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Law No. 318 Of 27 May 2002

Original Language Title:  LEGE nr. 318 din 27 mai 2002

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LEGE no. 318 318 of 27 May 2002 for approval Government Ordinance no. 37/2000 amending and supplementing Government Ordinance no. 128/1998 for the regulation of the way and conditions for the valorisation of legal assets confiscated or entered, according to the law, in private property of the
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 395 395 of 10 June 2002



The Romanian Parliament adopts this law + Article UNIC Approval Government Ordinance no. 37 37 of 30 January 2000 amending and supplementing Government Ordinance no. 128/1998 for the regulation of the manner and conditions for the valorisation of legally confiscated or entered property, according to the law, in private property of the State, issued under art. 1 lit. B point 17 17 of Law no. 206/1999 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 44 of 31 January 2000, with the following amendments and additions: 1. In Article I, point 1, Article 1 shall read as follows: "" Art. 1. -(1) The legal goods confiscated or entered, according to the law, in the private property of the state and which are capitalized under the conditions of this ordinance are: a) confiscated movable property, which has become privately owned by the state under the law, court decisions or decisions of the authorized bodies to carry out the confiscation; b) movable and immovable property arising from successions without legal or testamentary heirs; c) the forlorn movable property, whose owners are unidentified, handed over to the police bodies, or the movable property discovered by the border police bodies in the areas of competence, which have not been claimed by owners for one year from the date of surrender and whose recovery is not regulated by other specific normative acts. In the same category enter the goods whose owners are known, but there are thorough indications, determined by the nature of the goods or the circumstances in which they were found, resulting from the unequivocal intention of the owner to give up the exercise of ownership of them. (2) If the goods referred to in par. ((1) lit. c) are complained about before the expiry of the one-year period from the date of surrender, they shall be returned to the owners or their heirs by the competent police body. In the other situations the goods or their consideration shall be returned under a final and irrevocable court decision. (3) The goods referred to in par. ((1) lit. c), whose owners have been identified and who have given up through an authentic declaration to the exercise of the right of ownership of them, can be capitalized before the expiry of the one-year term, according to the provisions of this ordinance. (4) They may be recovered before the expiry of the one-year period and the goods referred to in par. ((1) lit. c) fulfilling the conditions laid down in art. 6 6 para. ((3). ' 2. In Article I, point 2, Article 2 shall read as follows: "" Art. 2. -(1) The confiscated goods which constitute a criminal offence or a means of proof in the judicial proceedings may not pass into the private property of the State until after the end of the process in question. (2) In the case of goods raised on the occasion of the finding and sanctioning of contraventions on the basis of minutes, the title of property is the very minutes of contravention, if it was not challenged within the legal term or, if it was challenged, the appeal was rejected by a final decision. " 3. In Article I, after point 4, points 4 ^ 1 to 4 ^ 3 are inserted as follows: "" 4 ^ 1. Article 6 (2) will read as follows: (2) After taking over the goods entered into the private property of the state an evaluation committee will proceed with their evaluation within 21 days of the takeover. 4 4 ^ 2. Paragraph 6 of Article 6 will read as follows: (6) The institutions empowered by law to attest the quality of the confiscated goods for sale are obliged to issue the finding certificate, within a maximum of 15 days from the date of its request by the recovery body. 4 4 ^ 3. Paragraph 1 of Article 9 will read as follows: Article 9. -(1) The valorisation of goods passed into the private property of the state shall be made by the recovery bodies, by the stock exchanges, directly from the place of storage or at the place where they are located, through their own stores, public auction or in consignment regime, as appropriate. Direct sale from the place of storage or from the place of possession can be made for goods that require special storage and security conditions or that require a large storage space, which cannot be secured at the time of entry into private property of the state. In this case the sale is made in wholesale system, with full payment or in installments. " 4. In Article I, after point 5, points 5 ^ 1 and 5 ^ 2 are inserted as follows: "" 5 ^ 1. Paragraph 1 of Article 11 shall read as follows: Article 11. -(1) In order to capitalize on the goods entered into the private property of the state, their evaluation will be made by an evaluation committee, established by decision of the Director General of the General Directorate of County Public Finance, respectively of Bucharest, which will have the following component: a) Deputy Director General of the General Directorate of County Public Finance, respectively of Bucharest Municipality-Head of the Commission; b) the head of the revenue collection service within the direction of the administration of the deputy head of the c) the head of the service (office) for the valorisation of the goods which became private property of the state within the direction of the administration of d) the head of the investigation control service, valorization of actions or a person designated by him from the county competition inspectorate or Bucharest municipality; e) a representative from the National Authority for Consumer Protection; f) the representative of the public institution, of the economic agent or the person holding the respective goods, as 5 5 ^ 2. Article 12 will read as follows: Article 12. --(1) In the case of goods which have not been able to be capitalized within 30 days of the date of sale, the evaluation committee may proceed to reassess them. Within 150 days from the date of the first reassessment, several successive reassessments may be made, in the sense of increasing or decreasing the price of the goods, depending on the decision of the evaluation committee. If those goods are not sold within 150 days from the date of the first reassessment, it may be done at the free award, valorisation through the waste collection and recovery units, the dismantling of the goods and the valorisation or destruction of the resulting components or destruction of property, as appropriate. In the same time frame the evaluation committee will be able to decide to change the method of recovery, following the efficiency analysis. (2) The head of the recovery body may decide that the use of the goods entered into the private property of the state shall be made through other capitals, only with their prior consent. ((3) The goods whose term of validity expires in the 180 days without being capitalized shall be destroyed under the supervision of the commission of destruction. " 5. In Article I, after point 6, point 6 ^ 1 is inserted as follows: "" 6 ^ 1. Point b) of paragraph 1 of Article 13 shall read as follows: b) nurseries, kindergartens, children's homes, old people, canteens for the poor, nursing homes, hospitals, schools, cult institutions, people with disabilities, as well as individuals who have suffered from natural calamities, at the proposal of the general directions of the county public finances, respectively of the city of Bucharest, after consulting the local or county public administration authorities or the decentralized public services of ministries at the level of administrative-territorial, as appropriate; ' 6. In Article I, point 7, Article 13 (1), letter e) shall read as follows: " e) legal persons who do not meet the condition of unique users, but have the status of original recipients, for goods entered into the private property of the state and which cannot be capitalized under the conditions of art. 9 9 and 12. " 7. Article II shall read as follows: "" Art. II. -(1) Within 12 months from the date of entry into force of this ordinance the Government will approve the amendment and completion of the Methodological Norms for the application of Government Ordinance no. 128/1998 for the regulation of the way and conditions for the valorisation of legally confiscated or entered property, according to the law, in the private property of the state, Government Decision no. 514/1999 . (2) The procedural aspects regarding the circuit of deserted goods, as well as the documents that are drawn up in connection with them will be regulated once the modification and completion of the methodological norms for the application of this ordinance. " This law was adopted by the Chamber of Deputies at the meeting of November 27, 2001, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU This law was adopted by the Senate at the meeting of May 9, 2002, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT NICOLAE VACAROIU ---------