State And Local Divestment Laws, Rules Of Application

Original Language Title: Valsts un pašvaldību mantas atsavināšanas likuma piemērošanas noteikumi

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/108012

Cabinet of Ministers Regulations No. 313, Riga, 10 May 2005 (pr. No 28 2) State and local divestment law implementing provisions Issued under State and local divestment law article 4, the third and the fifth, the first paragraph of article 5 and article 6, first subparagraph, (I) General questions 1. determines the order in which: 1.1 be submitted and examined State and local Divestment Act (hereinafter Act) article 4, fourth paragraph, of the persons referred to suggestions as well as this suggestion;
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.
II. State and local real property disposal 2. Article 4 of the law of the fourth part contains the person real estate transfer 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. A State or municipal property 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;
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. A State or local government property seizures suggested Mama adds: 4.1 the agent copy of identity document (physical person) or legal person of a copy of the registration certificate;
4.2. the agent of property rights, copies of the supporting documents and the land boundary plan;
4.3. The State land service of the statement of the building (structure) in relation with the land; 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 company — from the business register certificate membership, giving the company the owner of citizenship and belonging to the owner of the capital. Shares of the company (other than a public corporation) submitted a list of additional shareholders, in which each shareholder of the shares belonging to the nationality and number.
5. If real property is owned or held by the seizure, forfeiture of the sponsoring institution is required by national or local authorities or by the consent of the Corporation or in the possession of holding real property disposal.
6. If the Government 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, copies of supporting documents (land register or land register shore inscription certificate and land boundary plan).
7. Company or municipality of the national or municipal real property disposal suggestions and month provides a written response or the agent delivers relevant local Government Council (Council) decision.
8. If the proposed disposal of real estate in the land is not written on behalf of the State or local government, public or local authority organised seized real property recording in the land according to the law "on real estate recording in the land".
9. Article 4 of the law on the fourth part of the person indicated in the proposal for State or local real estate disposal company or municipality rejected where: 9.1 real estate located in places where disposal prohibited by law;
9.2.no disposition of the documents accompanying the proposal shows that the agent is not subject to the law of the fourth paragraph of article 4 of the regulations;
9.3. the law "on the privatization of land in rural areas" and the law "on land reform in the cities of the Republic of Latvia" case not received the Municipal Council (the Council) President (in the absence of the President, the person who replaces President) statement of consent to the expropriation of land;
9.4. the disposal agent is not secured in the land property rights;
9.5. in accordance with the law "on real estate in the land recording" movable real estate can not be recorded in the land to the State or the name of the municipality;
9.6. in the land is registered agent or the seizure of property alienation prohibition, on the basis of which can be challenged or the seizure of the disposal agent for property rights;
9.7. the relevant national or local real estate requires the same or other State or local government authority in its function.
10. to see if the State seized real property do not need another public body or a corporation, the Ministry submitted to 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, it can be disposed of in accordance with the procedure prescribed by law.
11. when 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 tender Secretary 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 proposals for the national real estate referrals they owned or held stating that the real property is not movable.

12. national or local real estate divestment law article 4, fourth paragraph, if these persons suspension: 12.1. not concluded land seized a rental contract or a movable buildings residential room rental agreement;
12.2. the person's lease or rental debt or tax charges relating to the seized real estate.
13. by paragraph 12 of these rules the deficiencies in national or local real estate sells law article 4, fourth paragraph.
14. If changing the State real estate, do not need the cabinet order on real estate in the land of re-registering 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 the person in the land agrees to if re-registering an interested Ministry. 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 15. 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: 15.1. State real property seized is not a military State real property;
15.2. the State movable property seized the remaining book value after accounting data exceeds 500 lats.
16. in order to establish State and local authorities after the Ministry, its subordinated bodies or corporations owned or held in a country require real 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.
17. Two weeks after the issue of the Secretary of the meeting, the State or local authority or a corporation of which the thing is required for the function, log on to the State movable property disposal agent. Property transfer without the transfer of consideration by State or local authority or a corporation, which first requested it. If two weeks is not logged on, no State or local authority or a corporation, the seizure shall take place in accordance with the law.
18. If a national or local authority or a corporation of property requires at the same time (one day), it shall be made available to the authority or the Corporation, for which it requires a direct implementation of the function. If things at once (one date) require more public or municipal institution or Corporation direct implementation function, the question of the transfer of the property settled by drawing lots.
19. the State movable property transfer shall be made by a certificate.
20. the State movable property transfer Act adopted by the officer who has given authorization to alienate the State movable property.
IV. European Union structural policies pre-accession instrument PHARE programme-funded projects implemented or the resulting real estate or real property disposal 21. National Officer or senior official of the industry submitted a proposal to the disposal project, Industry Minister. 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.
22. 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).
23. The Minister of industry during the month looking real estate disposal suggestions and provide national officer or the older industry official written response. A copy of the response sent to the final beneficiary of the project.
24.No PHARE programme-funded projects implemented or results obtained in real estate transfers to the transfer provisions of the final beneficiary who is not a State or local government authority or supervision institution.
25. The Minister of industry during the month looking movable property disposition of suggestions and provide national officer or the older industry official written response. A copy of the response sent to the final beneficiary of the project.
26.No PHARE programme-funded projects implemented or the resultant transfer of movable property with the surrender of the final draft (support) to the recipient, which is not a State or local government authority or supervision institution.
Prime Minister a. Halloween Finance Minister o. Spurdziņš Editorial Note: regulations shall enter into force with the 14 May 2005.