Decree No. 119 / 1988 Coll.
Decree of the Federal Ministry of Finance on National Property Management
Valid
Effective from 01.07.1988
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119
DECLARATION
Federal Ministry of Finance
of 24 June 1988
on the management of national property
According to § 391 (1) (a) and § 75 of Economic Code 109 / 1964 Coll., as amended:
Subject matter and scope of the adjustment
(1) This decree regulates the conditions for the acquisition of goods by contract to socialist social ownership ("collective ownership '), the right to manage national property and the treatment of claims and other property rights (1) of state economic organisations, budgetary organisations and other state organisations (2) (" organisations').
(2) Furthermore, the Decree regulates the conditions for the acquisition of property into collective ownership by public undertakings, the conditions for the transfer of ownership of property to national property by public undertakings, the conditions for the transfer of real estate law as determined by the land planning documents, and, where appropriate, by the territorial decision for the investment construction of other organisations and land for individual housing and the treatment of claims by public undertakings.
(3) This decree does not apply to the acquisition of property into collective ownership, to transfers of management law and to transfers of ownership of national property which takes place under the normal management.
(4) Furthermore, this decree does not apply to the lending of consumer goods to citizens by organisations set up for that purpose, to the leaving of apartments and rooms for personal use to citizens under a special regulation, 4) to the temporary use of national property to citizens under specific regulations, 5) to the lending of consumer items acquired by organisations for that purpose and to the provision of personal protective equipment and other items under a special regulation. 6)
IMPLEMENTATION OF THE CONTRACTING PARTIES
Reimbursement of goods
(1) Organisations may acquire a contract (7) at a price under price regulations (8) from cooperative organisations, social organisations and other organisations whose activities contribute to the development of socialist relations ("socialist organisations other than state organisations"), matters of collective ownership if they need them to carry out their tasks.
(2) For the purposes referred to in paragraph 1, organisations may acquire contracts (9) for matters of collective ownership from citizens and organisations other than socialist 10) at a price under price regulations. 11)
Free acquisition of goods
(1) Organisations may acquire free of charge items from socialist organisations other than state organisations.
(2) From citizens and organisations other than socialist organisations, organisations can accept the offer of a gift of a cause, including money in the Czechoslovak currency, and the offer of a gift of buildings, buildings, including, where appropriate, the land on which they are built, the courtyard and access routes.
(3) Forestry organisations shall be responsible for accepting from citizens and organisations other than the socialist offer of a gift of forest land and crops on them.
(4) By accepting the offer referred to in paragraphs 1 to 3, the matter shall go into collective ownership and the organisation shall have the right of management.
(5) In order to accept the offer of a gift of real estate, other than those referred to in paragraphs 2 and 3, from citizens and organisations other than socialist, the regional national committee or the national committee shall be equal to the one established by it (hereinafter referred to as the "district national committee ') in whose territorial area the property is situated. By accepting the gift offer, the property is transferred to collective ownership and provisionally managed by the District National Committee under a special rule. 12)
(6) Organisations can accept the offer of a gift of things to social ownership from citizens and legal persons from abroad.
RIGHT OF ECONOMIC AFFAIRS WITH HUMAN NATIONAL PROPERTY
Jurisdiction of national property law
(1) The right of management of matters forming part of national property (hereinafter referred to as "national property") is for the organisation which is entrusted with the tasks for which the national property is to be carried out, unless otherwise provided for in this Decree or in a special provision. 13) If several organisations use national assets for the performance of their tasks, the right of management of the organisation, which uses the largest part of it in proportion to the others, shall be the responsibility of the organisation, unless they agree to have a right of joint management for such national assets. 14) The authorities whose competence is to remove doubts as to which organisation is to exercise the right of management of certain national property may, for serious reasons, in particular economic ones, derogate from this provision.
(2) National committees, or organisations managed by them or managed by them, have the right to manage immovable national property which does not serve to carry out their tasks, but for which the social interest requires it to remain in collective ownership for future tasks. They may also have the right to manage buildings that are not residential buildings and are intended to be wholly or partly used by several socialist organisations to perform their tasks and are also used by several organisations.
Removal of doubts about jurisdiction in the law on the management of national property
(1) If doubts arise as to which organisation is responsible for the right of management of national property and where there is a dispute between them, the nearest joint authority which manages the organisations between which the dispute arose shall decide, unless a specific regulation is intended for decision-making by another competent authority. 15) If they do not have a joint management body, the relevant central government bodies or the regional national committees shall decide in the agreement.
