Amendment To State And Local Divestment Law

Original Language Title: Grozījumi Valsts un pašvaldību mantas atsavināšanas likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/220969

The Saeima has adopted and the President promulgated the following laws: State and local divestment in the law to make State and local Divestment Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2002, nr. 23; 2004, nr. 2; 2005, 2006 15 No; 1., 14., no., 9, 14; 2007. no; 2008, no. 24; 2009, 14, no. 21; Latvian journal, 2009, 100, 155, 193. No.) the following amendments: 1. Put the name of the law as follows: "divestment of public persons act".
2. in article 1: (1) replace the words "the State (municipal)" with the words "public persons";
make paragraph 9 by the following: "9) public people in authority (hereinafter the authority) in the meaning of this law, the Court and the prosecution authorities;"
turn off paragraph 10;
replace the introductory paragraph of paragraph 11, the words "the State or municipality" with the words "public person";
make the following point 12: ' 12) disposal suggestion — this law article 4, fourth paragraph, of the person referred to in the application, which is designed to be law and order which has registered the public person or persons registered in the public authorities and on the basis of which the person or the public authority may initiate the public people real estate disposal. "
3. in article 2: make the first paragraph by the following: "(1) the law specifies the public person's seizure. Law of movable public entities also stuff that transferred authorities or corporations owned or held. ";
Replace paragraph 1 of the second paragraph, the words "the State or municipality" with the words "public person";
make the third paragraph as follows: "(3) the provisions of this law are not applicable to the national forest service managed forests in scientific research, public joint stock company" Latvian State forests ", nature protection and national education authorities are pursuing professional education programs in forestry education program group, managed national forests for product disposal. State joint stock company "Latvian State forests", the national forest service, the environmental protection administration and the national education authority, which shall implement vocational training programmes in forestry education program group, with user rights (1195-1200 of the Civil Code) and obtained the highest possible price for the disposal of the national forest. State joint stock company "Latvian State forests" pay in State general jurisdiction the State profit (dividend) from a national forest product disposal resulting profit set by the Cabinet of Ministers. The national forest service, the environmental protection administration and the national education authorities are pursuing professional education programs in forestry education program group, national forest production proceeds of disposal of assets are credited to the State budget of their own revenue. ";
to supplement the article with a fifth by the following: "(5) for the public people in the foreign real estate disposal procedure of this Act apply, in so far as it does not limit the application of foreign laws."
4. Replace the words "in article 3 the State or municipality" (the number and fold) with the words "public person" (fold).
5. in article 4: replace the words "national or local authorities" with the words "public persons";
make the first part of the second sentence as follows: "derived public persons divestment may propose, if it is not necessary for the child to a public person or its institutions function.";
Express 1.1 part as follows: "(11) a public exchange of personal movable property or the service supplier, by including, in relation to the national movable Cabinet cases, but in terms of public persons derived movable-derived public person concerned authority cases may propose that without clearing the public or its institutions need another person or the public authorities do not want movable property.";
make the third paragraph as follows: "(3) the order in which the public find out person or its institutions need another person or the public authorities the unnecessary stuff, as well as the transfer of property in order for the State property is determined by the Cabinet, but in terms of public persons derived property — the child concerned public authority of the person."
6. Article 5: to make first and second subparagraph by the following: "(1) the authorisation to dispose of State property given to the Cabinet of Ministers, but the derived public person real estate-derived public person concerned authority. Permission to dispose of the Union's structural policies pre-accession financial instrument means the realisation of projects financed in the course of or as a result of the real estate acquired the project beneficiary who is not a public person or institution or institution, under the supervision of the appropriate Cabinet Minister.
(2) the Cabinet of Ministers or public persons authority derived decision to allow transfer suggestions public entities in the seizure or justify refusal on the rejection of a proposal from the disposal shall be adopted within six months from the date of receipt of the proposal from the disposal. If the disposal proposal received on Earth, which is not recorded in the intermediate in the land, a decision authorizing the expropriation of land for the intermediate Cabinet or derived public people authority shall adopt within six months from the date the land is recorded in the land register intermediate. ";
to make the fourth subparagraph by the following: "(4) a public person Derived authority within two months after this law, article 4 of the fourth part 3 and in paragraph 4, the following people have submitted in the proposal for the disposal of property derived public people in built-up land, adding to any documents proving the person's pre-emptive, shall take a decision on the sale of the land."
7. in article 6: replace the first paragraph, the words "national or local authorities" with the words "public or its institutions";
make the second paragraph as follows: "(2) the authorisation to dispose of the derived public persons are chattels gives relevant authority a derived public person or a certain authority."
8. Replace article 7, the words "national or local authorities" with the words "public persons".
9. Article 8: make the second paragraph as follows: "(2) for the disposal of the public person derived real estate appraisal organized by the relevant public person derived authority.";
to make the fourth subparagraph by the following: "(4) movable property for Disposal assessment is organised by a public entity, the authority or the Corporation that owned or held the assets."
10. Express article 9, second and third subparagraph by the following: "(2) the institution that organizes public people derived real estate disposition determines the authority derived public people.
(3) the disposal of movable property organised a public person, the authority or the Corporation that owned or held the assets. "
11. Article 10: replace the first paragraph, the words "Municipal Council" with the words "derived public persons in authority";
replace the second paragraph, the words "the law" on procurement for State or local government needs "to" with the words "public procurement law".
12. in article 11: replace the first and second paragraph, the words "State and local governments" with the words "public persons";
to make the fourth subparagraph by the following: "(4) If a State or a derived public persons who are not local, values in excess of 2500 pounds, about its auction shall notify the State concerned or derived public people's Audit Commission, if any, but on local government property auction, if the property values in excess of 1000 lats, the Audit Commission local, if any."
13. Replace article 14, first paragraph, first sentence, the words "national or local authorities" with the words "public persons".
14. Article 36: make the first paragraph by the following: "(1) the public people things will nosolītāj within 7 days of the auction results of the approval signature of the purchase contract. Real estate purchase agreement signed on behalf of the Minister of finance or his authorised person, derived public person concerned on behalf of the child of the person the head of a public authority or his authorized person, but a real property sales contract, or its public bodies owned or held assets are located, the Manager or his authorised person or a corporation that owned or held assets are located, the head of the administrative organ or his authorised representative. ';

