Law No. 9 Of January 8, 1998

Original Language Title:  LEGE nr. 9 din 8 ianuarie 1998

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Law No. 9 of 8 January 1998 (* republished *) (* updated *) for the granting of compensation to Romanian citizens in respect of goods listed in the Bulgarian State property pursuant to the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940 (updated on 18 December 2014 *)-PARLIAMENT ISSUING — — — — —-*) Republished pursuant to art. II of law No. 403/2006 modifying and completing law No. 9/1998 concerning the granting of compensation to Romanian citizens in respect of goods listed in the Bulgarian State property pursuant to the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, published in the Official Gazette of Romania, part I, no. 956 of 28 November 2006.
Law No. 9/1998 has been republished in the Official Gazette of Romania, part I, no. 105 of 7 February 2002.


Article 1 (1) Romanian citizens injured in the application of the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, hereinafter referred to as the Treaty, have the right to compensation laid down according to the present law, to the extent that they did not receive or have received only partial compensation times compensation for real estate-construction and land they had owned in the counties of Durostor and Caliacra , will be transferred to Bulgaria, for the harvest of corn, picked cotton and sunflowers, as well as plantations of fruit and/or fruit trees nurseries.
  

(2) Repealed. — — — — — — — — —-. (2) of article 9. 1 was repealed by lit. the article) 21 of law No. 164 of 11 December 1970, published in MONITORUL OFICIAL nr. 910 of 15 December 2014.

  

(3) the provisions of paragraphs 1 and 2 shall be eligible for. (1) the Romanian citizens and injured as a result of voluntary or compulsory immigration. III of the Treaty, other than counties counties Bulgaria ceded, Durostor and Caliacra.
  


Article 2 (1) shall be granted to those entitled to Compensation in the form of monetary compensation for land, for construction and for the harvest of corn, picked cotton and sunflowers, as well as plantations of fruit and/or fruit trees nurseries, as follows: a) for each hectare of land, an amount calculated at the mean value of the categories of land which has been established under the laws of the land heritage that make up social capital or, upon request, with shares in companies with the capital times, the majority stayed in your home county or adjacent to, without the total surface of land in respect of which compensation is granted to exceed the area provided by the law of the Land Fund No. 18/1991, republished, with subsequent amendments and additions;
  

b) for each dwelling-including household annexes-and for changes in other destinations, a sum calculated in relation to the surface of the material and construction used and the length of the construction; This amount is included in and compensation for land related construction, namely the golf course under construction and the Court;
  

c) to harvest corn, picked cotton and sunflowers, a sum calculated in relation with acreage and yield per hectare in 1940;
  

d) plantations of fruit and/or fruit trees nurseries, a sum calculated in relation to their surface.
  

(2) the Commission referred to in article 1. 6 will be able to increase by up to 50% the financial compensation referred to in paragraph 1. (1) (a). a), b) and d), in relation to the value of the buildings, urban or rural land to pastures, plantations of fruit trees, if such a discretion is justified on the basis of documents presented by those concerned.
  

(3) evaluation criteria, modalities of establishing the amount of the compensation for farmland, barren land, construction and plantation crops, fruit and/or fruit trees nurseries shall regulate by means of the methodological norms approved by the Government, referred to in art. 13. the criteria of evaluation of structures will be established under the conditions provided for by law No. 112/1995 regulating the legal situation of some buildings intended for housing passed in State ownership, with subsequent amendments.
  


Article 3 (1) where, previously, the justified were partially compensated in money or in kind, for losses suffered as a result of application of the Treaty, they are entitled to compensation in proportion to the injury, remained uncovered, within the limits laid down in article 21. 2. (2) Removed. — — — — — — — — — —-. (2) of article 9. 3 has been removed as a result of the termination of the legal effects of the EMERGENCY ORDINANCE nr. 10 of 27 February 2013, published in MONITORUL OFICIAL nr. 114 dated 28 February 2013, by a decision of the Constitutional Court No. 528 of 12 December 2013, published in Monitorul Oficial nr. 63 of 24 January 2014.


Article 4 (1) within 18 months after the date of entry into force of this law, the persons entitled to compensation, the former owners or their heirs, shall to this end requests accompanied by the supporting documents to the County Commission or municipality of Bucharest for law enforcement.
  