(2) The organisation at the initiative of which the dispute arose must, without undue delay, submit to the managing authority a request for the granting of a measure which is the responsibility of the management of certain national assets. The application shall be signed by the statutory body of the organisation, shall contain a precise facts and a proposal as to how the decision is to be taken. The application shall be accompanied by proof that no agreement has been reached between the organisations. The organisation which requested the decision of the dispute shall send a copy of the request for action to the organisation against which the request is directed.
(3) The organisation against which the request is directed shall, within 15 days of receipt of a copy of the request, submit to the competent authorities in paragraph 1 (hereinafter referred to as the "decision-making bodies") the observations signed by the statutory authority, in which the opinion on the proposal contained in the application must be given, the facts preventing the agreement between the organisations and the proposal as to how it is to be decided. The organisation shall attach relevant documents to the statement.
(4) If they consider it necessary, the decision-making bodies shall discuss the dispute with the organisations between which the dispute arose and shall lead them to agree on a solution which is consistent with the social interest. Where organisations are assessed, the decision-making bodies shall not issue measures.
(5) The Federal Ministry of Finance and the relevant Ministry of Finance, Prices and Wages decide the dispute if the central authorities of the State administration or the Regional National Committees provide evidence that they have failed to remove the doubt which falls within the organisation's right to manage national property. The dispute between an organisation managed by a federal central government body and an organisation managed by a central government body of the Czech Socialist Republic or a central government body of the Slovak Socialist Republic is decided by the Federal Ministry of Finance and the relevant Ministry of Finance, Prices and Wages in agreement. The dispute between an organisation governed by the central administration of the Czech Socialist Republic and an organisation governed by the central administration of the Slovak Socialist Republic is decided by the agreement of the Ministry of Finance, Prices and Wages of the Czech Socialist Republic with the Ministry of Finance, Prices and Wages of the Slovak Socialist Republic.
(6) The decision-making bodies and ministries referred to in paragraph 5 may invite experts to the hearing or request a written expert opinion. These bodies shall determine the level of remuneration for expert assessment16) and decide which organisation is obliged to cover these costs.
(7) The transfer of the right of management of national property by a measure issued in dispute resolution shall be carried out in accordance with Paragraph 13; this measure is not an administrative decision (17) and cannot be appealed against.
(8) An organisation which manages national property which is the subject of a dispute over the jurisdiction of management law is required to fulfil the obligations arising from the right of management until the date specified in the measure.
Basic obligations of organisations in the management of national property
Organisations are obliged to manage national property with the care of a proper economy. They shall in particular:
(a) national property to be identified, written down, valued, unless otherwise specified, 18) and kept in the prescribed register according to special regulations, 19)
(b) to take care of the maintenance of national property and to repair it;
(c) take care of and deal with the use of national assets for the performance of tasks in accordance with those tasks;
(d) protect national property from theft, damage, destruction, loss or abuse;
(e) to use legal means to protect national property, to protect the right of management of national property against unauthorised interference, to exercise in due time the right to compensation against those responsible for the damage and to exercise the right to issue unjustified assets against those who acquired it at the expense of the organisation.
Excess and unfit national assets
(1) The surplus is national property that the organisation does not need permanently to carry out its tasks. A part of the assets which exceeds the range appropriate to the organisation's needs shall also be considered as surplus.
(2) National property which, for its complete wear or damage, obsolete or inefficient in operation, can no longer serve its purpose is unfit. Buildings and buildings which cannot be moved and which need to be removed as a result of the planned construction, reconstruction or extension of the building shall also be considered as unfit essential resources.
(3) The excess or infitness of national assets and the way in which they are handled shall be decided in writing by the head of the organisation or by the other manager of the organisation authorised by it or, where appropriate, on a proposal from the committee set up by it as an advisory body. The decision on the excess or non-fitness of national assets shall be accompanied by an additional proof of how the property was handled.
(4) Specific rules apply to decisions on the excess and infitness of national assets of a cultural nature. 20)
Treatment of surplus and unfit national property
(1) The organisation shall transfer the right of management to a surplus or unfit national property to another organisation or, where appropriate, to a state enterprise, or transfer such property to a socialist organisation other than the State. In the case of unfit national assets, the organisation shall determine, before making an offer to those organisations, whether it can be used as spare parts, for example. Under the conditions laid down in Paragraph 14 (9), the organisation may also transfer surplus or unfit national property to the ownership of citizens.
