The Prosecutor General has submitted an appeal to the Constitutional Court, requesting an official interpretation of the Constitution's paragraph 1 of Article 25 and paragraph 3 of Article 26.
These provisions affirm that no individual can be deprived of their residence or property without a court ruling. It follows from the appeal of the Head of the supervisory authority that in 2019, amendments were made to the relevant legal acts establishing the prosecutor's duties to authorize the decisions of bailiffs on the execution of executive actions, which in law enforcement practice leads to problematic issues. In particular, the procedure of compulsory foreclosure on property with the prosecutor's approval allows for the possibility of depriving an individual of his home and a business entity of his property without a judicial act.
During the session, the judges of the Constitutional Court heard the representative of the subject of the appeal – the head of the GP service, representatives of the Supreme Court, the Ministry of Justice, the Republican Chamber of Notaries, the Chamber of Private Bailiffs and the National Bank.
The Constitutional Court's final decision will be published per Article 65 of the Constitutional Law.