Advanced Search

The Order In Which To Dispose Of Assets Of The Public Person

Original Language Title: Kārtība, kādā atsavināma publiskas personas manta

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Cabinet of Ministers Regulations No. 109 in 2011 (February 1. 39. § 7) order in which a public person seized assets Issued in accordance with the personal property disposal Public Law article 4, part 1.1, the third and the fifth, the first paragraph of article 5, article 6, first subparagraph, fourth subparagraph of article 38.1 and article 47 of the i. General provisions 1 the questions determines: 1.1. procedures for seizure of public persons Act (hereinafter Act) article 4, fourth paragraph, shall provide the persons referred to in the disposition of the proposal as well as the procedures for the consideration and disposition of proposals received a decision on public people belongings transfer or transfer for disposal of the proposal and cancel the decision on public people belongings transfer for disposal;
1.2. the order in which the public find out person or its institutions need another person or the public authorities do not want the State movable property, as well as the arrangements for the transfer of property for State property;
1.3. the cases in which the State movable property exchange or the service supplier, making off, without identifying the persons or public authorities other public person or its authorities do not want movable property;
1.4. the order in which the Ministry gives permission to dispose of State movable property, taking into account the type and value of property;
1.5. 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 movable property;
1.6. the order in which you define the transfer amount of costs and expenses;
1.7. the order in which the Minister gives permission to dispose of the Union's structural policies pre-accession instrument PHARE programme-funded projects implemented or results obtained in real estate or movable property project final beneficiary who is not a public person or authority or supervision institution.
II. Public personal property seizures 2. Article 4 of the law of persons mentioned in the fourth paragraph (hereinafter referred to as the transfer agent) public people's real estate transfer proposal (hereinafter referred to as the transfer proposal) shall provide: 2.1. public joint stock company "national real estate" (hereinafter – the company) proposes to dispose of the country where immovable property (with the exception of those provisions referred to in point 2.2 cases);
2.2. public joint stock company "Privatization Agency" (hereinafter called the Agency) if the seized Government House, they believed part or the apartment property is in the possession of the Agency (transfer of law submitted a proposal in article 4, the fourth paragraph 5 and 6 of the person referred to in paragraph);
2.3. If the municipality concerned to dispose of the municipality proposes real estate;
2.4. the corresponding derived public person or authority if they propose to dispose of the derived public person of real property that is not listed in this provision 2.1., 2.2 and 2.3 above.
3. the transfer proposal submitted in writing. Disposal suggestion indicates the following: 3.1 the disposal agent's name, surname, personal code and citizenship (natural person) or the name of the legal person and the unified registration number;
3.2. transfer agent's declared place of residence or a registered office and address in which the other person is reachable;
3.3. the initiation of disposal of legal basis according to the law;
3.4 public people seized real estate and cadastre number.
4. Transfer proposal adds: 4.1 disposal agent for property rights, copies of the supporting documents;
4.2. a copy of the plan limits structures burned in the land;
4.3. 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, the State Land Cadastre Service statement for submission to the Court of the land registry Division of real property, which contains the only building that shows the land cadastral designation of the unit, which is located in or partially in the building (construction);
4.4. State land cadastre service certificate of real estate, the real estate and ownership;
4.5. If the land specified in the plan of the building (structure) does not match the number entered in the land register buildings (premises), – State land cadastre service, certificate of the land unit;
4.6. If the parcel has two or more independent structure property belonging to different owners: 4.6.1. which their property rights in the land, is consolidated, notarized agreement on what parts of the supposedly each owner gets a piece of land, the State land service or opinion on the distribution of land unit fractions along with notarized refusal to conclude such an agreement, if one of the owners of the building refused to close down;
4.6.2. only one of which their property rights are secured in the land and submit the transfer proposal, the State land Department's opinion on the distribution of land unit fractions;
4.6.3. some of which building owners of their property rights have been consolidated in the land, with the exception of this rule 4.6.2. cases referred to, the notarized agreement on what parts of the supposedly each owner gets a piece of land, provided that the land registry recorded in buildings are reserved to them, in proportion to the land his assent believed, on the basis of the State land service of the land unit fractions in the distribution or the State land service opinion on the distribution of land unit fractions along with notarized refusal to enter into such an agreement If any of the owners of the buildings that their property rights are secured in the land, refused to close down;
4.7 by limited liability companies – 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 disposal of the agent copy of identity document (physical person) or legal person of a copy of the registration certificate.