(2) The right of management of surplus immovable national property which is interested in remaining in collective ownership, which is not shown by the interest of organisations and public undertakings, shall be transferred by the organisation to the local national committee in whose territory such national property is located. The right to farm land shall always be transferred to the district (urban) 21) national committee. If the National Committee has objections to the transfer of the right of management, the procedure laid down in Article 5 shall be followed.
(3) Useful national assets, which clearly cannot be used by socialist organisations or citizens, or which have not been managed under the previous paragraphs, are physically disposed of. They shall also be treated with surplus assets which have not been shown to be of interest by the socialist organisation or by citizens, except in the cases referred to in paragraph 2. Things bought up by socialist organisations as secondary raw materials shall be handled in accordance with special regulations. 22)
Temporary use of national assets
(1) An organisation may delegate a contract for temporary use to socialist organisations (23) or to citizens and non-socialist organisations which it temporarily does not need to carry out its tasks.
(2) Agricultural parcels may be left for temporary use to citizens for agricultural use after prior observations by the District National Committee in return for payment under price regulations, 24) if they are unsuitable for the organisation of agricultural parcels for socialist agricultural production.
(3) The contract for the temporary use of national assets to citizens and non-socialist organisations must be in writing and shall include the identification of the assets to be used for temporary use, the determination of the manner and duration of use, the determination of the amount of remuneration, 24) the agreement on the maintenance of the assets and the possibility of withdrawing from the contract if the organisation finds that the national property is being used in breach of the contract concluded or if the organisation needs the matter for the performance of its tasks.
Permanent use of immovable national property
(1) Real-estate national assets with accessories, other than buildings and buildings, 25) which are not interested in remaining in collective ownership may be transferred free of charge to permanent use by socialist organisations other than state organisations ("permanent users").
(2) In order to transfer the immovable national property to permanent use, the district (urban) 21 is responsible for the national committee in whose territory the transferred property is located. The organisation shall transfer the right of management to that national committee if immovable national property is to be transferred to permanent use with which the district (urban) national committee in whose territory the property is situated. Organisations managed by a federal central administration may submit the property to permanent use with the approval of the Federal Ministry of Finance, the organisation governed by the central government bodies of the Czech Socialist Republic or the Slovak Socialist Republic with the approval of the relevant Ministry of Finance, Prices and Wages.
(3) The transfer of immovable national assets to permanent use is carried out by an economic contract. On the basis of this, a permanent use record shall be kept.
(4) The economic contract for the permanent use of immovable national property must include:
(a) identification of the property surrendered (municipality, cadastral territory, parcel number, descriptive or registered number for buildings in accordance with the registration of the property);
(b) the purpose for which the property is transferred to permanent use and the manner in which it is used;
(c) the determination of the date of permanent use.
(5) The economic contract shall also specify:
(a) the purchase price of the property surrendered in which it is kept in the accounts;
(b) the general condition of the property, in particular the main deficiencies and defects;
(c) the essential obligations of the permanent user and the conditions for settlement when the permanent use ceases to exist;
(d) any restrictions on the right of permanent use.
(6) The permanent user is obliged to maintain the real-estate national property on his cargo continuously and to ensure that it is maintained by timely and regular repair. Investment (26) may be carried out only with the prior written consent of an organisation which has the right to manage immovable national property. When granting consent, it must be determined whether and to what extent a permanent user is entitled, in the event of termination of permanent use, to pay for the investment funds he has spent against an organisation which has the right to manage the assets. The remuneration may not exceed the cost of the acquisition of the investment, less wear and, where appropriate, accidental depreciation. Where the cost of acquiring the investment by a permanent user has been paid from the State Budget (State Funds) or has been incurred by a permanent user without the prior written consent of an organisation having the right to manage its real estate, the payment of the costs to the permanent user shall not be due.
(7) If the immovable national property transferred to permanent use has been designated for investment construction, including residential construction, under an approved zoning plan or a final zoning decision, or has been approved by a list of land for the construction of family houses for the construction of a family house and does not reach an agreement between the organisation and the permanent user on the termination of the right of permanent use, the organisation may withdraw from the contract. The termination of the right of permanent use on agricultural land or forest land may be agreed upon by a permanent user organisation or, where appropriate, withdraw from the contract only after the agricultural land has been withdrawn, 27) or the exclusion of forest land from the forestry fund. 28)
Personal land use
(1) All-social property may be allocated to personal use only in the cases and under the conditions laid down in a specific regulation. 29) The decision to allocate the land to personal use shall be taken by the district 30) or the municipal national committee of the first category, 31) in whose district the land is located.
