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Of The Measures With The Termination Of The Comprehensive Housing Construction

Original Language Title: o opatřeních s ukončením systému komplexní bytové výstavby

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577/1991.



The YIELD of the



of 27 June. December 1992



on certain measures relating to the termination of a complex system

housing construction



Reported:



FMF-JUDr. J



Ref: XI/1-29 547/1991



MINISTRY Of FINANCE-JUDr. Loudová



Ref: 122/61 799/1991



The MF SR-Krutek, dpt.



Ref: 7/7/1991



(24.)



The Federal Ministry of finance under section 391, paragraph. 1 (a). and (b)) § 75.

(b)), and (c)) of the economic code no. 109/1964 Coll., as amended

the provisions of § 28 paragraph. 2 of the Act No. 563/1990 Coll., on budget

the rules of the Federation, and section 20 (2). 1 (a). and Act No 526)/1990 Coll., on

prices, the Ministry of Finance of the Czech Republic pursuant to section 35 of the Act of the Czech

the National Council No. 576/1990 Coll., on rules for the management of the budget

the resources of the Czech Republic and municipalities in the Czech Republic (budget

the rules of the Republic), and section 20 (2). 1 (a). and Act No 526)/1990 Coll., on

prices, the Ministry of Finance of the Slovak Republic in accordance with section 31, paragraph. 1

the Act of the Slovak National Council No. 592/1990 Coll., on budget

the rules of the Slovak Republic, and section 20 (2). 1 (a). and Act No.)

526/1990 Coll., on prices, provides:



§ 1



Subject matter and scope adjustment



(1) the return shall apply to the transmission of completed



and residential objects), or ownership of the

apartment houses, buildings and technical facilities and other

the objects included in the integrated parts of buildings housing complex

construction, ^ 1), where appropriate, to the complex of buildings housing articulated

on the comprehensive section, under construction as of December 31. December 1990, which investors

are



1. in the Czech Republic the district offices; on the territory of the city of Prague

performs the function of the investor and the credentials of the Ministry of Finance of the Czech

Republic capital of Prague,



2. in the Slovak Republic to the community, and whose funding has been used

the resources of the State according to specific rules, ^ 2)



(b) basic technical objects) and of the code, the

investors are institutions and organization of the Federal Ministry of defence and

the Federal Ministry of the Interior.



(2) does not apply to the transfer of objects to be built in the Slovak

Republic in the framework of the comprehensive housing construction, for which changes are

ownership and changes to the entities governed by a special management rights

^ 3) of the regulation.



§ 2



Transfer the finished objects



(1) the completed residential houses with communal flats built on the territory of the Czech

Republic and land forming with them a functional unit will offer the investor

free transfer to the ownership of the village, on which the cadastral

the territories were built. To convert a co-ownership share in the residential

houses owned by municipalities, resulting from the construction of the individual

municipal housing in the form of extensions and conversions in these houses, the

the provisions of the preceding sentence apply mutatis mutandis.



(2) if the transfer is not completed, or objects

co-ownership share, pursuant to the provisions of paragraph 1, the housing

houses, or a co-ownership share in the apartment house, in the ownership of the

the State and ownership can be transferred into the ownership of other entities

under special legislation. ^ 4)



(3) the completed objects of the basic technical equipment and land forming

with them one functional unit are transferred free of charge to the ownership of the

Organization, ^ 5) whose business is the activity of the corresponding

an ad-hoc determination of object ^ 6) (hereinafter referred to as "the Organization") or of ownership

the village, on which the cadastral territory of the object was built. For the transfer of

management rights to the object, the provisions of the preceding sentence

concerning the organizations similarly.



(4) to the completed



and civil objects, equipment)



(b)) housing houses-homes, nursing homes and apartment b & b

for pensioners,



(c)) with designated buildings, hostels for accommodation of workers

medical, educational and social facilities,



d) additional objects or delimitovaným in the complex included residential

the construction,

including land forming with them a functional whole, if future

operators are budget or contributory organization, ^ 7)

right management on these organizations free of charge. If the future

operator of the objects of the code of the equipment budget or

contribution of the Organization of the Czech Republic or the Slovak Republic and the

If a transfer of the ownership of these objects, transferred ownership of the

These objects, including the land with them, forming a functional unit,

The Czech and Slovak Federal Republic, the Czech Republic or to the

The Slovak Republic free of charge. The provisions of the preceding sentence applies

Similarly, in cases of transfers of equipment for the purpose of civil objects

the needs of education, health and social care in the ownership of the village, on

their territory was built.