5. If a residential home, they supposedly or apartment property seizures suggestion submitted to the law article 4, point 5, fourth subparagraph, the persons signing the proposal, tenants (tenants, if the total seized is flat) or his family member. Adds: proposed disposal 5.1 disposal agent. ID copy of the document;
5.2. the tenant and his family members, notarized agreement about who or which of them will gain ownership of the residential house, its supposedly a part or the apartment property;
5.3. movable property living space rent a copy of the contract (if the total seized is flat, the tenancy agreement);
5.4. statement of rent and utility payments to the debt exists or not.
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 supporting documents. National Authority (the authority), which are owned or held the immovable property, within the time limit set by law after the transfer request was received for the company: 6.1. land registry certificate (50 words);
6.2. land boundary plan;
6.3. the seized real estate lease (rental) agreements;
6.4. the building (construction) cadastral Affairs determine (in the case of the shipbuilding technical inventārizācij).
7. Disposal suggestions dealing with the company, agency or relevant authority a derived public person and following the suggestion of disposal of the documentation attached to the transfer agent to provide written response, if necessary, stating that the provision in paragraph 5 or 4 these documents have not been submitted.
8. Disposal of the refuse to consider a proposal if: 8.1 Cabinet or derived public people's authority has taken a decision that will need land built up public administration functions in accordance with the law of public administration facilities;
8.2. the real property is situated in an area where the disposal prohibited by law;
8.3. transfer proposal presented by a person who is not a transfer agent;
8.4. 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 Chairman statement of consent signed by the land expropriation;
8.5. transfer agent within six months after the submission of the proposed disposal is not submitted by the public, the agency or relevant authority a derived public person in that rule 4 or 5. documents referred to in paragraph 1;

8.6. 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 derived public person;
8.7. the proposal presented by the seizures the person specified in article 4 of the law of the fourth paragraph of point 3 and 4, but not one of the newly recorded in the land register buildings (constructions) do not exist in nature.
9. Public people real estate agent disposal disposal if suspended: 9.1. disposal agents who seized the land is owned houses are not entered into the lease land seized;
9.2. transfer agent has a debt, rental lease debt or tax debt relating to movable real estate;
9.3. in the land is registered agent or the seizure of disposal of immovable property alienation prohibition, on the basis of which may be disputed or the seizure of the disposal agent for property rights;
9.4. upon receipt of the notice of disposal disposal agent with the reasoned application to fine-tune the value of seizures in the sponsoring institution approached and society "Latvian property Appraisers Association".
10. by paragraph 9 of these regulations for the reasons referred to in the prevention of a public person disposes of real estate law.
11. at the suggestion of disposal of the registration agency or company in the respective derived public persons, as well as these rules 4, 5 and 6 of the document referred to in paragraph 1, taking into account the provisions of paragraph 8 of these conditions: 11.1 the company shall adopt a decision on the State-owned service of land built up for disposal or justified the seizures of the refusal of the proposal;
11.2. company (except this rule 11.1. cases referred to) in preparing draft order of the Cabinet of the national real property expropriation or the transfer justified the refusal of the proposed disposal;
11.3. the Agency in preparing the draft order of the Cabinet of Ministers for the possession of the State in the residencies, they supposedly or apartment property transfer or transfer for disposal of municipal property or prepare a reasoned refusal of proposal of disposal;
11.4. derived public people authority shall take a decision on the transfer of property of public persons, or justified the expropriation expropriation proposal refusal.
12. to see if the State seized real property do not need another public authority, public corporation or a public person or derived their authority, except that rule 11.1. case referred to, 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 a meeting of the public authorities, public corporations or public entities or derived their authority does 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. 
13. If the Government seized real estate requires public authorities, public corporations or public entities or derived their bodies function properly, the public authority, public corporation or a public person derived two weeks after the order of the Cabinet of Ministers draft for the expropriation of the estate opened the meeting, the Secretary of State shall notify to the Ministry's Secretary of State declared at a meeting of the Cabinet of Ministers draft order and month in ensure that: 13.1 the order of the Cabinet of Ministers for submission of the project proposal refusal disposal if disposal suggestion submitted the transfer agent;
13.2. The Cabinet of Ministers order of the presentation of the national service of real estate owned or held, or the derived property of a public person. A change in the national real estate holder or the holder does 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 the 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 or holder, you need the order of the Cabinet of Ministers.
14. If the person who has the pre-emption, is presented in built-up land seizures, but the proposed legislation is not used within the time limit set for 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 date of disposal of the registered society or suggestion given derived public person.
15. If after the built-up land seizures and proposed disposal of registration in the register of changes to the site's existing buildings (construction) owner of the land is expropriated only if the new building (construction) owner received this land transfer proposal. This proposal is about educator and land is seized in accordance with the laws and regulations that are in force on the date on which the transfer proposal, registered, except where the transfer proposal submitted a proposal requesting heir disposal.
