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LAW OF THE REPUBLIC OF MOLDOVA

of April 21, 2011 No. 87

About compensation by the state of the harm done by violation of the right to legal proceedings in reasonable time or the rights to execution of the judgment in reasonable time

(as amended on 18-05-2018)

The Parliament adopts this organic law.

Article 1. Law purpose

(1) the Purpose of this law is creation in the Republic of Moldova of effective interstate remedy on legal proceedings in reasonable time and the rights to execution of the judgment in reasonable time.

(2) Use and interpretation of concepts of this law are performed from the point of view of the national legal system, provisions of the European convention on human rights protection and fundamental freedoms and law of the European Court of Human Rights.

Article 2. The right to indemnification, the right to legal proceedings caused by violation in reasonable time or the rights to execution of the judgment in reasonable time

(1) Any physical person or legal entity believing broken its right to legal proceedings in reasonable time or the right to execution of the judgment in reasonable time can address according to the procedure, established by this law and the civil procedural legislation, to degree of jurisdiction with the action for declaration about establishment of violation and about indemnification, caused by such violation.

(2) Indemnification, the right to legal proceedings caused by violation in reasonable time or the rights to execution of the judgment in reasonable time, is performed only if violation took place for the reasons which are not depending exclusively from the face, filed petition for indemnification (further – the applicant).

(3) the Harm done by violation of the right to legal proceedings in reasonable time or the rights to execution of the judgment in reasonable time is compensated irrespective of fault of degree of jurisdiction, the criminal prosecution authority, body responsible for execution of judgments, or the state organization debtor.

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