Decree No. 61 / 1986 Coll.
Decree of the Federal Ministry of Finance on the Interim Administration of National Property
Valid
Effective from 01.01.1987
61
DECLARATION
Federal Ministry of Finance
of 15 September 1986
on the interim management of national assets
According to § 391 (1) (a) of the Economic Code No. 109 / 1964 Coll., in the full version published under No. 45 / 1983 Coll.:
Subject matter and scope of the adjustment
(1) This decree regulates the interim management of national assets,
(a) where, when it is acquired by the State, it is not apparent which State organisation is to manage it; or
(b) which is found not to be in the administration of any state organisation. 1)
(2) In the interim administration referred to in paragraph 1 (a), the national property acquired by the State is:
(a) by a judgment of the court concerning the forfeiture of property or the confiscation of property or the prevention of a case, 2)
(b) by the national committee's statement on forfeiture or avoidance, 3)
(c) the statement of the customs office of forfeiting or preventing the goods (goods), the remainder of the proceeds from the sale of the goods (goods) and the surrender of the goods (goods), 4)
(d) by donating the property to the State. 5)
(e) by inheritance or by inheritance of the State, 6)
(f) by the admission of matters found, abandoned or hidden in the state7) or by the issuing of unlawful property benefits to the State, 8)
(g) the case of a citizen of the state, 9)
(h) the maintenance of the land or part thereof by a citizen in favour of the State, 10)
(i) by the court's ruling on the State's compliance, 11)
(j) the acquisition of the subject matter of the State's custody, 12)
(k) the statement of the state notaries concerning the assignment of the subject of the State's safekeeping, 13)
(l) on the basis of the other elements in the legislation, 14)
(m) under international agreements (agreements).
Jurisdiction of interim administration
(1) The national assets referred to in Article 1 are in the provisional administration of the District National Committee or the National Committee equivalent to those established by it (hereinafter referred to as the "District National Committee"), (1) in whose district it is situated, unless otherwise provided for in this Decree or in a special regulation.
(2) If the district national committee, in whose district the last residence or registered office of the former owner, finds that the assets acquired are situated in the district of other regional national committees, it shall immediately inform the local committees which are obliged to take over the provisional administration of such national assets.
(3) The regional national committee responsible for the provisional administration of national assets located outside the territory of the Czechoslovak Socialist Republic is the regional national committee in whose territory the former owner had his last residence or seat.
(4) The national property referred to in Article 1 (2) (c) and goods which have been declared forfeited or which have been prevented in criminal proceedings involving criminal offences and offences committed on import, export and transit of goods are in the provisional administration of customs. 15)
(5) The property found in the perimeter of the runway which belonged to the State (16) is in the interim management of the railway undertaking. 17)
(6) Dental precious metal which belonged to the State, 18) is in the interim administration of the relevant national health institute.
(7) Where the jurisdiction for the provisional management of national assets cannot be determined in accordance with the previous provisions, the district national committee or, where appropriate, the organisation designated by the competent Ministry of Finance shall be responsible.
National property management in interim administration
(1) National District Committee of National Property in Interim Administration
(a) identify and write down immediately after he has become aware of the acquisition of the property by the State; the identification and registration of the property shall not be carried out if the property has previously been secured under a special rule; 19)
(b) properly protects and ensures its preservation;
(c) effectively deploy or dispose of a transfer to the administration of state organisations or to the ownership of socialist organisations other than state and, where appropriate, to the ownership of citizens.
(2) The District National Committee shall ensure that the acquisition of real estate by the State can be indicated in the real estate register without delay, no later than 60 days after the State's knowledge of the acquisition. The instrument on the basis of which registration is to be carried out shall have the formalities laid down in a separate regulation. 20)
(3) The acquisition by the Czechoslovak State of the foreign exchange foreign exchange property shall be notified by the district national committee to the competent property and foreign exchange management.
National property records in the provisional administration of the District National Committee
(1) Any case of acquisition of assets for interim administration shall be kept by the district national committee in an operational register comprising:
(a) the nature register;
(b) name index to the substance register;
(c) a list and a description of the property,
(d) stock books;
(e) an overview of the movement of the keys taken over.
(2) Revenue and expenditure relating to the interim management shall be budgeted by the district national committees; 21) accounting is governed by specific rules. 22)
Treatment of national assets in interim administration
(1) If, in the implementation of the property acquired by the State on the basis of the forfeiture of the property, 23) the State's inheritance) or the State's citizen's case, 9) the State's property rights of a third party shall be debated by the district national committee. If, after assessing the evidence of ownership submitted, it concludes that the claim claimed is justified, it shall issue the case to the owner. Otherwise, it shall refer them to civil courts (25) with an invitation to prove, within one month of its notification, that they have exercised their claim.
