Summary

Following the civil law enforcement reform that took place in 2001 the activities of bailiffs have raised a number of questions, of which one of the most significant for bailiffs and parties to proceedings alike is the bailiff’s fee. On 9 and 24 October 2003, Tallinn City Court and Põlva County Court, respectively, did not apply Regulation No. 16 “Bailiff’s fees” dated 16 February 2001 of the Minister of Justice on the grounds that they found the Regulation to be unconstitutional, specifically in conflict with § 113 of the Constitution. The Supreme Court also agreed with this position on 19 December 2003.

The author analyses the nature of the bailiff’s fee and the reasons for its provision by law. The author compares the bailiff’s fee with other public law encumbrances, addresses problems in connection with the revocation of a decision on the bailiff’s fee and with waiver of such remuneration, and analyses the fate of a decision on the bailiff’s fee on termination of the execution proceedings and compliance with a decision on recovery of the bailiff’s fee. To conclude, the author argues that the system of remuneration of bailiffs needs a reshuffle for which it is the right time now that the Riigikogu is reading a draft Code of Enforcement Procedure.