Decree No. 86 / 1977 Coll.
Decree of the Federal Ministry of Finance on the Interim Administration of National Property
Valid
Effective from 01.01.1978
86
DECLARATION
Federal Ministry of Finance
of 30 November 1977
on the interim management of national assets
In agreement with the Ministry of Finance of the Czech Socialist Republic and with the Ministry of Finance of the Slovak Socialist Republic, the Federal Ministry of Finance provides, pursuant to § 391 (1) of the Economic Code No. 109 / 1964 Coll., as published under No. 37 / 1971 Coll. and supplemented by Act No. 144 / 1975 Coll.:
Subject matter and scope of the adjustment
(1) This decree regulates the interim management of national assets,
(a) which, when acquired by the State, does not show which State organisation is to manage it;
(b) which is found not to be in the administration of any state organisation.
(2) In the interim administration referred to in paragraph 1 (a), the property acquired by the State shall be:
(a) by a judgment of the court on the confiscation of property or the confiscation of property or of the confiscation of property or of the confiscation of property or of the confiscation of property, or by virtue of the provisions of Sections 51 and 52, 55, 56 and 73 of the Criminal Act No. 140 / 1961 Coll., as published under No 113 / 1973 Coll. and under the provisions of Sections 2 to 6, 10 and 11 of Act No. 150 / 1969 Coll., on misconduct,
(b) by profiling or preventing cases under the provisions of Sections 26, 31 and 32 of Act No. 60 / 1961 Coll., on the tasks of national committees in ensuring socialist order;
(c) by profiling or preventing goods (goods), by charging the remainder of the proceeds from the sale of the goods (goods) and by giving up the goods (goods) pursuant to the provisions of § 89, 90, 115, 109 (1), 110 (1) (c) of Customs Act No 44 / 1974 Coll.,
(d) by donation according to the provisions of Sections 407 and 408 of Civil Code No. 40 / 1964 Coll., 1)
(e) the inheritance of the will or the acquisition of the inheritance provided for in § 460 et seq. of the Civil Code,
(f) by the admission of matters found, abandoned or concealed by the State or by the issuing of an unjustified asset benefit to the State under the provisions of Sections 453 and 456 of the Second Civil Code,
(g) by the provision of § 26 paragraph 2 of Act No. 142 / 1970 Coll., on Foreign Exchange Economy,
h) the statement on the assignment of the subject of the State's custody pursuant to the provisions of Sections 74 to 76 of the notarial order No 95 / 1963 Coll.,
(i) on the basis of other legislation, 2)
(j) on the basis of interstate agreements (agreements).
Interim management of national assets
(1) The interim management of the national assets referred to in Article 1 shall be carried out, unless otherwise provided for in paragraph 3 or in a special Regulation (3), by the district national committee or an equivalent national committee (hereinafter referred to as the "district national committee") in whose territory the property is situated.
(2) If, in cases where the State has acquired the property by way of judgment or succession, the district national committee in whose district the original owner's last place of residence is situated finds that the acquired property is located in the territory of other regional national committees, it shall immediately inform the district national committees in whose district the acquired property is located. These national committees shall immediately take over the provisional management of the assets. This applies mutatis mutandis to the National Committee which has accepted the offer of free transfer of property to the State.
(3) Provisional management of the national assets referred to in Paragraph 1 (2) (c) shall be carried out by customs.
Obligations of the District National Committee
(1) The District National Committee is obliged to identify, document, manage and implement the national property referred to in Article 1 by means of a transfer to the administration of state organisations or to the ownership of other socialist organisations other than state or citizen ownership, or otherwise to deal with it in a final manner. The identification and listing of the property shall not be carried out if the property has previously been secured in accordance with the provisions of Section 347 of the Criminal Code.
(2) Where a third party has the right to property in matters taken over by the State, the district national committee shall examine their applications. If, after assessing the evidence of ownership submitted, it concludes that the claim claimed is justified, it shall issue the case to the owner. If third parties undoubtedly do not demonstrate ownership of the matter taken over by the State, they shall be referred to by the District National Committee for Civil Procedure (4) with the invitation to prove that they have exercised their claim within a period which may not be less than one month from the receipt of the call.
Registration of assets in interim management
(1) Any case of acquisition of assets by the State shall be kept by the District National Committee in an operational register comprising:
(a) substance register, 5)
(b) name index to the substance register;
(c) list and description of the property, 6)
(d) stock books. 7)
(2) If some of the cases are owned jointly by other persons or if they have so far been wholly owned by spouses, the District National Committee shall list this fact [paragraph 1 (c)].
(3) The revenue and expenditure of the interim management are budgeted by the district national committees (8) and accounting rules apply to their accounting. 9)
(4) The District National Committee in whose territory the property is located ensures that the acquisition of the property by the State is indicated in the property register. Changes in legal status shall be notified to the geodesy body by the district national committee only after the property has been transferred to the management (ownership) of the socialist organisation and shall be accompanied by documents supporting the registration of the change in legal status. 10) (11) In the notification of the geodesy body to the legal provision that the transfer of ownership took place.
(5) The acquisition by the Czechoslovak State of the foreign exchange foreign exchange foreign exchange property will be notified by the District National Committee of the Property and Foreign Exchange Administration in Prague, or by the Foreign Exchange Property and Foreign Exchange Property Office for Slovakia in Bratislava.
Treatment of national assets in interim administration
(1) The District National Committee, which has national assets in the interim management, shall transfer such assets, except in the cases referred to in paragraph 2, or, if it does not retain them in its administration, to the administration of state organisations or to the ownership of other socialist organisations than those which it is best placed to serve in the performance of its tasks or to the socialist organisations whose activities are the purchase and sale of the items used. Treatment of special goods is regulated in Section 6.
