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Universul Juridic magazin

Ethical values and principles in the civil trial and enforcement procedure

The study analyzes the problems regarding the place and role of ethical principles in the civil trial and enforcement procedure. The author analyzes the moral values that must guide the act of justice – justice, freedom, dignity, and investigates their impact on the civil trial and enforcement in the conditions of a post-communist transition where the segment of justice is reformed. A particular focus is placed on analyzing the ethical principles that must guide the activity of the judges and the judicial bailiffs in the Republic of Moldova and Romania according to the Bangalore Principles – independence, impartiality, freedom, etiquette (decency and honesty), competence and exertion. Independence cannot be regarded and used as a privilege of the judge or the bailiff, but as a duty, a fundamental obligation of each person that occupies these positions to develop moral and intellectual qualities that stand at the basis of independent and impartial behavior in judging and enforcing each particular case. More so, it is outlined that the principle of independence of the judge and bailiff can be conceived only in respect to the principle of responsibility/liability for the quality of their professional activity and the balance between these two principles creates the premises of an equitable civil trial and enforcement. In the same time, in the process of investigating the integrity principle, some elements have been clarified without which an upright personality cannot be formed: the spinal column, the genetic print and the seven years from home as a mandatory basis upon which the upright character of a person can be built on. In conclusion, the materialization of the objectives of the civil trial and enforcement can be fulfilled if the judges and the bailiffs will continue to permanently perfect their professional craft ship, their knowledge in the field of professional ethics, their etiquette and tact and will carry out their activities in accordance with thenorms, values and moral principles generally human.