Advanced Search

Law No. 9 Of January 8, 1998

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 9 9 of 8 January 1998 (** republished) (* updated *) on the granting of compensation to Romanian citizens for goods passed to the Bulgarian state following the application of the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940 ((updated on 18 December 2014 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to the provisions art. II of Law no. 403/2006 to amend and supplement Law no. 9/1998 on the granting of compensation to Romanian citizens for goods passed to the Bulgarian state following the application of the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, published in the Official Gazette of Romania, Part I, no. 956 956 of 28 November 2006. Law no. 9/1998 was also republished in the Official Gazette of Romania, Part I, no. 105 105 of 7 February 2002. + Article 1 (1) Romanian citizens prejudiced following the application of the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, hereinafter referred to as the Treaty, are entitled to the compensation established under this law, in so far as they have not received previously or received only partially compensation or compensation for immovable property-construction and land-that they had in the property in Durostor and Caliacra counties, ceded to Bulgaria, for the unculese crops of corn, cotton and sunflower, as well as for plantations of fruit trees and/or tree nurseries Grafted fruit. ((2) Abrogat. ---------- Alin. ((2) of art. 1 1 was repealed by lit. a) a art. 21 of LAW no. 164 164 of 11 December 2014 , published in MONITORUL OFFICIAL no. 910 910 of 15 December 2014. (3) Benefit from the provisions of par. (1) and Romanian citizens prejudiced as a result of optional or compulsory immigration provided for in art. III of the treaty, from other counties of Bulgaria than the counties ceded, Durostor and Caliacra. + Article 2 ((1) The compensation shall be granted to those entitled, in the form of separate monetary compensation for land, for construction and for the unculese crops of maize, cotton and sunflower, and for plantations of fruit trees and/or nurseries of fruit trees grafted, as follows: a) for each hectare of land, an amount calculated at the average value of the categories of land, established under the conditions provided by the legal provisions for the heritage value of land constituting social capital, or, on request, companies with full or majority state capital in the home or neighbouring county, without the total land area for which compensation is granted to exceed the area provided for by Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions; b) for each dwelling-including household annexes-, as well as for constructions with other destinations, an amount calculated in relation to the built area and to the construction materials used, as well as to the age of construction; in this the amount is included and the compensation for the land related to the construction, namely the land under construction and the c) for non-woven crops of maize, cotton and sunflower, an amount calculated in relation to the area cultivated and the average yield per hectare in the year 1940; d) for plantations of fruit trees and/or nurseries of altoiti fruit trees, an amount calculated in relation to their surface. (. The Commission referred to in art. 6 will be able to increase by up to 50% the monetary compensation provided in par. ((1) lit. a), b) and d), in relation to the special value of some constructions, urban or rural intravilane land, plantations of altoiti fruit trees, if such an assessment is justified on the basis of the acts presented by those concerned. (3) The evaluation criteria, the concrete ways to determine the amount of compensation for agricultural land, intravilane land, construction and crops, fruit tree plantations and/or nurseries of grafted fruit trees will be regulated. by the methodological norms approved by the Government, provided in art. 13. The construction evaluation criteria will be established under the conditions laid down by Law no. 112/1995 for the regulation of the legal situation of some buildings with the destination of housing, passed into state property, with subsequent amendments. + Article 3 (1) If, previously, those entitled have been partially compensated, in money or in kind, for the damage suffered as a result of the application of the treaty, they are entitled to compensation, in proportion, for the damage left uncovered, in limits laid down in art. 2. ((2) Eliminated. ----------- Alin. ((2) of art. 3 has been removed, following the termination of the legal effects of the EMERGENCY ORDINANCE no. 10 of 27 February 2013, published in the OFFICIAL GAZETTE no. 114 of 28 February 2013, by Decision of the Constitutional Court no. 528 528 of 12 December 2013, published in the Official Gazette no. 63 63 of 24 January 2014. + Article 4 (1) Within 18 months from the date of entry into force of this law, persons entitled to compensation, former owners or their heirs, shall submit in this regard requests accompanied by supporting documents to the county commission or the Bucharest municipality for law enforcement. (2) If the heirs of the former owners reside in different counties, they will submit their applications to the commission of Bucharest. (3) Persons referred to in par. (1) and (2) will annex on request an authenticated declaration, on their own responsibility, showing the areas of land, constructions and crops for which they are considered entitled to receive compensation under the conditions of this law. (4) Within the period provided in par. (1), entitled persons may submit applications, not accompanied by documents, in case of temporary impossibility to procure the supporting documents, the deadline for the submission of documents extending by a maximum of 90 days from the date of filing of the request. *) Note
----------
* *) See Law no. 97/2005 for the granting of compensation to Romanian citizens who did not benefit from the provisions Law no. 9/1998 on the granting of compensation to Romanian citizens for goods passed to the Bulgarian state following the application of the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, published in the Official Gazette of Romania, Part I, no. 325 325 of 18 April 2005, and Law no. 348/2006 establishing a new deadline for Romanian citizens who did not benefit from the provisions Law no. 9/1998 on the granting of compensation to Romanian citizens for goods passed to the Bulgarian state following the application of the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, published in the Official Gazette of Romania, Part I, no. 640 640 of 25 July 2006.
