a copy of the application for issuance of a writ of execution;
e) the power of attorney or other document certifying empowerments of the person signing
the application.
(5) The application for issuance of a writ of execution filed in violation of the requirements
of this article and Article 482 shall be returned to the applicant or left without movement in
accordance with Articles 170 and 171.

(1) Application for issuance of a writ of execution to enforce the arbitral award shall be
examined not later than one month from the date the application was filed with the court
considered under the rules of this code.
(2) When preparing the case for hearings, at the request of both parties to the arbitration
proceedings, the judge may require the arbitral tribunal to provide the case files, on the basis of
which the issuance of a writ of execution is required, under the rules provided by the present
code for discovery of the evidence.
(3) The parties shall be duly notified of the place, date and time of the hearing. However,
their absence does not preclude the court proceedings.
(4) During the hearing, after examining the evidence submitted by the parties to support
their claim, the court determines the presence or absence of the grounds stated in Article 485, for
refusal to issue a writ of execution.
(5) If there is a pending application for annulment of the arbitral award in the court
specified in paragraph (3) of Article 477, the court which examines an application for issuance of
a writ of execution on the basis of this ward, may, if it deems it reasonable, postpone the
examination of the application for a writ of execution, and at the request of the party filing the
application for issuance of a writ of execution, may require the opposing party to ensure the
potential damages under the rules established by the present code.
Article 485. Grounds for refusal to issue a writ of execution

(1) The court shall refuse to issue a writ of execution to enforce the arbitral award only in
cases where the party against whom the award is made submits to the court evidence proving
that:
a) the arbitration agreement is not valid under the law;
b) the party of the arbitration was not duly notified about the election (appointment) of the
arbitrators or the arbitration proceedings, including the place, date and time of the hearing, or for
other valid reasons was not able to present his case to the arbitration court;
c) the arbitral tribunal ruled on a dispute not covered by the arbitration agreement or not
falling within the terms of the arbitral agreement or the award contains provisions on matters
beyond the scope of the arbitration agreement. If the provisions on issues covered by the
arbitration agreement, can be separated from those not covered thereof, the court shall issue a
writ of execution in respect of that part of the arbitral award, which contains provisions on
matters covered by the arbitration agreement;
d) the composition of the arbitral tribunal or the proceedings for arbitration hearings did
not meet the requirements stated by the arbitration agreement or the law;
e) the arbitral award has not become binding on the parties to the arbitration or the award
was annulled in accordance with the law under which it was made.
(2) The court shall also refuse to issue a writ of execution, if it finds that the dispute
examined by the arbitral tribunal cannot be subject to arbitral proceedings by virtue of law, and if
the arbitral award violates the basic principles of the law of the Republic of Moldova or the
principles of morality.
Article 486. Court ruling on the question of issuance of a writ of execution

(1) After examining the application for issuance of a writ of execution to enforce the
arbitral award, the court shall pass a ruling on issuance of a writ of execution or refusal to grant
it.
(2) The ruling of the court to grant a writ of execution to enforce the arbitral award shall
contain:
a) the name and personal composition of the arbitral tribunal which made the award;
b) the name or names of the parties to the arbitration proceedings;
c) information about the arbitral award, the writ of execution for enforcement of which is
being requested by the applicant; and the place it was made;
d) an indication of the grant of the writ of execution to enforce the arbitral award or refusal
to grant it.
(3) Refusal to issue a writ of execution does not preclude the right of the parties to the
arbitration proceedings to revert to an arbitration court to resolve the dispute, if such possibility
have not been exhausted, or file an action in court under the general rules.
(4) If the arbitral award is annulled in whole or in part because of the invalidity of the
arbitration agreement or if the award was made on a dispute not covered by the arbitration
agreement or falls outside the requirements of the arbitration agreement, or solves matters
beyond the scope of the arbitration agreement, the parties to the arbitration proceedings may file
an action in court, according to the general rules established by the present code
(5) The ruling of the court issued in accordance with the provisions of paragraph (1) may
be challenged in a superior court in the manner and within the timeframe established by the
present code.
THE CHAIRMAN OF THE PARLIAMENT Eugenia OSTAPCIUC
Chisinau, 30 May 2003