(5) separate objects other than those listed in paragraphs 3 and 4 are transferred from

State ownership to the property of the organizations or municipalities for consideration. ^ 8)

The agreed price shall not be lower than the amount spent on the acquisition of

the object of the resources of the State, unless otherwise specified.

For the transfer of rights management applies the provisions of the preceding sentence

Similarly.



(6) in the case of the objects referred to in paragraph 5, for which the date of the transfer

the ownership of, or rights management, there is a contract of the nature and

conditions of acceptance of the completed object to the management or ownership of

the future operator according to special regulations, ^ 9) remains the agreement on

the amount of the prices unchanged, if the contracting parties fail to agree on the price higher.

The provisions of the preceding sentence shall apply only in the case that from the 1. January

1992, there was no change in the person of the future the operator referred to in

the Treaty on the way and the conditions of acceptance of the completed object; in

other cases, the provisions of paragraph 5 shall apply mutatis mutandis.



§ 3



Exceptions



In each proposal can be justified to the District Office in

The Czech Republic, respectively, of the capital Prague, allow an exception from the

the provisions of section 2 (2). 1 and on the proposal of the investor (§ 1 (1)) of the provisions of the

§ 2 (2). 5. An exception permits the competent Ministry of finance.



§ 4



Cancellation provisions



The yield shall be repealed by the Federal Ministry of finance, Ministry of finance

The Czech Socialist Republic and the Slovak Ministry of finance

Socialist Republic of 12 December. December 1987 on the financing

municipal housing construction and construction of technical equipment, and civil

registered in the amount of 26/1987 Coll., published under no. 38 in the financial

Newsletter No. 6-7/1987.



§ 5



The effectiveness of the



This Decree shall take effect on 31 December. December 1991.



I. the Deputy Finance Minister of CZECHOSLOVAKIA:



Ing. I. Kočárník, CSc. v.r.



Deputy Minister of Finance of the CZECH REPUBLIC:



Ing. V. Grubner, v.r.



Deputy Minister of Finance of the SR:



Ing. B. Bosak, CSc. v.r.



1) Yield the Federal Ministry of finance, the Ministry of Finance of the Czech

the Socialist Republic, the Ministry of Finance of the Slovak Socialist

Republic of 12 June. December 1987 on the financing of municipal housing

construction and construction of technical equipment, and civil registered in

the amount of 26/1987 Coll., published under no. 38 in the financial advisory No.

6-7/1987.



The yield of the State Commission for scientific, technical and investment development of 14 May.

November 1985 for security investment services, conditioning complex

housing, registered in the amount of 36/1985 Coll., published under no.

4 in the SKVTRI, ČKVTIR and SIKVTIR amount 7/1985.



2) in particular, yield, published under no. 38 in the financial advisory No.

6-7/1987.



3) § 2 (2). 5 and 6 of the Act of the Slovak National Council No. 138/1991 Coll., on the

the property of municipalities.



4), in particular the Civil Code No. 40/1964 Coll. as amended

regulations.



5) § 1 (1). 1 economic code no. 109/1964 Coll., as amended by

amended.



6) section 76 to 85 of the Act No. 50/1976 Coll., on the territorial planning and building

Code (the building Act), as amended by Act No. 103/1990 Coll.



7) Law No. 563/1990 Coll., on the budgetary rules of the Federation.



The Czech National Council Act No. 576/1990 Coll., on rules for the management of

the budgetary resources of the Czech Republic and municipalities in the Czech Republic

(the budgetary rules of the Republic).



The Slovak National Council Act No. 592/1990 Coll. on budgetary rules

Of the Slovak Republic.



8) Act No. 526/1990 Coll., on prices.



9) in particular, the



§ 2 (2). 2 Yield under no. 38 published in the financial advisory No.

6-7/1987.



section 20 (2). 3 (b). (e)) of the Decree the State Commission for scientific, technical and

investment development 5/1987 Coll., on documentation.