----------
+ Article 5 ((1) Abrogat. ---------- Alin. ((1) of art. 5 5 was repealed by lit. a) a art. 21 of LAW no. 164 164 of 11 December 2014 , published in MONITORUL OFFICIAL no. 910 910 of 15 December 2014. (2) National Archives, Ministry of Foreign Affairs, Ministry of Agriculture, Forestry and Rural Development, as well as other public institutions holding acts relating to the situation of persons evacuated from Durostor and Caliacra counties, as a result of The application of the Treaty, shall be obliged to issue to those concerned children on the + Article 6 (1) Within 30 days from the publication of the present law in the Official Gazette of Romania, Part I, it is constituted, by order of the prefect, in each county and in Bucharest, a commission for the application of the law, composed of the director general of the general directorate of public finances, director of the department for agriculture and rural development, head of the county department of the National Archives, head of the territorial inspectorate in construction, a legal adviser appointed by the prefect a public notary appointed by the Ministry of Justice, on a proposal from the Public Notaries. The commission will operate within the prefecture. (. The chairman of the commission referred to in paragraph (1) is the prefect. ((3) Abrogat. ---------- Alin. ((3) of art. 6 6 was repealed by lit. a) a art. 21 of LAW no. 164 164 of 11 December 2014 , published in MONITORUL OFFICIAL no. 910 910 of 15 December 2014. ((4) Abrogat. ---------- Alin. ((4) of art. 6 6 was repealed by lit. a) a art. 21 of LAW no. 164 164 of 11 December 2014 , published in MONITORUL OFFICIAL no. 910 910 of 15 December 2014. + Article 7 ((1) Abrogat. ---------- Alin. ((1) of art. 7 7 was repealed by lit. a) a art. 21 of LAW no. 164 164 of 11 December 2014 , published in MONITORUL OFFICIAL no. 910 910 of 15 December 2014. ((2) Abrogat. ---------- Alin. ((2) of art. 7 7 was repealed by lit. a) a art. 21 of LAW no. 164 164 of 11 December 2014 , published in MONITORUL OFFICIAL no. 910 910 of 15 December 2014. ((3) Abrogat. ---------- Alin. ((3) of art. 7 7 was repealed by lit. a) a art. 21 of LAW no. 164 164 of 11 December 2014 , published in MONITORUL OFFICIAL no. 910 910 of 15 December 2014. ((4) Abrogat. ---------- Alin. ((4) of art. 7 7 was repealed by lit. a) a art. 21 of LAW no. 164 164 of 11 December 2014 , published in MONITORUL OFFICIAL no. 910 910 of 15 December 2014. ((5) Abrogat. ---------- Alin. ((5) of art. 7 7 was repealed by lit. a) a art. 21 of LAW no. 164 164 of 11 December 2014 , published in MONITORUL OFFICIAL no. 910 910 of 15 December 2014. ((6) Abrogat. ---------- Alin. ((6) of art. 7 7 was repealed by lit. a) a art. 21 of LAW no. 164 164 of 11 December 2014 , published in MONITORUL OFFICIAL no. 910 910 of 15 December 2014. (7) If the compensation is requested by several heirs of the same person, as well as when after the adoption of the judgment appear other persons having a succession vocation, the relations between the successors regarding the compensation shall be settle according to common law. + Article 8 Repealed. ---------- Article 8 was repealed by the letter. a) a art. 21 of LAW no. 164 164 of 11 December 2014 , published in MONITORUL OFFICIAL no. 910 910 of 15 December 2014. + Article 9 (1) For the assessment of land, construction and non-woven crops of corn, cotton and sunflower, plantations of fruit trees and/or nurseries of grafted fruit trees, the county commissions or the city of Bucharest shall designate one or more specialized technical committees, as the case may be, consisting of 3 specialist members in construction surveys and land and agricultural assessors, appointed from public institutions, devolved public services or local councils. (2) Local councils, public institutions and their devolved public services are obliged to delegate, at the request of the county commission or Bucharest municipality, specialists for carrying out the technical evaluation reports compensation. (3) The result of the evaluation shall be recorded in a technical evaluation report signed by all the members