(2) If the land allocated to personal use has the right of management of the organisation, that organisation shall, as a general rule, transfer it to the local national committee, which shall conclude an agreement with the citizen on the establishment of the right of personal use. The agricultural land can be transferred only after its withdrawal of agricultural production, 27) the forest land after its removal from the forestry fund. 28)
Transfer of national property law
(1) Transfers of the right to manage national property shall take place between organisations and between organisations and state enterprises on a fee or charge basis, unless otherwise provided for in the legislation (33) or unless the organisation exceptionally agrees on a free transfer.
(2) The agreed price shall be payable within 15 days of the date on which the right of management of the national property has been transferred to the acquiring organisation, unless otherwise agreed by the organisation.
(3) The right of management of national property is transferred free of charge whenever the right of management is transferred to:
(b) matters between budgetary organisations, unless they have been acquired from a fund of cultural and social needs and from non-budgetary sources in universities;
(c) real estate transferred to the National Committee for their surrender to permanent use pursuant to Paragraph 10;
(d) real estate which has an interest in remaining in collective ownership and which is transferred pursuant to Paragraph 8 (2);
(e) items transferred for teaching purposes;
(f) cultural monuments and objects of museum and gallery value, or their files in museums, galleries and monuments, if they remain collection objects;
(g) library funds, where appropriate, to parts thereof transferred between single system libraries;
(h) matters of museum and monument value intended for documentation of company development 34) or for cultural educational use in cultural organisations.
(4) Organisations shall, at the request of an organisation or a state enterprise, conclude an economic contract for the transfer of farm right 32) to real estate designated by a final territorial decision for investment construction within 30 days of the date on which the organisation applied for the transfer of the right of management to that national property.
(5) Organisations shall, at the request of the National Committee or, where appropriate, of organisations designated for the purpose of securing investment activities, conclude, within the time limit set out in paragraph 4, an economic agreement on the transfer of management law (32) to real estate designated by the zoning documentation or by the zoning documents for concentrated housing or an approved list of land for the construction of family houses.
(6) At the request of the district (urban) national committee in whose territorial area the land designated by the final territorial decision for the investment construction of a socialist organisation other than the state, the organisation shall conclude an economic agreement within the time limit laid down in paragraph 4 on the transfer of the right of the economy 32) with the relevant national committee.
(7) For the purposes referred to in paragraphs 4 to 6, the right to farm land management may not be transferred.
(1) The management body of the organisation may take measures to transfer the right to manage national property in connection with the establishment of the organisation, the reorganisation or, if applicable, the decision referred to in Article 5. This decision must have essential elements as an economic contract. 32)
(2) If the transfer of the right of management of national property from the field of competence of one central government body to another central government body is a transfer of the right of management of national property is subject to an agreement with the other central government body. Similarly, the transfer of the right of management of national assets from the field of competence of the Regional National Committee to the central government authority or vice versa, to another Regional National Committee, or in agreement between the Federal Ministry of Finance and the competent Ministry of Finance, prices and wages, shall take place.
Transfers of ownership of national property
(1) Transfers of ownership of national assets to non-state socialist organisations are carried out by economic contracts. 35) Transfers of ownership of national property to citizens and non-socialist organisations shall be carried out by contracts under a special rule. 9)
(2) Transfers of ownership of national property are payable at a price according to price regulations. 36) The ownership of national property may be transferred free of charge if the legislation so provides or if such transfer is of social interest.
(3) In the event of the transfer of ownership of national assets to socialist organisations other than state, the price shall be payable within 15 days of the date on which the ownership of the acquiring organisation passes, unless otherwise agreed.
(4) In the free transfer of ownership of national property to a citizen or organisation other than a socialist organisation managed by a federal central government body, approval of the Federal Ministry of Finance is required for the validity of the contract. If such transfer of ownership of national assets is carried out by an organisation managed by a central administration body of the Czech Socialist Republic or Slovak Socialist Republic, approval of the relevant Ministry of Finance, Prices and Wages is required for the validity of the contract; The same applies if such transfer of ownership of national property is carried out by a national committee or organisation managed by it or managed by it.
(5) Organisations shall, at the request of a socialist organisation other than the State, conclude with it an economic agreement on the transfer of ownership 35) to buildings and buildings built on land designated by the final territorial decision for the investment construction of that organisation within 30 days of the date of application.