(2) if the heirs to former owners residing in different counties, they will submit the applications to the municipality of Bucharest.
  

(3) the persons referred to in paragraph 1. (1) and (2) the annex to a declaration notarized request, on its own responsibility, indicating the areas of land, buildings and crops for which shall be deemed to be entitled to receive compensation under this law.
  

(4) within the time limit laid down in paragraph 1. (1) persons entitled may submit applications, not accompanied by the documents, in the event of temporary inability to procure documents, the time limit for the submission of documents which extends no more than 90 days from the date of the Notice) URcererii.* ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see Law No. 97/2005 for the granting of compensation to Romanian citizens who have not availed themselves of the provisions of law No. 9/1998 concerning the granting of compensation to Romanian citizens in respect of goods listed in the Bulgarian State property pursuant to the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, published in the Official Gazette of Romania, part I, no. 325 of 18 April 2005, and the law. 348/2006 concerning the establishment of a new term for Romanian citizens who have not availed themselves of the provisions of law No. 9/1998 concerning the granting of compensation to Romanian citizens in respect of goods listed in the Bulgarian State property pursuant to the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, published in the Official Gazette of Romania, part I, no. 640 of 25 July 2006.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 5 (1) be repealed.
  

— — — — — — — — —-. (1) of article 1. 5 was repealed by lit. the article) 21 of law No. 164 of 11 December 1970, published in MONITORUL OFICIAL nr. 910 of 15 December 2014.

(2) national archives, Ministry of Foreign Affairs, the Ministry of agriculture, forestry and rural development, as well as other public institutions that hold documents relating to the situation of persons evacuated from the counties of Durostor and Caliacra County as a result of application of the Treaty, shall be obliged to issue to those interested in copies of the paperwork required.
  


Article 6 (1) within 30 days of the publication of this law in the Official Gazette of Romania, part I, is hereby set up by order of the prefect, in each county and in Bucharest, a Commission for law enforcement, composed of the Director general of the General Directorate of public finance, the Director of the Directorate for agriculture and rural development, head of the County to the national archives the head of the territorial Inspectorate in constructions, a legal adviser appointed by the prefect and a notary public appointed by the Ministry of Justice on the proposal of the National Union of notaries public. The Commission will work within the prefecture.
  

(2) the President of the Commission referred to in paragraph 1. (1) it is prefect.
  

(3) Repealed.
  

— — — — — — — — —-. (3) art. 6 c has been repealed. the article) 21 of law No. 164 of 11 December 1970, published in MONITORUL OFICIAL nr. 910 of 15 December 2014.

(4) Repealed.
  

— — — — — — — — —-. (4) article. 6 c has been repealed. the article) 21 of law No. 164 of 11 December 1970, published in MONITORUL OFICIAL nr. 910 of 15 December 2014.


Article 7 (1) Repealed.
  

— — — — — — — — —-. (1) of article 1. 7 was repealed by lit. the article) 21 of law No. 164 of 11 December 1970, published in MONITORUL OFICIAL nr. 910 of 15 December 2014.

(2) Repealed.
  

— — — — — — — — —-. (2) of article 9. 7 was repealed by lit. the article) 21 of law No. 164 of 11 December 1970, published in MONITORUL OFICIAL nr. 910 of 15 December 2014.

(3) Repealed.
  

— — — — — — — — —-. (3) art. 7 was repealed by lit. the article) 21 of law No. 164 of 11 December 1970, published in MONITORUL OFICIAL nr. 910 of 15 December 2014.

(4) Repealed.
  

— — — — — — — — —-. (4) article. 7 was repealed by lit. the article) 21 of law No. 164 of 11 December 1970, published in MONITORUL OFICIAL nr. 910 of 15 December 2014.

(5) Repealed.
  

— — — — — — — — —-. (5) article. 7 was repealed by lit. the article) 21 of law No. 164 of 11 December 1970, published in MONITORUL OFICIAL nr. 910 of 15 December 2014.

(6) Repealed.
  

— — — — — — — — —-. (6) article. 7 was repealed by lit. the article) 21 of law No. 164 of 11 December 1970, published in MONITORUL OFICIAL nr. 910 of 15 December 2014.