of the technical commission, which shall be submitted to the county commission or the (4) The technical evaluation committees shall be obliged to draw up, draw up and submit the technical evaluation reports with maximum speed. ((5) Each member of the technical evaluation committee shall benefit from an allowance, calculated in relation to the number of hours related to the drawing up of each report, set out in lei/hour, on the basis of deviz appended to the technical evaluation report, approved by the Commission county or city of Bucharest. The gross hourly allowance shall be determined by dividing the amount resulting from the application of the 20% share on the monthly gross basic salary for the position of general secretary in the ministries to the number of working hours related to each month. (6) The allowances provided in par. ((5) shall be taxed in accordance with the regulations in force concerning the imposition of income of individuals. (7) The allowances for the members of the technical commissions are paid by the Ministry of Public Finance, by the general directions of the county public finances or the city of Bucharest, from the amounts provided in the chapter "Other actions" subchapter "Civil compensation, as well as judicial and extrajudicial expenses derived from actions in representing the interests of the state, according to the legal provisions." + Article 10 Requests addressed to any public authorities, as well as legal actions with the object of granting the compensation provided for by this law shall be exempt from any taxes. + Article 11 The right to any compensation for damage suffered from the application of the treaty shall be extinguished by the exhaustion of the provisions provided by this law or by non-solicitation of compensation within the period provided 4. + Article 12 The activity of the commissions provided for in 6 ceases on the date of completion of all applications submitted under 4. 4. *) Note
----------
* *) See Law no. 97/2005 for the granting of compensation to Romanian citizens who did not benefit from the provisions Law no. 9/1998 on the granting of compensation to Romanian citizens for goods passed to the Bulgarian state following the application of the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, published in the Official Gazette of Romania, Part I, no. 325 325 of 18 April 2005, and Law no. 348/2006 establishing a new deadline for Romanian citizens who did not benefit from the provisions Law no. 9/1998 on the granting of compensation to Romanian citizens for goods passed to the Bulgarian state following the application of the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, published in the Official Gazette of Romania, Part I, no. 640 640 of 25 July 2006.
----------
+ Article 13 The Ministry of Public Finance, together with the Ministry of Transport, Construction and Tourism, the Ministry of Agriculture, Forestry and Rural Development, the Ministry of Foreign Affairs and the Ministry of Justice will submit to the Government, for approval, in days after the publication of the present law in the Official Gazette of Romania, Part I, methodological norms * *) on the working way of the commissions constituted according to art. 6, the remuneration of the members of the commissions, the management of the funds provided for in the state budget with the destination of compensation, the criteria and the modalities for determining the compensation, as well as the modalities for granting the 2 2 para. ((1) lit. a). Note
----------
** **) The methodological norms were approved by Government Decision no. 753 753 of 26 October 1998 , published in the Official Gazette of Romania, Part I, no. 458 of 30 November 1998, and have been amended and duly completed, according to the provisions of art. II of Government Emergency Ordinance no. 172/1999 ,, by Government Decision no. 475 475 of 9 June 2000 , published in the Official Gazette of Romania, Part I, no. 276 276 of 19 June 2000.
----------
+ Article 14 This law shall enter into force within 60 days of its publication in the Official Gazette of Romania, Part I. -------