The ombudspersons proposed amending the legislation for eliminating causes and conditions that create preconditions for violating the human rights and freedoms in the forced execution procedures after they ascertained a number of abuses in the process, IPN reports, quoting a press release of the Ombudsman’s Office.
The ombudswoman for children’s right for a period examined the case of a family (mother with three minors), who was evicted from her apartment by the bailiff and was left without a home. The ombudswoman submitted her own conclusion in the civil lawsuit from the perspective of the observance of the superior interest of the child. The ordinary court of law ruled in favor of the family, arguing the minor children’s interests were neglected by the hasty auctioning of the apartment. The bailiff ignored the international and national standards applicable in such a case.
The Ombudsman’s Office continues to receive complaints about the dramatic impact of the forced execution procedure on the realization of the right to decent living, which made the ombudspersons to return to the given subject and to insist on the removal of the shortcomings from the used practices and the national legislation.
The ombudspersons ascertained that the list of goods that cannot be confiscated stipulated in Article 89 of the Execution Code is incomplete and the debtor-person can be deprived of things that are needed to ensure a minimum of conditions for decent living. The legal norm does not take into account the individual circumstances in each case as the international legislation does.
The ombudspersons proposed that the Ministry of Justice should examine the opportunity of making amendments to Article 10 or Article 88 of the Execution Code, so as to add a new paragraph to regulate the necessity of ensuring decent living conditions for the debtor in case of forced execution, and to Article 89 so as to review the list of goods that cannot be confiscated. They also recommended working out legal norms for regulating situations involving families with minor children in case of forced execution so as to protect the rights of children and to ensure their wellbeing, by respecting the superior interest of the child.