Act No. 174 / 2003 Coll.
Act on the transfer of some unnecessary military assets and assets with which the Ministry of Interior is responsible, from the ownership of the Czech Republic to the local authorities
Valid
Law
Effective from 12.06.2003
Text versions:
12.06.2003
174
THE LAW
of 21 May 2003
on the transfer of some unnecessary military assets and assets with which the Ministry of Interior is responsible, from the ownership of the Czech Republic to the local authorities
Parliament has decided on this law of the Czech Republic:
This Act regulates the procedure and conditions for the transfer of the selected assets, which is owned by the Czech Republic (hereinafter referred to as "the State ') and with which the Ministry of Defence or the Ministry of Interior is responsible, (1) where applicable, the State's organisational units or state contribution organisations within their jurisdiction, to the ownership of the local authorities or their associations. (2)
(1) The object of the transfer of assets under Paragraph 1 may be only:
(a) military buildings, housing houses or individual apartments, as well as land consisting of such buildings, dwellings or apartments, one functional unit and movable property constituting the equipment of such buildings, provided that such property is in accordance with the State property management legislation for the Ministry of Defence, or, where applicable, the State's organisational units or state contribution organisation within its jurisdiction, unnecessary property, 3)
(b) land, buildings and land forming part of such buildings, one functional unit and movable property consisting of the equipment of such buildings used by the former Vojsk departments of the Ministry of Interior and the Department of Border Guard or intended for the protection of the population, provided that the property under the State property management legislation for the Ministry of Interior or, where applicable, by the State's organisational units or by the State contribution organisation within its jurisdiction is unnecessary property. 3)
(2) The transfer of assets as defined in paragraph 1 to the property of the locally competent designated local authorities or associations thereof shall be decided by the Government on a proposal from the Ministry of Defence or the Ministry of Interior. (2) The government has decided to transfer the property to the property of the local authorities or their associations, for the purposes of further action under this Act, to be deemed to be permanently unnecessary to the State.
(1) The property referred to in § 2 shall be transferred by the Ministry of Defence or by the Ministry of Interior or, where appropriate, by the State's organisational component or by a State contribution organisation within their purpose5) by the donation agreement (6) to the property of the government of designated local authorities or their associations. (2)
(2) In the context of the free transfer referred to in paragraph 1, the territorial unit may be restricted in the exercise of ownership rights in respect of donated property only to the extent necessary by establishing a right corresponding to the burden in kind for the benefit of the State or another person.
(3) The validity of the donation agreement on the basis of which the transfer referred to in paragraph 1 takes place shall not be subject to the approval by the Ministry responsible for matters governed by specific legislation. 7)
(1) The Government may decide pursuant to Paragraph 2 (2) by 31 December 2008 at the latest.
(2) The Government may, on a proposal from the Ministry of Defence or the Ministry of Interior, amend the decision referred to in Article 2 (2) only until the donation agreement is concluded. This shall be without prejudice to the provisions of paragraph 1.
(3) If, within six months of the date of service of the draft contract to the territorial authority, the Ministry of Defence or the Ministry of Interior may submit a new proposal to the Government pursuant to Article 2 (2). If the Ministry of Defence or the Ministry of Interior does not submit a new proposal to the Government or if the Government does not decide on its transfer, it shall deal with such property under the legislation on the management of the State property. 8)
The contracts for the free transfer of assets of the State concluded before the date of application of this Act between the Ministry of Defence and the locally competent self-government under the State Property Management Legislation (8) shall be deemed to constitute contracts for the free transfer of assets of the State pursuant to Paragraph 3 (2) of this Act.
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
1) § 9 of Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations.
2) § 46 of Act No. 128 / 2000 Coll., on Municipality (Municipal Establishment), as amended by Act No. 313 / 2002 Coll. § 24 of Act No. 129 / 2000 Coll., on Regions (Regional Establishment), as amended by Act No. 231 / 2002 Coll. § 21 and 22 of Act No. 131 / 2000 Coll., on the Capital City of Prague.
3) Paragraph 14 (7) of Act No. 219 / 2000 Coll., as amended by Act No. 202 / 2002 Coll.
4) Article 21 (1) of Act No. 219 / 2000 Coll., as amended by Act No. 202 / 2002 Coll.
5) Paragraph 22 (2) of Act No. 219 / 2000 Coll.
6) Paragraph 628 of the Civil Code.
7) Sections 22 paragraphs 3, 4 and 5 and 44 of Act No. 219 / 2000 Coll., as amended by Act No. 202 / 2002 Coll.
8) For example, Act No. 219 / 2000 Coll., as amended, Decree No. 62 / 2001 Coll., on the Management of Organisational Components of the State and State Organisations with State Property.
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Regulation Information
| Citation | Act No. 174 / 2003 Coll., on the transfer of some unnecessary military assets and assets with which the Ministry of Interior is responsible, from the ownership of the Czech Republic to the local authorities |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.06.2003 |
|---|---|
| Effective from | 12.06.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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