(6) Organisations may transfer national property, with the exception of land, to ownership of:
(a) socialist organisations other than state organisations, where the transfer is in the social interest or is carried out under a contract for the association of funds, or where there is an exchange of cases;
(b) international organisations based in the Czechoslovak Socialist Republic, where the transfer of ownership of national assets is of social interest,
(c) citizens, if they are the subject of a transfer of family houses with accessories, buildings for individual recreation with accessories, apartments which are transferred to personal property under special legislation37) and homes with accessories which are not family houses and whose living space does not exceed 180 m2.
(7) If a co-ownership interest is the subject of a transfer in a family house with accessories or in a building for individual recreation with accessories, the organisation shall offer this share to the co-owners for purchase. If there is no family house or building for individual recreation in the joint ownership, it will offer it to existing users. If the co-owners or users are not interested in buying, the organisation shall offer and transfer such property to the ownership of another citizen.
(8) Land, with the exception of agricultural land and forest land, may be the subject of a transfer of ownership only:
(a) where the joint ownership of the land used for the personal use of the citizen or the co-ownership of the land is transferred at the same time to the ownership of the citizen or, where appropriate, to a socialist organisation other than the state and co-ownership of the building built on the property;
(b) if the land is exchanged for land owned by another legal entity because the organisation needs it to carry out its tasks;
(c) if the land of the foreign trade undertaking is transferred, 38) the share company 39) and the association for foreign trade, 40)
(d) where the transfer is due to the creation of the necessary conditions for the use of real estate owned by other legal entities;
(e) where the land is identified by land planning documents or under a final territorial decision to connect to the land owned by another legal entity for investment or individual housing;
(f) if the citizen is transferred land which has endured for the state41) and is used for personal use if it is not appropriate to establish a right of personal use.
(9) If socialist organisations do not show an interest in matters which are surplus or unfit for use by the organisation and which may be the subject of personal ownership, they may be transferred to the ownership of citizens at a price in accordance with price regulations.
(10) If national assets are surplus or unfit, for which the Socialist organisation has not shown interest, organisations may also transfer to the ownership of citizens:
(a) small hydropower plants of up to 35 kW installed;
(b) buildings (e.g. former schools, taverns, offices, mills, guard houses, barns) which, according to the previous observations of the building office concerned, can be adapted for permanent housing or recreation;
(c) the items required for the authorised activity under the Specific Regulation42) and for the minor agricultural activity.
(11) Real estate transferred to collective ownership in accordance with a special provision, 43) can only be transferred to the ownership of citizens in return for payment where their former owners or their heirs are not interested in the offer of the return of these properties, if they are Czechoslovak citizens living in the territory of the Czechoslovak Socialist Republic.
LAW OF ECONOMIC AFFAIRS AND OTHER STATE PROPERTY RIGHTS
Exercise of the right to manage claims and other property rights of the State
(1) In exercising the right to manage the State's claim, the organisation is obliged to fulfil the obligations laid down in Section 73 of the Economic Code.
(2) If the debtor is late in paying the debt, the organisation shall charge and recover the specified interest on late payment or a specified late payment fee, unless otherwise provided by law.
(3) When exercising the right of management of other property rights of the State, organisations shall, in accordance with the provisions applicable to the exercise of the right of management of claims of the State, in so far as the specific provisions provide otherwise. 44)
Transfers of State debt management rights
The right of management of the State's debts is transferred by the Economic Treaty (32).
Authorisation of instalments and deferral of payment
(1) The organisation may authorise the debtor, if he is a citizen, to make reasonable repayments or to allow the deferral of payment of the debt by a debtor recognised in writing in respect of the reason and amount, or, where applicable, granted by a final decision of a court or other body, if the debtor cannot pay the debt or instalment at the time of maturity without fault.
(2) Where instalments have been authorised for payment of the debt or the payment of the debt has been deferred, the organisation shall not be entitled to claim interest or late payment.
(3) Repayments may be authorised only on condition that the full maturity of the claim is agreed in the event of a default of a instalment. 45)
(4) When authorising repayments and deferring the payment of a debt to a citizen, the organisation shall agree that, in the event of an improvement in the property and earnings situation of the debtor, the authorisation of repayments and deferral of payment of the debt shall be withdrawn.
Debt waiver
(1) For serious reasons, in particular social reasons, the organisation may waive the debt in whole or in part at the request of the debtor.