No 225-XV.
________________
* * Amended by laws of the Republic of Moldova:
1) Decision of the Constitutional Court No 2 of 19.02.2004 – Official Gazette of the Republic of Moldova, 2004,
№ 39-41, ст.9
2) Law No 399-XV of 16.10.2003 – Official Gazette of the Republic of Moldova, 2003, No 221, ст.860
3) Law No 544-XV of 19.12.2003 – Official Gazette of the Republic of Moldova, 2004, No 6, ст.66
4) Law No 573-XV of 26.12.2003 – Official Gazette of the Republic of Moldova, 2004, No 56-60, ст.320
5) Law No 303-XV of 23.09.2004 – Official Gazette of the Republic of Moldova, 2004, No 182-185, ст.814
6) Law No 60-XVI of 28.04.2005 – Official Gazette of the Republic of Moldova, 2005, No 92-94, art.431
16) Law No 281-XVI of 14.12.2007 – Official Gazette of the Republic of Moldova, 2008, No 102, art.376
19) Law No 108-XVIII of 17.12.2009 – Official Gazette of the Republic of Moldova, 2009, No 193-196, cт.609
20) Law No 107 of 04.06.2010 – Official Gazette of the Republic of Moldova, 2010, No 126-128, art.404
25) Law No 140 of 28.07.2011 – Official Gazette of the Republic of Moldova, 2011, No 146, art.446
29) Decision of the Constitutional Court No 3 of 09.02.2012 – Official Gazette of the Republic of Moldova, 2012,
No 38-41, art.7

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Civil Procedure Code of the Republic of Moldova*

Republished in the Official Gazette of the Republic of Moldova No 130-134/415 of 21.06.2013

B. PROCEEDINGS IN ADMINISTRATIVE CASES

D. COURT ORDER (SIMPLIFIED) PROCEEDINGS

Article 397. Repealed by law

The Parliament of the Republic of Moldova adopts the present code.

Article 1. Relations regulated by legislation on civil procedure

Article 2. Legislation on civil procedure

Article 3. Effects of civil procedural law in time

Article 4. Objectives of civil procedure

Article 5. Free access to justice

Article 6. Remedies for protection of rights, freedoms and legitimate interests

Article 7. Commencement of a civil action

Article 8. Right for legal aid

Article 9. Guiding role of the court in a civil process

Article 10. Procedural sanctions

Article 11. Ensuring of safety of the participants in a civil process

Article 121. Resolution of exceptional cases of unconstitutionality

Article 13. Application of the legislation of other states

Article 14. Decisions of a court

Article 15. Right to appeal (contest) a court decision

Article 16. Binding character of judicial acts

Article 18. Usage of technical means

Article 19. Administration of justice only by courts

Article 20. Judicial independence and legality (subordination only to law)

Article 21. Examination of cases by a single judge or a panel of judges

Article 22. Equal protection of law and equal access to justice

Article 23. Public character of a court hearing

Article 24. Language of civil procedure and right to interpreter

Article 25. Direct and verbal character of civil process

Article 26. Adversary character and procedural equality of parties

Article 29. Jurisdiction of the commercial courts

Article 30. Transfer of the dispute to arbitration tribunal

Article 31. Jurisdiction over several related claims

Article 32. Immutability of jurisdiction

Article 33. General jurisdiction of the courts

Article 331. Jurisdiction of trial courts

Article 34. Jurisdiction of Supreme Court of Justice

Article 35. Jurisdiction of Circuit commercial court

Article 36. Jurisdiction of the Economic Appeal Court

Article 37. Competing jurisdictions

Article 371. Jurisdiction over several related claims

Article 38. General territorial jurisdiction

Article 39. Alternative jurisdiction

(12) A lawsuit to the respondent which is an organization or a citizen of the Republic of

Article 40. Exclusive jurisdiction

Article 41. Contractual jurisdiction

Article 42. Jurisdiction over several related civil lawsuits

Article 43. Transfer of lawsuit to different court

Article 44. Resolution of disputes over jurisdiction

Article 45. Immutability of the jurisdiction

Article 46. Composition of court

Article 47. Court clerk

Article 48. Resolving issues in collegial manner

Article 49. Inadmissibility of repeated participation of a judge in a process

Article 50. Grounds for recusation of a judge

Article 52. Motion on recusation and self-recusation

Article 53. Procedure for resolving recusation requests

Article 54. Consequences of satisfaction of the request for recusation

Article 55. Participant in a civil process

Article 57. Civil procedural passive legal capacity

Article 58. Civil procedural active legal capacity