(7) where compensation is requested by several heirs of the same person, and when the enactment appear and others having vocation relationships between successors portion relating to compensation shall be settled according to the common law.
  


Article 8 Repealed.
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Art. 8 was repealed by lit. the article) 21 of law No. 164 of 11 December 1970, published in MONITORUL OFICIAL nr. 910 of 15 December 2014.


Article 9 (1) to evaluate the land, construction and picked crops of corn, cottonseed and sunflowers, fruit tree plantations and nurseries of fruit trees, the county commissions or Bucharest shall appoint one or more technical committees, where appropriate, consisting of 3 members studied construction specialists and property appraisers and surveyors appointed within the public institutions decentralized public services, or local councils.
  

(2) the local councils, public institutions and decentralized public services thereof are required to delegate to the Commission, at the request of the county or municipality of Bucharest, specialists to carry out the technical evaluation reports of damages.
  

(3) the assessment shall be recorded in a report signed by the technical evaluation of all members of the technical Commission, which shall be submitted to the County Commission or municipality of Bucharest.
  

(4) technical evaluation Committees are obliged to draw up, to draw up and submit with maximum swiftness of technical evaluation reports.
  

(5) each Member of the technical Commission of evaluation benefit from an allowance calculated in relation to the number of hours incurred in preparation of each report, drawn up in euro/hour-based estimate annexed to the technical evaluation report, approved by the County Commission or municipality of Bucharest. The hourly gross compensation shall be determined by dividing the amount resulting from application of the quota of 20% on the gross monthly wage base for the position of Secretary general of ministries in the number of working hours incurred in each month.
  

(6) the allowances referred to in paragraphs 1 and 2. (5) shall be taxed in accordance with the regulations in force regarding the taxation of incomes of individuals.
  

(7) allowances for members of the boards are paid by the Ministry of public finances, by Directorates General of County or public finances Bucharest, of the amounts referred to in the chapter "other actions" section "civil Damages, as well as judicial and extra-judicial expenses derived from shares in representing the interests of the State, according to legal provisions".
  


Article 10 applications to any public authorities, as well as legal actions involving the granting of compensation provided for by the present law shall be exempt from any charges.


Article 11 the right to any compensation for damage suffered as a result of application of the Treaty shall be extinguished by exhausting the provisions provided for in this Act or by failure to request compensation within the time limit provided for in art. 4. Article 12 of the boards referred to in article Activity. 6 shall cease on the date of completion of all applications filed in accordance with art. 4. *) Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see Law No. 97/2005 for the granting of compensation to Romanian citizens who have not availed themselves of the provisions of law No. 9/1998 concerning the granting of compensation to Romanian citizens in respect of goods listed in the Bulgarian State property pursuant to the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, published in the Official Gazette of Romania, part I, no. 325 of 18 April 2005, and the law. 348/2006 concerning the establishment of a new term for Romanian citizens who have not availed themselves of the provisions of law No. 9/1998 concerning the granting of compensation to Romanian citizens in respect of goods listed in the Bulgarian State property pursuant to the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, published in the Official Gazette of Romania, part I, no. 640 of 25 July 2006.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 13 the Ministry of public finances, together with the Ministry of transport, constructions and tourism, Ministry of agriculture, forestry and rural development, Ministry of Foreign Affairs and Ministry of Justice will submit to the Government for approval, within 60 days of the publication of this law in the Official Gazette of Romania, part I, the methodological norms *) about the workings of committees established under article 14 hereof. 6 members, remuneration committees, management of the funds provided for in the State budget the compensations, the criteria and procedures for determining the payout, as well as the arrangements for granting the actions referred to in article 1. 2 (2). (1) (a). a). Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) methodological norms were approved by Government decision No. 753 of 26 October 1998, published in the Official Gazette of Romania, part I, no. 458 of 30 November 1998, and amended and supplemented accordingly, in compliance with art. The Government Emergency Ordinance nr. 172/1999, by decision No. 475 of 9 June 2000, published in the Official Gazette of Romania, part I, no. 276 of 19 June 2000.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 14 this Act comes into force within 60 days after its publication in the Official Gazette of Romania, part I.

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