Is the return of enforcement possible in the hypothesis of annulment of the bailiff’s acts?
Journal Title: Revista Institutului Național al Justiției - Year 2016, Vol 36, Issue 1
Abstract
In the present study a thesis is being substantiated, according to which the return of enforcement can happen in the case of annulment of the bailiff’s acts. It highlights that the enforcement is being coordinated and, at the same time, conducted by the bailiff, whom the law invests with most of the the responsibilities in the procedural demarche of fulfillment of the obligations contained in the enforcement documents. Also, it emphasizes that his acts must be subordinated to the imperative of respecting the law. When the principle of legality is being affronted there is a need to restore the previous situation. Finally, it accentuates that expressis verbis the legislator does not speak about the return of enforcement in the hypothesis of annulment of the bailiff’s acts. Therefore, the fill of this legislative gap has been suggested de lege ferenda.
Authors and Affiliations
Dumitru Visternicean, Gheorghe Reniță
Keywords
Related Articles
- EP ID EP214959
- DOI -
- Views 67
- Downloads 0
Negligent performance of duties: delimitation of some similar criminal acts (I)
The study aims to identify similarities and differences between the abuse of power or abuse of official position (art.327 PC RM) and negligent performance of duties (329 PC RM). Comparative with abuse of power or abuse o...
The components of the right to a fair trial: the right of the accused to be promptly informed
Referring to the current debate on respect for fundamental human rights in criminal proceedings, this article seeks to capture the effectiveness of the right to a fair trial, namely the right to defense at the time of it...
Special aspects of legal defense of activities of journalist in Ukraine
In the article the question of the legal basis of the professional journalist in Ukraine, analyzes the dynamics of the number of crimes committed against journalists and activities to enhance the protection of profession...
Theoretical and practical implications on the subjects charged with duties of conducting special investigation activity
This paper is an endeavor to analyze Moldova’s legal framework aimed at regulating Special investigative activity (SIA) in terms of subjects or, in other words, of procedural exponents, invested by a legislator with duti...
Social prevention of violent crimes against representatives of the authority in ukraine: signs and concepts
Social crime prevention consists not only in influence on criminality, but also in improving the situation in various spheres of society’s life, particularly social and economic spheres, ideology and social psychology, l...