(2) If the State becomes aware that the property is forfeited by the court (23), the matter and the means for which there may be doubt as to whether it is necessary to satisfy the living needs of the persons whose nutrition or education the sentenced is obliged to take care of, 26), and if there is a presumption that an application for exemption under a special rule may be made, 27) the district national committee shall not dispose of such items and funds until three months have elapsed in the jurisdiction of the judgment. If an application has been submitted, the District National Committee shall await the decision on the application.
(3) If it asks for the removal of cases and assets belonging to the State, 9) the person whose nutrition the owner is obliged to take care of, the district national committee shall discuss its application. If the conditions and scope of the exemption are undisputed, the district national committee shall comply with the request; otherwise, the last sentence of paragraph 1 shall be followed.
(4) The items and means on which the property rights of a third party have been exercised (paragraph 1) or the exemption of which has been granted to the State have been requested by third parties (paragraph 3) shall be dealt with only after their application has been dealt with; If an action has been brought, they shall be dealt with only after the judgment of the court has been given.
(1) The District National Committee shall immediately transfer the national assets which it has in the interim management28) to the administration of state organisations or to the ownership of other socialist organisations than those which it can best serve in the performance of its tasks or, where appropriate, to the administration or ownership of socialist organisations whose activities are the purchase and sale of used goods. This is not the case if the District National Committee retains the property in its administration or if it is further provided otherwise. Real estate may also be transferred by the district national committee to the management of organisations managed by it or to the administration of the local (urban) national committee by measures. 29)
(2) Family houses, personal homes and buildings for individual recreation may be sold by the District National Committee to citizens at a price according to the price regulations and under the conditions laid down by the Special Regulation30) or, if it considers it more appropriate, to transfer them to the administration of the local (urban) national committee or to the administration of the relevant housing organisation for the purpose of selling them to citizens.
(3) If the State has acquired a joint ownership interest in real estate, it shall be treated mutatis mutandis under the previous provisions. If the State has acquired a joint ownership interest in movable property, the District National Committee shall agree with the other joint owners on the abolition and settlement of the joint ownership; If no agreement is reached, the district national committee shall submit a motion to the court to abolish co-ownership. 31)
(4) The district national committee, which has entered into the rights of one of them, will agree with the other. 33) If no agreement is reached, the District National Committee shall submit a motion to the court for the settlement of the deceased joint ownership of spouses.
(5) The Regional National Committee may sell to citizens at a price according to the price regulations of a movable item which may be the subject of personal ownership, provided that other handling of such items would be uneconomical. In this way, property of a special nature cannot be dealt with (§ 7).
(6) Of the matters acquired by the State in the proceedings for inheritance, the District National Committee may exceptionally sell to the citizen movable items which are of importance to him as a reminder of the deceased, up to a cumulative estimated price of 5000 CZK. However, the cases referred to in § 7 (1), (3), (4), (5) and (6) cannot be sold.
(7) The transfer of assets under the previous provisions does not require the approval of the national higher-level committee.
Management of national assets of a special nature
(1) Museums and galleries, or values documenting the development of the company, have the district national committee assess the competent authority on the cultural section and transfer them free of charge to the administration of the organisation designated by that authority. Cultural monuments and items of museum and gallery values of military character will be transferred free of charge by the district national committee to the administration of the Military Historical Institute in Prague. Motive items of archival value shall be transferred free of charge by the District National Committee to the administration of the relevant State Regional Archive; postage stamps and other postal prices, including their collections, if they have museum, gallery or archive value, shall be transferred free of charge to the administration of the Federal Ministry of Communications.
(2) The District National Committee shall transfer at a price in accordance with price regulations
(b) postage stamps and other postal charges, including their collections and other philatelic material, provided that they are not handled in accordance with paragraph 1, the Postal Philatelic Service in Prague or the Postal Philatelic Service in Bratislava;
(c) other valuable items, in particular branded porcelain, precious glass, paintings, sculptures, carpets, composite furniture and antiques of all kinds, provided that they are not disposed of in accordance with paragraph 1, to the administration or, where appropriate, to the ownership of a socialist organisation whose business is the purchase and sale of such items.
(3) The district national committee will handle medicinal products, medical and orthopaedic needs as recommended by the district (district) national health institute.
