The Order In Which To Dispose Of Public Property

Original Language Title: Kārtība, kādā atsavināma valsts un pašvaldību manta

Read the untranslated law here: https://www.vestnesis.lv/ta/id/136496

Cabinet of Ministers Regulations No. 425 Riga, 30 May 2006 (pr. No. 30) order in which the State and local governments seized assets Issued in accordance with State and local divestment law article 4, the third and the fifth, the first part of article 5, article 6, first subparagraph, and article 47 of i. General questions 1. determines the order in which: 1.1. State and local Divestment Act (hereinafter Act) article 4, fourth paragraph, shall provide the persons referred to in the disposition of proposed you the are considered disposal received suggestions, the decision is taken on State or local transfer of property expropriation or the rejection of the proposal and cancel the decision on transfer for disposal;
1.2. identify institutional needs for other institutions unnecessary things, as well as a transfer of property order;
1.3. the Ministry gives permission to dispose of State movable property, taking into account the type and value of property;
1.4. the Minister gives permission to dispose of the Union's structural policies pre-accession financial instruments PHARE programmes (PHARE programme) financed from the resources in the course of implementing the projects or the resulting real estate or movable property for the project, final beneficiary who is not a national or local authority, or under the supervision of the institution;
1.5. the disposal costs down.
 