replace the second and third paragraph, the words "national or local authorities" with the words "public persons".
15. Article 37: replace the words "national or local authorities" with the words "public persons";
make the second paragraph as follows: "(2) announcement on the State or public entities are derived, not the sale of the property of the municipality, to be published in the newspaper" journal ", but for the sale of property of a municipality, the municipal territory issued newspaper."
16. Article 38: replace the words "national or local authorities" with the words "public persons";
in the fourth paragraph, replace the words "the law" on procurement for State or local government needs "to" with the words "public procurement law".
17. in article 38.1: make the first paragraph by the following: "(1) a public personal movable property can be changed to the equivalent of another person's movable assets, which requires public entities or its institutions function. Public exchange of personal movable property against the equivalent of another person's use of movable property without selling or selling at auction for free price. ";
replace the second paragraph, the words "national or local authorities" with the words "Public persons";
to make the fourth subparagraph by the following: "(4) a public exchange of personal movable property shall be advertised in the public or the authorities of the person's home page on the internet. The Cabinet of Ministers shall determine the order in which the person or the public authority chooses to offer a public exchange of personal movable property against the equivalent of another person's chattels. "
18. Replace article 39, first paragraph, the words "national or local authorities" with the words "Public persons".
19. Article 40 to make the first paragraph by the following: "(1) the decision for the public people things encountered in the share capital of a capital company-adopted respectively in the Cabinet or derived public people, but the existing authority of the Corporation's share capital, respectively, of this Act or article 6 5 of the specific institution (official)."
20. in article 41: make the first paragraph by the following: "(1) real estate purchase or exchange agreement signed on behalf of the Minister of finance or his authorised person, derived public person concerned on behalf of the child of the person the head of a public authority or his authorized person, and movable property purchase or exchange agreement — or its public bodies owned or held assets are located, the Manager or his authorised person or a corporation's that owned or held assets are located, the head of the administrative organ or his authorised representative. ';
replace the second and third paragraph, the words "national or local authorities" with the words "public persons".
21. the title of chapter IV, Expressed as follows: "(IV) chapter. Public people belongings transfer without charge ".
22. Article 42 of the expression by the following: ' article 42. (1) national real estate can pass without the rewards derived public persons. Cabinet of Ministers decision on State property transfer without consideration of public persons derived property determines which derived public person to perform the functions of the real property being transferred, as well as the conditions that, if the passed real estate no longer uses the derived public persons for the exercise of its functions, the derived public person that property be transferred free of charge to the State.
(2) derived public people in real estate may be transferred without consideration of other derived public persons or public property. Derived public persons in authority in the decision of the public person derived real estate transfers free of charge can be determined by a public administrative functions or derived public person to perform the functions of the real property is transferred, and to lay down the condition that if the passed real estate is no longer being used to carry out the functions of a public person, country or a derived public person real estate without consideration transferred this property without compensation, shall be transmitted to the person the public derivative that's the real estate transferred.
(3) public personal movable property may be transferred free of charge to the public, the public person derived, as well as other bodies governed by public law.
(4) public personal movable property can bestow and donate in other laws and Cabinet regulations for the order and cases. "
23. Replace article 43, the words "national or local authorities" with the words "public persons".
24. Replace the words "in article 44, the State or the municipality" (fold) with the words "public person" (fold).
25. replace the words "in article 44.1 Municipal Council" with the words "derived public persons in authority".
26. Article 45: make the first paragraph by the following: "(1) State Uptown, except this article in cases referred to in the second subparagraph, as well as the apartment property offers first put its municipal property in the administrative territory of the country house or apartment property. If the local Government Council shall decide on the national residential home or apartment property acquisitions municipal property, it shall be made available free of charge in the municipal property. If the month the Municipal Council has not acted or refused to take over the country's Uptown apartment or property in your possession, it disposes of this law. ";
replace the second paragraph, the words "the municipality does not offer property in the country to cast its residential house or its alleged part" with the words "the municipality does not offer property in the country to cast its Uptown".
27. Express article 47 the first sentence by the following: "public people's seizure of the funds at the disposal of cover including the public person's budget."
28. Turn off transitional provisions in paragraph 5.
The law shall enter into force on January 1, 2011.
The Parliament adopted Act 2010 on October 21.
President Valdis Zatlers in Riga V. 10.2010 November