(4) The district national committee shall dispose of poisons and corrosives in accordance with the special regulation35) after prior consultation with the district hygienist.
(5) Valutes, foreign exchange and gold (36) and removal orders from the foreign trade company Tuzex will be offered by the District National Committee to buy back the State Bank of Czechoslovakia.
(6) Weapons and ammunition covered by the provisions on weapons and ammunition, 37) and explosives are transferred by the district national committee to the competent district (district) administration of the National Security Corps; it also hands over other items which are not permitted or suitable for circulation (e.g. radios, maps, defective printed matter, photographs, films).
(7) Land forming part of the agricultural land fund, 38) transfers the county national committee to the administration of a state agricultural organisation or retains it in its administration and hands it to a permanent using39) a non-state agricultural socialist organisation.
(8) Land forming part of the forestry fund 40) will be transferred by the district national committee to the administration of the state organisation of forestry.
Commitments
(1) The obligations of the former owner of the case shall not be transferred to the State, save as otherwise provided in this or the Special Regulation (41).
(2) In settlement of the non-joint ownership of spouses, the District National Committee shall take into account the obligations arising from the duration of the marriage.
(3) If the State has acquired the property for the reason set out in Paragraph 1 (2) (e), it is responsible for the obligations to the extent provided for in the special regulation. 41)
(4) The guarantor to whom the obligation to pay a loan granted by a socialist organisation to a debtor whose assets were acquired by the State for the reason referred to in Article 1 (2) (g) has been transferred may be transferred free of charge by the district national committee to the property of the movable item by the debtor from that loan. The value of the cases thus transferred shall not exceed the amount of the balance of the loan with the facilities which the guarantor is obliged to pay.
(1) If the State's heirloom was 42) and the cash debt could not be paid with inheritance money, the District National Committee may offer to the creditor for payment of the heirloom which is equivalent to the amount of the debt. If the creditor refuses to accept the goods offered, the specific rule shall be followed. 43)
(2) When acquiring the inheritance by the State, the district national committee shall reimburse the costs of the deceased's funeral.
If the State has acquired the property by gift, 45) only the obligations (liabilities) set out in the donation agreement are assumed. Upon acceptance of the gift offer, the District National Committee shall settle all commitments taken over in addition to the savings bank claims to be settled in accordance with Section 11.
(1) The outstanding claims of savings banks, including those relating to immovable property acquired by the State for the reasons set out in Paragraph 1 (2), shall be settled by the competent property and foreign exchange management.
(2) The same procedure shall be followed for the settlement of savings banks' claims related to the property acquired by the State when selling the property by a state notary in the enforcement of the decision. 46)
General, transitional and final provisions
(1) Members of national committees, staff of national committees, courts, prosecutors, state notaries and members of the National Security Corps shall be excluded from the acquisition of property under the provisions of Article 6 (5) and from the acquisition of real estate under the provisions of Article 6 (2). Workers of other state bodies and judicial experts shall also be excluded if they cooperated in the interim management of national assets.
(2) The acquisition of property pursuant to § 6 (5) and the acquisition of real estate pursuant to § 6 (2) shall also be excluded from the acquisition of goods by persons close to the persons referred to in paragraph 1.
The State authorities, organisations and citizens shall cooperate with the District National Committees to identify the assets referred to in Section 1.
Unless otherwise provided for in this Decree, the provisions on the management of national property shall apply to the interim management of national assets. 48) except for provisions on penalties.
Save as otherwise provided in the special regulation, the provisions of this Order shall also apply to the provisional management of national assets carried out by other State bodies and organisations. 1)
The competent Ministry of Finance may, on a case-by-case basis, grant an exemption from the provisions of Sections 2 (1) and 2, 6 (5), 7 (1) and (2), 8 (1) and (4), 9 (2) and 11 (1).
The Federal Ministry of Finance Order No. 86 / 1977 Coll., on the Interim Administration of National Property is hereby repealed.
This decree shall take effect on 1 January 1987.
Minister:
Ing. Student v. r.
1) Paragraph 65 (3) of the Economic Code No 109 / 1964 Coll., in the full version published under No 45 / 1983 Coll.
2) Sections 51, 52, 55, 56 and 73 of Criminal Act No. 140 / 1961 Coll., as published under No 113 / 1973 Coll., Sections 2 to 6, Sections 10 and 11 of Act No. 150 / 1969 Coll., on Laws.
3) Section 26 of Act No. 60 / 1961 Coll., on the Tasks of National Committees in Providing Socialist Order.