II. State and local real property disposal 2. Article 4 of the law of the fourth part contains the person real estate timeshare disposal proposal shall be submitted to the State joint stock company "national real estate" (hereinafter referred to as the company), but local real estate special ma disposal the suggestion — the relevant municipality.
3. the transfer proposal submitted in writing. The proposal indicates the following: 3.1 the proponent's name, surname, personal code and citizenship (natural person) or the name of the legal person and the unified registration number;
3.2. the address of the agent (or legal residence);
3.3. legal basis of the action according to the law;
3.4. national or local government seized real estate and cadastral designation.
4. Transfer proposal adds: 4.1 the agent's property rights, copies of the supporting documents;
4.2. the land of the copy of the plan;
4.3. The State land service of the statement of the regional chapter of the building (structure) of the Earth, its binding if land and buildings (constructions) in the land recorded in the various compartments and on records they can not determine the building (structure) in relation with the land;
4.4. the national land service regional certificate of real estate ownership and composition;
4.5. the building (construction) of the technical inventory file copy when the land plan of buildings (constructions) do not match the number in the land the building (structure);
4.6. notarized agreement on what parts of the supposedly each owner gets a piece of land, the land is that if two or more buildings in autonomously property belonging to different owners;
4.7 by limited liability companies: the commercial register authority for society membership and every member-owned portion of the number of members of the public, as well as proof of citizenship;
4.8. the shares of the company, according to the commercial law 278. the second part of the list of the shareholders drawn up, as well as the nationality of shareholders supporting documents;
4.9. the identity of the agent a copy of the document (physical person) or legal person of a copy of the registration certificate.
5. If the State seized real estate is not the Ministry of finance, or owned or held by the company, the company is requesting from the State real estate holder or holder to dispose of State property rights supporting documents. National Authority (the authority), which are owned or held is in the real estate, the law prescribed period after receipt of the request for the company: 5.1 the land registry certificate (50 words);
5.2. the land boundary plan;
5.3. the seized real estate lease (rental) agreements;
5.4. building (construction) technical inventory file.
6. A State or local government property seizures suggestions dealing with the public or the Government, and the assessment of the proposed disposal of the attached document, giving Mama proposed written response, if not difficult, noting that these provisions of the acts referred to in paragraph 4 have not been submitted.
7. State or municipal property transfer proposal is rejected if: 7.1 real property located in places where disposal prohibited by law;
7.2. the proposal presented by the seizures the person not specified in article 4 of the law of the fourth part;
7.3. the law "on the privatization of land in rural areas" and the law "on land reform in the cities of the Republic of Latvia" in the case specified in the relevant allocated Municipal Council (Council) President, signed a statement of consent to the expropriation of land;
7.4. transfer agents within six months from the date of submission of the proposal is not submitted by the company or the applicable municipality this provision referred to in paragraph 4;
7.5. in accordance with the law on the real property recording zemesgr hair "movable real estate can not be recorded in the land to the State or the name of the municipality;
7.6. the Cabinet or local Government Council (the Council) has decided that is built up of mu ruled the land needed for the implementation of public administration functions in accordance with the law of public administration facilities.
8. State or local real estate forfeiture law article 4, fourth subparagraph, the persons referred to in 8.1, if: the person to whom the seized land is owned buildings, not concluded seized land lease;
8.2. the person's rent, rent arrears debt or tax debt relating to movable real estate;
8.3. in the land is registered agent or the seizure of property alienation prohibition, on the basis of which can be laid at the disposal of the agents handling or the seizure of property rights.
9. by paragraph 8 of these rules a matter referred to in the resolution state or municipality disposes of real estate law.
10. After article 4 of the law of the person referred to in the fourth subparagraph, disposal of registration of the society or the proposal in the relevant municipality and this provision (4) and (5) of the receipt of the documents referred to in the light of this provision, paragraph 7:10.1 the company, excluding this provision 10.3 referred to happened must, in preparing the draft order of the Cabinet of Ministers on the transfer of State property expropriation or motivated refusal of transfer proposal rejection;
10.2. the Municipal Council (the Council) decides on the transfer of property management of * expropriation or motivated refusal of transfer proposal rejection;
10.3. the company shall adopt a decision on the State-owned undeveloped piece of land transfers for disposal or motivated refusal of rejecting the proposal of the disposal.
11. in order to determine whether the State seized real property do not need another public body or a corporation, except that rule 10.3. case, referred to the Ministry of finance submitted for the tender Secretary at a meeting of the Cabinet of Ministers a draft Ordinance on Government property seizures. If two weeks after the order of the Cabinet of Ministers draft tender Secretary at meetings of the public body or a Corporation do not require an order for project real estate public administration function of the Government in accordance with the law, it can plant to dispose of in accordance with the procedure prescribed by law. 
12. If the State seized real property need State or corporations can function properly, the public body or a corporation within two weeks after the order of the Cabinet of Ministers draft for the transfer of the property disposal notification the Secretary of the meeting shall notify the Ministry, where the meeting of the Secretary issued a cabinet order, and shall be submitted in one month in the Cabinet of Ministers a draft order on the transfer of real estate owned or held them.
13. If the person entitled pre-emptive in built-up land is presented by the disposal of the suggestion, but the law does not set deadlines used its pre-emptive rights, then the case is presented to the new seizures, it is considered the proposal and the land is disposed of in accordance with the laws and regulations that are in force on the day on which the disposition of the proposal or the applicable company registered with the authorities.

14. If after the built up land seizures and proposed disposal of registration in the register of changes to the existing land ownership the building (construction) owner of the land is expropriated only if the new building (construction) owner received this land seizures suggest you. This proposal is about educator and land is seized in accordance with the laws and regulations that are in force on the date of the definition proposed by the atsav registered in the register of seizures except if the transfer proposal submitted a proposal requesting heir disposal.
15. If the pre-emptive right person law deadline has used pre-emptive right, the company or the relevant municipal Council (the Council) repealed the decision taken on the built-up land seizures.
16. A change in the national real estate, the holder need not relati timely cabinet order on the property of not re-registering ze mess book, if this a real estate according to the law "on State and municipal land property rights and the consolidation of the land", the law "on real estate in the land", and a recording of "the law On ports" can be recorded in the land on behalf of the Ministry concerned and if the person is in the land of the ģistrēšan broadcasting, agrees with the Ministry concerned. If the State real estate recorded in the land, on the basis of an order of the Cabinet of Ministers, then change to the national real estate holder, you need the order of the Cabinet of Ministers.
 
