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.