Government Decree No. 8 / 1947 Coll.

Regulation on the inventory of Czechoslovak property in Zakarpatskaya Ukraine

Valid Effective from 04.02.1947
8.
Government Regulation
of 28 January 1947
on the inventory of Czechoslovak property in Zakarpatsky Ukraine.
The Government of the Czechoslovak Republic hereby orders the President of the Republic, under § 1 of the Constitutional Decree of 24 August 1945, No. 60 Coll., to prepare for the implementation of the Treaty between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Zakarpatské Ukraine of 29 June 1945:
§ 1.
For the preparation of compensation under the Protocol to the Treaty between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Zakarpatské Ukraine of 29 June 1945, No 186 Coll. of 1946, is registered on the compulsory inventory of immovable property (also rights associated with the possession of real estate and accessories) in the territory of Zakarpatské Ukraine, if they belong to
(a) to a person who has submitted an option declaration for Czechoslovak citizenship pursuant to the Government Decree of 24 August 1945, No 61 Coll., on the preparation of an option under a contract between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Zakarpatské Ukraine of 29 June 1945, unless that declaration has been definitively rejected (optant);
(b) a person of Czech or Slovak nationality who, as a result of the hostile occupation, has left the territory of Zakarpatskaya Ukraine;
(c) a legal person who, in view of the national composition of statutory bodies from before the occupation, is to be regarded as Czech or Slovak.
§ 2.
(1) At the same time, other assets in the territory of Zakarpatskaya Ukraine belonging to the persons referred to in § 1, in particular assets for profit, savings deposits, securities and claims due in Zakarpatskaya Ukraine, and all property items and rights left in Zakarpatské Ukraine.
(2) In order to prepare for possible compensation, other Czechoslovak nationals, as well as other legal persons and sets of persons and property located in the territory of the Czechoslovak Republic may also apply to the inventory of immovable or other property in Zakarpatska Ukraine, other than those referred to in § 1.
§ 3.
The property shall be registered as on 30 January 1946.
§ 4.
(1) The listing application is to be submitted to the Ministry of the Interior.
(2) The application for immovable property submitted to the compulsory inventory (Section 1) must be submitted no later than the date laid down by the Ministry of Interior by decree in the Official Gazette of the Czechoslovak Republic, otherwise it will not be taken into account. In the same period, the other assets are registered to the inventory (§ 2). Optanti, who will still be in the territory of Zakarpatské Ukraine within the deadline, can submit the application within one month after the transfer from Zakarpatské Ukrainians to the Czechoslovak Republic.
§ 5.
(1) The application for an inventory shall be submitted in triplicate on forms the model of which is laid down by the Ministry of the Interior by decree in the Official Journal of the Republic of Czechoslovakia.
(2) The application shall contain in particular:
(a) personal data of the Party, data on its nationality, citizenship, residence, past residence in Zakarpatsky Ukraine, the date on which the Party left the territory of Zakarpatskaya Ukraine and under what circumstances this happened;
(b) a description of the immovable property left behind in Zakarpatské Ukraine and its accessories (in particular, data on the cadastral territory, library insert number, type of buildings, year of construction, built-up area, land area, type of culture, co-ownership and j.), as well as an indication of whether the party is a library or non-library owner;
(c) a description of other property items and rights;
(d) details of debts and burdens on the assets held;
(e) an indication of the general price of the assets applied for on 21 May 1938,
(f) a statement as to whether, when and where the party has previously submitted an application, whether and from whom it has received a refund, advance payment or aid and to what extent.
§ 6.
(1) It shall submit to the application for the inventory:
(a) optanti: an option certificate or a certificate of correctly submitted option (§ § 4 and § 5 of the W.L. No. 61 / 1945 Coll.) and documents confirming when and under what circumstances they left the territory of Zakarpatské Ukraine;
(b) persons of Czech or Slovak nationality who, as a result of the hostile occupation, have left the territory of Zakarpatskaya Ukraine: proof of nationality, issued by the competent Czechoslovak office, proof of permanent residence in the territory of Zakarpatskaya Ukraine until the time of the occupation and documents confirming when and under what circumstances they left the territory of Zakarpatskaya Ukraine;
(c) legal persons who, in view of the national composition of statutory bodies from before the occupation, consider them to be Czech or Slovak: documents relating to the composition of statutory bodies active until the occupation (extracts from the commercial register and below) and documents issued by the competent Czechoslovak authority on the nationality of members of statutory bodies from before the occupation,
(d) all of the following applicants for property subject to the compulsory inventory (Section 1): documents relating to property rights or other rights relating to immovable property in the territory of Zakarpatskaya Ukraine (extracts from the land register, market contracts, official attestations, etc.).
(2) The documents at hand of the Party shall be attached to the inventory application, in original or certified copies. If the party to the documents is not at his disposal, he shall state what he has done to take their action and submit them accordingly.
(3) The application of non-compulsory property (Section 2) does not yet need to be accompanied by a document.
§ 7.
(1) An inventory procedure shall be established only on the basis of an application submitted by a party or its successor in title. Applications lodged prior to the application of this Regulation shall not constitute grounds for initiating proceedings.
(2) The provisions of the Government Decree of 13 January 1928, No. 8 Coll., on proceedings in matters falling within the competence of political authorities (administrative proceedings) apply mutatis mutandis to proceedings.
(3) A representative of the organisation of candidates with an advisory vote may be recruited to discuss individual cases.
§ 8.
(1) The filing of an application does not give the party any legal right to compensation.
(2) The compensation arrangements are reserved for specific rules.
§ 9.
This Regulation shall enter into force on the day of its publication; they shall be implemented by the Minister for the Interior in agreement with the Ministers involved.
Gottwald v. r.
Dr Zenkl v. r.
Fierlinger v. r.
Broad v. r.
Maj-Gen Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr Drtina v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Wasted v. r.
Dr Pietor v. r.
Ing. Kopecký v. r.
Hala v. r.
Dr. Unedible v. r.
Dr Procházka v. r.
Majer v. r.
Dr Franek v. r.
Dr Clementis v. r.
Lichner v. r.

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Regulation Information

CitationDecree of the Government No. 8 / 1947 Coll., on the inventory of Czechoslovak property in Zakarpatskaya Ukraine
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation04.02.1947
Effective from04.02.1947
Effective until-
Status Valid
The regulation text is for informational purposes only.
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