16. If the person who has the right of pre-emption, the legal deadline pre-emption is not used, the company or the relevant municipal Council cancels decision on built-up land seizures, if it has been adopted in accordance with the State and municipal property privatization and privatization certificates of completion of the use of the law.
III. Procedures identify public or its institutions need another public person unnecessary State movable property, in cases where the State movable property exchange or the service supplier, making off, without identifying the persons or public authorities other public person unnecessary State movable property, the transfer of property order and the order in which the Ministry gives permission to dispose of State movable property, taking into account the type and value of property 17. authorization to alienate the State movable property that is, under its authority, the Ministry of supervision or held by the Authority (hereinafter referred to as the subordinated institutions) or a Corporation owned or held by, the appropriate Ministry may be given where: 17.1. State real property seized is not a military State real property;
17.2. the State movable property seized in the case of one unit or communion (communion being seized of the case) the remaining book value after accounting data does not exceed 1000 lats.
18. If the Moveable assets of the country in accordance with the Cabinet of Ministers of 30 November 2004, the Regulation No. 985 "rules on the classification and characteristics of the waste, which makes the waste hazardous ' waste correspond to one of the classification categories, they can propose, not alienation found the public authorities and the public of the person or the child to authorities after the Ministry, its subordinated bodies or corporations owned or held the existing national housing unnecessary.
19. in addition to paragraph 18 of these rules the condition laid down in the exchange of State movable property or the service supplier, making off, without clarifying the public authorities and the public of the person or the child to authorities after the Ministry, its subordinated bodies or corporations owned or held in a country need not movable property, if there is any of the following conditions: 19.1 real property unit or thing (the togetherness of togetherness is changed or passed on to the supplier by including the remaining balance) value after accounting data is less than 1000 lats;
19.2. movable assets removed from State material reserves due to the materials or the quantity of the reserves of the nomenclature of the clarification.
20. The Ministry clarified its subordinated to the needs of the institutions by the Ministry, its subordinated bodies or corporations owned the unwanted State movable property and pass this property free of charge to existing institutions subordinated to them in the following order: 20.1. If things at the same time requires multiple subordinated authorities, it shall be made available to the authority that it requires direct function;

20.2. If things at the same time requires multiple institutions subordinated to their direct function, the question of the transfer of property by lottery principle resolved.
21. If the Ministry, its subordinated bodies or corporations owned or held the existing unwanted State movable property is not logged on no one subordinated to the Ministry of authority, to the determination of other public authorities and the public of the person or the child to authorities after the Ministry, its subordinated bodies or corporations owned or held in a country need not movable property (including country living real property), the Ministry They subordinated to the authority or the Corporation information about unwanted State movable property, specifying the amount, the balance sheet value of the technical situation and technical description depending on the type of property, free public website shall be published on the internet.
22. national authorities, persons or public derived their bodies, which the State real property is required within two weeks after the State required not movable publishing company's home page on the internet, but for country living movable property within five working days of applying for the Ministry, its Benchers authority or corporation to unnecessary State movable property, shall be made with a check mark in the public home page on the internet, on which the relevant authority in addition to writing to the Ministry They subordinated to the authority or the Corporation whose public website on the internet published by relevant information.
23. the property free of charge transferred in the following order: 23.1. If unwanted State movable property log into at least one public authority (in case the first is logged on to the child's person or public authority), the national body which first requested it. Where several authorities at the request of the property (check mark in one of the company's home page, date and time), it shall be made available to the authority that it requires direct function. If things at once (one date) require more public authorities in their direct function, the question of the transfer of property by lottery principle to solve;
23.2. If the unwanted State movable property is not logged on, no public authority, it derived public person – or its authority, which it is requested first. If things at the same time (check the website of the public made the same date and time) requires multiple derived public persons, or their bodies, the question of the transfer of property by lottery principle resolved.
24. in paragraph 21 of these rules a condition does not apply if the Cabinet of Ministers, in accordance with article 43.1 of the Act, the first subparagraph shall decide on the transfer of movable property in the property free of charge to the public good, as well as foreign Governments and international organizations.
25. The provision in paragraph 22 and 23 these conditions do not apply to the national living in movable property, if the person who performs official duties using a Government chattel living, go to another country in the service of authority in the position in which it performs duties using a Government chattel living. Subordinated to the Ministry, the authority or the Corporation in this case it is not country living chattel offers it a public body to which the services of the person in question go, sending the public authority concerned a written information about the Ministry, its subordinated authority or corporation not country living chattel.