(2) The debt may not be waived if it is incurred in connection with an intentional criminal activity or if the debtor is entitled, for any reason, to a claim against the State, organisation or public undertaking, up to the amount of that claim, unless the debtor renounces the claim up to the amount of his undertaking. Nor can the debt be waived if the debtor has assets from which the claim cannot be met only because it cannot be sold at the time of recovery. The debt waiver ceases to be the debtor's liability.
(3) Debt cannot be waived if it is owed by a socialist organisation.
Provisional waiver of recovery
If the State's claim is temporarily impracticable, the organisation shall be entitled to refrain from recovery for the time being; However, it must continue to ensure that the claim is not withheld or that it does not disappear. As soon as the reasons for the temporary waiver of recovery have been waived, the organisation shall endeavour to recover the claim in due time.
Permanent waiver of recovery
The organisation shall be entitled to waive permanently the recovery of the State's claim if:
(a) the amount of the claim cannot be proved to last or the amount of the claim cannot be proved and there is no basis for the court or other competent authority to determine the amount, as the case may be, if the claim has not been paid voluntarily by the debtor;
(b) the debtor died and the claim could not be satisfied or enforced by the heirs of the debtor, 46)
(c) the claim has been barred and the debtor refuses to pay the debt voluntarily;
(d) it is clear from all circumstances of the case that further recovery would not be successful.
(1) Furthermore, the organisation is entitled to permanently waive recovery of a claim not exceeding 300, - Kčs (a minor claim) if it has not been voluntarily paid by the debtor.
(2) The same debtor, which is a citizen, may be waived only once in a calendar year, unless the sum of the claim which has been waived and the claim which is to be waived does not exceed 300, - Kčs.
In order to apply the treatment of a State's claim of more than 250 000, - Kčs, pursuant to § 18 and 20, to a citizen or organisation other than a socialist, needs to be approved by an organisation managed by a federal central government body; Organisations governed by the central administration of the Czech Socialist Republic or Slovak Socialist Republic need the approval of the relevant Ministry of Finance, Prices and Wages.
(1) When dealing with a claim under § 18 to 22, the amount of the claim, including accessories, shall be determined at the time when its remission or waiver of recovery takes place. For a larger number of claims against the same debtor, the aggregate amount of all claims shall be determined.
(2) The treatment of claims under § 16 to 22 must be in writing.
Paragraph 16 to 23 shall not apply where the treatment of State claims is governed by specific provisions. 47)
(1) The amendment or termination of a contract concluded with a citizen which could cause material damage to the State is permitted only under the conditions under which the claim may be waived. Paragraph 22 applies mutatis mutandis.
(2) Organisations shall be entitled, in proceedings before a court or other competent authority, to recognise a claim against the State to the extent that they are entitled to dispose of the State's claims.
Securities
Section 4, 6, 12 to 14 of this Decree shall apply mutatis mutandis to the law on the management and handling of securities; Article 15 et seq., as well as specific provisions, shall apply mutatis mutandis to the right of management of securities claims. 48)
IMPLEMENTATION WITH SINCE AND OTHER PROPERTY RIGHTS OF ORGANISATIONS
Claims and other property rights of organisations
(1) Organisations are obliged to treat their claims and other property rights with the same care as they treat their claims and other property rights of the State.
(2) Save as otherwise provided in the legislation, organisations shall, with the exception of:
(a) in cases provided for in Section 22, the management of the claims of the organisations shall be authorised by the competent central government management bodies or, where appropriate, the regional national committees;
(b) such provisions shall not apply to claims and other property rights of state savings banks and public insurance undertakings resulting from their activity.
(3) Paragraph 25 for organisations applies mutatis mutandis.
SURVEILLANCE AND SANCTIONS
Supervision
(1) The economic managementauthorities 49) are obliged to supervise the proper performance of the obligations arising from the right of management of the national property by the organisations they manage. Within the framework of their management and control activities, they are required to ensure that the organisations managed by them fulfil the obligations imposed by the legislation on the management of national property and the measures imposed on them to address the deficiencies. If they detect defects, they shall draw the consequences of the management of organisations under specific rules. 50)
(2) The removal of defects by the supervisory economic management authorities is related to the cost of an organisation which has the right to manage national property.
MANAGEMENT WITH NATIONAL PROPERTY TO STATE UNDERTAKINGS
The management of the national property of state enterprises is governed by the Act on State Enterprise, other specific regulations and by Sections 31 and 35 of this Decree.
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Regulation Information
| Citation | Decree of the Federal Ministry of Finance No. 119 / 1988 Coll., on National Property Management |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.1988 |
|---|---|
| Effective from | 01.07.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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