III. State seizure of movable 17. authorisation to dispose of State movable property that is subordinated to the Ministry, its agencies or corporations owned or held, the Ministry concerned may be given where: 17.1. State real property seized is not a military State real property;
17.2. the State movable property seized the remaining book value after accounting data exceeds 500 lats.
18. to establish national authorities after the Ministry, its subordinated bodies or corporations owned or held in the allocated state do not have movable property, the Ministry shall submit to the Secretary of the Ministry, at a meeting of its subordinated bodies or corporations prepare information on disposal for the State movable property.
19. Two weeks after the issue of the Secretary of the meeting of the public authorities, which the property function is required, logs into the State movable property disposal agent. Property to create acceptance and transfer, transfer free of charge of acts by State authorities who first requested it. If two weeks do not enroll in any public authority, the seizure shall take place in accordance with the law.
20. If more public authorities require the property at the same time (one day), it shall be made available to the authority that it requires its direct function. If things at once (one date) require more public authorities in their direct function, the question of the transfer of the property settled by drawing lots.
21. the State movable property transfer shall be made by drawing up and adoption of the Act.
22. the national adoption of the movable property and the transfer of the Act adopted by the officer who has given authorization to alienate the State movable property.
23. If the Ministry, its subordinated bodies or corporations owned or held in a country in real property necessary for the other to its subordination to movable property, supply it to the authority of the Ministry to which the property is necessary for its functions, and the rules of the information referred to in paragraph 18, before the meeting, the Secretary of State did not submit.
 
IV. Disposition of the determination of the amount of costs and expenses of the Ministry, its 24. subordinated bodies or corporations ruled the Tween or holding State movable property disposal expenses shall be determined by the Minister concerned. If the public authority is not in the Ministry's departments, moving her seizure of the costs shall be determined by the appropriate authorities.
25. the State real property disposal costs as a percentage of the real price of the sation is the following: 25.1. selling of land, built up: seven percent, but not less than 900 lats of sales prices;
25.2. the sale of other real estate property, — 14 percent, but not less than 1500 lats of sales prices.
26. local divestment costs shall be determined in the Municipal Council (the Council).
 
V. From European Union structural policies pre-accession instrument PHARE programme-funded projects implemented or the resulting real estate or real property disposal 27. National Officer or senior official of the industry submitted a proposal to the disposal project, Industry Minister when the seventh year following the implementation of the project. Industry Minister gives permission to dispose of the funds of the PHARE programme-funded projects implemented or results obtained in real estate or movable property for the project, final beneficiary who is not a national or local authority, or under the supervision of the institution.
28. the disposal proposal shall include a financial memorandum on project financing (copy) (copy) the Treaty and Act concerning real property or movable property of commissioning (copy).
29. The Minister of industry during the month looking real estate disposal suggestions and provide national responsible person or older Amat industry official written response. A copy of the response sent to the final beneficiary of the project.
30. From the PHARE programme funds projects financed in the course of or as a result of the implementation of or acquire immovable property shall be referred to the acceptance and transfer of the project to the final beneficiary of the legislation, which is not a State or local government authority or supervision institution.
31. The Minister of industry during the month looking movable property disposition of suggestions and give you the national am responsible person or the older industry official written response. A copy of the response sent to the final beneficiary of the project.
32. From the PHARE programme-funded projects implemented or results obtained in the movable surrendered to the acceptance and transfer of final draft legislation (support) to the recipient, which is not a State or local government authority or supervision institution.
 
VI. final question 33. Be declared unenforceable in the Cabinet of 10 May 2005, the provisions of no. 313 "State and local divestment laws applies knowledge rules" (Latvian journal, 2005, nr. 76).
Prime Minister a. Halloween Finance Minister o. Spurdziņš Editorial Note: rules shall enter into force on the 3 June 2006.