4) Articles 89, 90, 109 (1), 110 (1) (c) and 115 (1) of the Customs Act No 44 / 1974 Coll.
5) Sections 407 and 408 of Civil Code No. 40 / 1964 Coll., in the full version published under No. 70 / 1983 Coll., § 4 and 5 of the Federal Ministry of Finance Decree No. 90 / 1984 Coll., on the Administration of National Property.
6) § 462 and 476 et seq. of the Civil Code.
7) Article 453 of the Civil Code.
8) Paragraph 456 of the Second Civil Code.
9) § 453a of the Civil Code.
10) Paragraph 135a (2) of the Civil Code.
11) Paragraph 457 (2) of the Civil Code.
12) Paragraph 26 (2) of Act No. 142 / 1970 Coll., on Foreign Exchange Economy.
13) Sections 74 and 75 of the notarial order No. 95 / 1963 Coll., in the full version published under No. 72 / 1983 Coll.
14) E.g. § 44 of the notarial order; § 81 of Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), in the full version published under No. 148 / 1973 Coll.
15) Paragraph 110 (1) of the Customs Act.
16) Paragraph 453 (1) of the Civil Code.
17) § 3a (3) and (4) of Decree No. 52 / 1964 Coll., implementing the Railway Act, as amended by Decree No. 122 / 1974 Coll.
18) Paragraph 453 (2) of the Civil Code.
19) Article 347 of the Code of Criminal Procedure.
20) Paragraph 6 (2) of the Ordinance of the Central Administration of Geodesy and Cartography No. 23 / 1964 Coll., implementing Act No. 22 / 1964 Coll., on Real Estate Records, as amended by the Act SNR No. 150 / 1983 Coll. and as amended by the Act No. 157 / 1983 Coll.
21) Budget composition for National Committees in the Czech Socialist Republic - MF ČSR - No. 121 / 16.314 / 85, Chapter 741. Budget composition for national committees in the Slovak Socialist Republic - MF SSR - No 1 / 1.495 / 1985, Chapter 941.
22) Accounting syllabus and regulations for the accounting curriculum for budgetary organisations - FMF - No XV / 2-4066 / 1982, reg.
23) Sections 51 and 52 of the Criminal Act.
24) § 462 of the Civil Code.
25) Civil Code No. 99 / 1963 Coll., in the full version published under No. 78 / 1983 Coll.
26) § 52 of the Criminal Act.
27) Paragraph 346 (1) of the Criminal Code.
28) Articles 69 (3), 347 and 349 of the Economic Code.
29) Paragraph 68 (1) of the Economic Code.
30) Paragraph 18 (5) of Decree No. 90 / 1984 Coll.
31) § 142 of the Civil Code.
32) § 52 of the Criminal Act. Article 148 (1) and (2), Article 453a (2) and Article 500 (3) of the Civil Code. Section 22 of Act No. 94 / 1963 Coll., on the Family, in the complete version published under No. 66 / 1983 Coll.
33) § 149 and 150 of the Civil Code.
34) § 5 (b) of Act No. 142 / 1970 Coll.
35) For example Government Regulation No. 56 / 1967 Coll., on Poison and Other Substances of Harmful Health, and Decree No. 57 / 1967 Coll., implementing the Government Regulation on Poison and Other Substances of Harmful Health.
36) § 5 (a) and (b) of Act No. 142 / 1970 Coll.
37) Act No. 147 / 1983 Coll., on weapons and ammunition. Decree of the Federal Ministry of Interior No. 10 / 1984 Coll., which issues more detailed regulations on weapons and ammunition.
38) Article 1 of Act No. 53 / 1966 Coll., on the Protection of the Agricultural Soil Fund, in the complete version published under No. 124 / 1975 Coll.
39) § 14 of Decree No. 90 / 1984 Coll.
40) § 2 of Act No. 61 / 1977 Coll., on Forests.
41) § 470 and 472 of the Civil Code.
42) § 462 of the Civil Code.
43) Paragraph 43 (1) of the notarial order.
44) Paragraph 60 (1) and (2) of Decree No. 54 / 1975 Coll., implementing the Labour Code.
45) § 4 and 5 of Decree No. 90 / 1984 Coll.
46) § 336 of the Civil Code.
47) § 116 of the Civil Code.
48) Decree No. 90 / 1984 Coll.
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Regulation Information
| Citation | Decree of the Federal Ministry of Finance No. 61 / 1986 Coll., on the Interim Administration of National Assets |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.10.1986 |
|---|---|
| Effective from | 01.01.1987 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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