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The Order In Which Exceptional Time In National Defence And National Security Needs Of The Person Acquiring The Holdings Of The Property And Pay The Related Losses

Original Language Title: Kārtība, kādā izņēmuma stāvokļa laikā valsts aizsardzības un nacionālās drošības vajadzībām iegūst turējumā personas īpašumu un atlīdzina ar to saistītos zaudējumus

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Cabinet of Ministers Regulations No. 788 in Riga 2014 (23 December. No 72 1) procedures in exceptional condition during the national defense and the national security needs of the person acquiring the holdings of the property and pay the losses associated with it, Issued in accordance with the law "on emergency and derogation" article 19 the seventh subparagraph 1. determines the order in which: 1.1. public administration authorities (hereinafter referred to as the responsible institution), national defence and national security needs of the State of exception, take a decision on the property (movable and immovable property) (hereinafter property) acquisition of holding , retrieves the property holdings and return it back; 1.2. legal and natural persons (hereinafter referred to as the owner (possessor)) requires the damages caused in relation to the property being in the institution responsible for the holding; 1.3. the Ministry responsible for the sector evaluate and calculate the damage in connection with the property being in the institution responsible for the holding; 1.4. the Ministry responsible for the sector has taken a decision on the damages and the cost of the damages; 1.5. the owner (possessor) has the right to challenge the amount of the damages. 2. a decision on the acquisition of property holdings (annex 1) adopted the head of the institution responsible or his authorized officer. 3. The provisions of the decision referred to in paragraph 2 shall be drawn up in duplicate. A copy of the decision to keep the institution responsible, the other for the owner (possessor). The responsible institution in accordance with the Act of notification of the decision notified to the owner (possessor). 4. the responsible body within three months of the rules referred to in paragraph 2 of the decision, a copy of it sent to the Ministry responsible for the sector. 5. If the property that the national defense and national security was obtained in the interests of the institution responsible, you no longer need or exceptional condition is canceled, the responsible authority shall take a decision on the transfer of property back to the owner (possessor). The responsible institution within three months following the adoption of that decision or after the cancellation of the State of exception, or as soon as it has become possible to transmit the decision to the owner (possessor) or if she registered or declared, the specified place of residence is unknown, shall be published in the Official Gazette of the "journal". 6. If the authorities holding the property died, it, within three months following the capture of this fact or as soon as it has become possible to inform the owner (possessor) (annex 2), sending the notice to the owner (possessor), or when she declared, or specified registered place of residence is unknown, shall be published in the Official Gazette of the "journal". 7. the institution of the rule referred to in paragraph 5 of the decision, and sent the owner (possessor) or to the publication in the Official Gazette "Latvijas journal" presented in the holdings of property transfer Act (annex 3). The Act of signing authorities authorised officer and, where possible, the property owner (possessor) or his authorised person. The property holdings of the certificate shall be prepared in two copies. One copy is kept at the institution responsible, the other passes to the owner (possessor), if it is signed by the property transfer. If the owner (possessor) does not sign in the holding of the property transfer acts, the other holdings in property transfer Act shall keep a copy of the responsible institution, making mark on it that the owner (possessor) holdings in property transfer Act is not signed or have refused to sign it. 8. These rules 5, 6 and 7 above, copies of documents, the institution responsible within three months after the signing of the document or as soon as it has become possible to send to the Ministry responsible for the sector. 9. the owner (possessor) have the right, within three months after this provision in paragraph 5 of the decision referred to in paragraph 6, or receipt of a notification or publication in the Official Gazette "Latvijas journal" to submit a written application to the responsible institution (annex 4) for damages. 10. further to paragraph 9 of these regulations referred to in the application, the designated authority within five working days of being sent to the Ministry responsible for the sector, and the Ministry establish a Commission for the assessment of damages and for calculating the amount of remuneration (hereinafter referred to as the Commission). The Commission shall consist of at least five officers, and the President of the Commission. The Commission shall be valid if they participate in the hearing not less than three members of the Commission. The Commission shall adopt decisions by simple majority. If the votes of the members of the Commission divides the casting is the voice of the President of the Commission. 11. the Commission of the Act "On the emergency and exceptional position ' within the time limit laid down in article 19.1 and fine looking documents that attest to the damage, the causal relationship with the acquisition of holdings in property and the level of the injury caused, and decide on compensation for damage suffered. Commission decision on the damages caused by the approval of the Ministry responsible for the sector. 12. assessment of Damages and for calculating the amount of remuneration shall be entitled to call on the Commission to assess the nature of object-specific specialists or experts (real estate appraisal-certified real estate appraiser), as well as to request and receive, free of charge from the State or local authorities for decision information. 13. the Ministry responsible for the sector in the month after the rule referred to in paragraph 11 of the decision shall be submitted to the Cabinet for damages for the cost of the necessary funding and source. 14. Within three months following the order of the Cabinet of Ministers on the allocation of financial resources for the payment of damages on the sector responsible Ministry paid compensation to the owner, moving it to the owner (possessor) specified in the application to the settlement account. 15. in paragraph 11 of these rules the decision of owner (possessor) may appeal to the law of civil procedure the Court of general jurisdiction. The Prime Minister is the Rapidity of the Newsletters Defense Minister Raimonds vējonis annex 1 Cabinet on 23 December 2014 regulations no 788 authorities the name and address of the decision on the acquisition of property held 20 ___. year ___. ____ ____ ____ (location) 1. Owner (possessor) (legal person – name, registration number, address and contact information (phone number, e-mail address), to a natural person – given name, surname, personal code declared residence and contact information (phone number, e-mail address)) 2. Decision on the acquisition of property holdings on the basis of the adopted law "on emergency and derogation" article 18, paragraph 5, and the Cabinet of Ministers of 23 December 2014 rule no 788 "order in an exceptional situation, during the national defense and the national security needs of the person acquiring the holdings of the property and pay the related losses "___. point.
3. Holding the property obtained brief description Nr. p. c. The property name and the property registration in composition, certification or other documents in place of the transfer of property (real estate property-address) and other property features 4. External entities in annex 5 (documents proving property condition and value, and other information (for example, Visual images, expert opinions)) 6. Decision-making (Officer-position, name, surname, signature) Defense Minister Raimonds vējonis annex 2 Cabinet on 23 December 2014 regulations no 788 name of the institution responsible , address, telephone number and electronic mail address for notification of holding property destruction 20 ___. year ___. ____ ____ ____ (location) 1. Owner (possessor) (legal person – name, registration number and address of a natural person – given name, surname, personal code, place of residence declared) 2. Reference to the decision of the institution responsible for the acquisition of property held 3. information on property no p. k. Property name and property registration, composition or other documents certifying the transfer (property address) and time information on the complete destruction of property in annex 4 (materials, confirming the full loss of property (for example, Visual images, expert opinion) 5. Officer, attesting to the destruction of property (position, name, surname, signature, telephone number, e-mail address)