26. If these provisions referred to in paragraph 25, the national authority within five working days of receipt of the information about the Ministry, its subordinated to the authority or the Corporation of unnecessary national living chattel does not log on to the Ministry, they are subordinated to the authority or the Corporation not country living chattel disposes of these provisions in paragraphs 22 and 23.
27. If paragraph 22 of these provisions within the time limit set out in any public authority or a public person not derived for the Ministry, its subordinated bodies or corporations owned or held an unnecessary State movable property, the transfer takes place in accordance with the law.
28. the national transfer of movable property shall be drawn up, creating and commissioning.
29. the national adoption of movable property and certificate confirms its official, who has given permission to dispose of State movable property.
IV. The order in which a person or a public authority chooses to offer a public exchange of personal movable property against the equivalent of another person movable property 30. If the estimated contract price of the exchange contract is 3000 dollars or more, offer the public people in Exchange for the equivalent of another person's movable assets, including the applicants, chooses the public procurement law.
31. If the estimated contract price of the exchange agreement is less than 3000 lats, offer a public exchange of personal movable property against the equivalent of another person's movable assets, including the applicants, chooses the public procurement Act in accordance with the procedure laid down in article 8, without application of the conditions laid down in the notice of the publication of the contract notice and information publication on contracts.
32. If the estimated contract price of the exchange agreement is less than 3000 lats a person or the public authority, which are owned or held the property, in addition to the provisions laid down in paragraph 30 of its homepage on the internet: 32.1. publish notice of the planned agreement, setting the deadline for the submission of tenders, of not less than seven days from the date of publication of the notice;
32.2. not later than five days after the conclusion of the contract of Exchange published an informative statement on the conclusion of an exchange agreement.
33. under the terms of The expected value of the contract price of the equivalent type of movable property of another person (which will be received against public persons movable) without the value added tax. Determining the estimated contract price, also takes account of the movable change the relative price difference. Public person or authority the price difference payable by cash.
34. the Commission, which selects the offer public exchange of personal movable property against the equivalent of another person movable property, article 9 of the law creates the subject referred to in the third subparagraph.
V. Disposal costs about 35. determination of Ministry, its subordinated bodies or corporations owned or held the State movable property disposition of the amount of expenditure and the order in which the State movable property disposition in favour of the State funds the general revenue account, determine the relevant Minister. If the public authority is not subordinated to the Ministry, the State movable property disposition of the amount of expenditure and the order in which the State movable property disposition in favour of the State funds the general revenue account, the head of the institution.
36. the State real property disposal costs as a percentage of the sales price is the following: 36.1. selling of land, built up – 50 per cent, but not less than 900 lats of sales prices;
36.2. the sale of other real estate property, 50 percent, but not less than 1500 lats of sales prices.
37. The Ministry, its subordinated bodies or corporations national real property disposition of funds deducted from the provision referred to in paragraph 36 of the expenditure, including the State general revenue account in the month of their reception.
38. A derived public person or seizure of the authorities of the amount of costs and expenses of and the order in which the derived public person or seizure of the authorities for features in favour of the child concerned public people's budget, determine the relevant authority a derived public person.
Vi. The order in which the Minister gives permission to dispose of the Union's structural policies pre-accession instrument PHARE programme-funded projects implemented or results obtained in real estate or movable 39. 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. The Minister of industry shall take a decision on the authorisation to dispose of the Union's structural policies pre-accession financial instruments PHARE programmes (hereinafter the PHARE programme) financed from the resources in the course of implementing the projects or the resulting real estate or movable property of the final beneficiary of the project, which is not a public person or institution or institution, under the supervision of or decision on a proposal from the refusal of reasonable disposal.
40. 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).
41. The Minister of industry during the month looking real estate disposal suggestions and provide national officer or the older industry official written response about the decision taken. A copy of the response sent to the final beneficiary of the project.

42. 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 final beneficiary of the project, which is not a State or local government authority or supervision institution.
43. The Minister of industry during the month looking movable property disposition of suggestions and provide national officer or the older industry official written response about the decision taken. A copy of the response sent to the final beneficiary of the project.
44. 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.
VII. Closing issues 45. Until the company developed and introduced the software to the public authorities and the public of the person or the child to authorities after the Ministry, its subordinated bodies or corporations owned or held in a country need not movable property, but not longer than until 1 July 2011 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.
46. If a national real property forfeited to the august 21, 2009, the Treasury after State seizure of immovable property shall adopt a reasoned request of a separate decision on the order in which the State property transfer in favour of the State budget funds.
Prime Minister v. dombrovsky Finance Minister a. Wolf