Defense Minister Raimonds vējonis annex 3 of the Cabinet of Ministers of 23 December 2014 regulations no 788 Holdings in property transfer Act the responsible institution, which was acquired by the person holding the property (name, address, telephone number, e-mail address) passes and the owner (possessor) (legal person – name, registration number, address, telephone number and electronic mail address of a natural person – given name, surname, personal code, or declared, the registered place of residence specified in , telephone number, electronic mail) assumes the following property holdings: No. p. k. The name and contents of the estate property registration, certification or other documents, the number and date of the decision on the acquisition of property holdings in other property (e.g., injury) a responsible officer of that transfer property (position, name, surname, signature) 20 ___. year ___. ___ ___ ___ ___ owner (possessor) or his authorised person who receives property (name, surname, signature) 20 ___. year ___. ___ ___ ___ ___ Defense Minister Raimonds vējonis annex 4 of the Cabinet of Ministers of 23 December 2014 regulations no 788 application for compensation (the recipient (name of the institution responsible for)) the owner (possessor) (physical person – name, surname and personal code, a legal entity, the name and registration number) (address, telephone number) 1. When the person acquired the property holdings of the institution responsible (year, date, month, and State or municipal institution which acquired the holdings of personal property) 2.      (number and date of the decision on the acquisition of property holdings, the holdings of the property transfer, the number and date of the Act or a statement of property obtained the number and date of death)

3. the total amount of losses (in digits and words) 4. detailed calculation of losses no p. k. Property name and composition quantity/unit descriptions of the extent of the damage along 5. a credit institution and account number to which the damages payable 6. Annex (documents or show damage, their extent and property (tenure)) 20 ___. year ___. ___ ___ ___ ___ (name, surname, signature) Defense Minister Raimonds vējonis