(2) The matter and the funds acquired by the State by the court of confiscation of the property shall be dealt with by the district national committee after the expiry of the period of three months following the legal authority of the operative part of the judgment, provided that an application may be made in accordance with the provisions of Paragraph 346 (1) of the Criminal Code. If a request has been made, the court shall have jurisdiction over that request. However, this applies only to matters and means where doubts arise as to whether they are necessarily needed to satisfy the life needs of the condemned or persons whose nutrition or education the sentenced is legally obliged to take care of. 12)
(3) Matters for which third-party ownership rights have been exercised (Paragraph 3 (2)) shall be dealt with only after their request 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.
(4) For transfers of national assets from the interim administration to the administration or ownership of socialist organisations, the provisions of Sections 14 (1) (c) and 16 of Decree No. 156 / 1975 Coll., on the administration of national assets shall not apply to the district national committee.
(5) If the State has acquired only a joint ownership interest in real estate, it shall be treated mutatis mutandis under the previous provisions. When acquiring a joint ownership interest in movable property, the District National Committee shall agree with other joint owners or other persons entitled to settle such rights; If no agreement is reached, the District National Committee shall request the court to abolish the co-ownership.
(6) The district national committee shall agree with the second of the spouses on the settlement of the deceased non-joint ownership of spouses; If no agreement is reached, it shall submit a settlement application to the court. 13)
(7) Citizens may be transferred to the property of a movable cause which has not been shown to be of interest to the socialist organisation and which may be the subject of personal ownership. The District National Committee may, exceptionally, sell to the Socialist organisations, even without prior offer, items acquired by the State which may be the subject of personal ownership and would be otherwise disposed of in view of their cost.
(8) Persons who remain close to 14) may exceptionally sell from the cases acquired by the State in the proceedings for inheritance items which are of interest to the buyer as a monument to the deceased, up to a total estimated price of 2000 CZK.
Treatment of property of a special nature
(1) The movable goods shall be handled as follows:
(a) Massive items of museum and gallery value, or values documenting the development of the company, shall be assessed by the District National Committee on the cultural section by the competent authority of the Regional National Committee and transferred free of charge to the administration of the organisation designated by that authority. Cultural monuments and objects of the museum and gallery values of military character (antique weapons, armour, uniforms, equipment, military badges, military monuments, orders, honours, medals with relevant decrees, flags, flags and personal monuments to the participants of the first and second resistance), if they are of national importance, will be transferred free of charge by the District National Committee to the administration of the Military Museum in Prague. Motive items shall be transferred free of charge by the district national committee to the administration of the relevant State Regional Archive.
(b) Books and other printed matter which the competent authority of the District National Committee on the section of culture shall designate as appropriate, as a whole or in part, to be transferred to one or more libraries, shall be transferred free of charge by the District National Committee to the management of libraries designated by that authority. The other books and printed matter of the District National Committee will be offered by the Interpreate n.
(c) Processed precious metals, precious stones, pearls and coins of precious metals (except gold coins of all kinds), provided that they are not transferred under (a) to the management of the organisations designated by the cultural authority, shall be transferred by the district national committee, in return for payment, to the management of the Klenota branch. Unprocessed precious metals [except gold as defined in the provision of § 5 (b) of Act No. 142 / 1970 Coll., on Foreign Exchange Economy] will be transferred by the District National Committee in return for payment to the administration of the Czechoslovak State Bank.
d) Postal stamps and other state postal prices, including their collections and other philatelic material, will be transferred by the Regional National Committee to the Postal Philatelic Service in Prague and the Slovak Socialist Republic to the Postal Philatelic Service in Bratislava in return for payment; the items of museum, gallery and archive value are transferred free of charge to the administration of the Federal Ministry of Communications.
(e) Parts of military equipment and equipment originating from professional soldiers or essential services shall be transferred free of charge by the District National Committee to the administration of the Federal Ministry of Defence; the components of the armaments and equipment of the members of the armed corps of the Ministry of Interior shall be transferred free of charge to the administration of the competent Ministry of Interior, the members of the armed corps of corrective education to the competent Ministry of Justice.
(f) Weapons covered by the provisions on firearms, 15) ammunition of all kinds and explosives shall be transferred free of charge by the District National Committee to the administration of the competent Ministry of the Interior, to which it shall also hand over other items which are not permitted or appropriate to be put into circulation (e.g. radios, maps, defective printed matter, photographs and films, etc.).
(g) Other valuable items, in particular branded porcelain, precious glass, paintings, sculptures, carpets, composite furniture and antiques of all kinds, provided that they are not transferred to the administration of organisations designated by the cultural authority, shall be transferred by the district national committee in return for the administration of the Klenota branch.
(h) The district national committee shall dispose of medicinal products, therapeutic and orthopaedic needs, poisons and toxic substances according to the disposition of the county national health institute.
(2) Financial values shall be treated as follows:
(a) The District National Committee shall submit the books to the Money Institute with the order that the deposit balances be transferred to the relevant account of the District National Committee at the Czechoslovak State Bank. If the county national committee does not have a deposit book in its possession, the relevant monetary institution shall, with the communication of the data identifying the deposit in question sufficiently, request the execution of the amortisation procedure. 16)
(b) The District National Committee shall invite the State Insurance Corporation to transfer the balance of the proceeds from the insurance of persons to the relevant account of the District National Committee at the Czechoslovak State Bank.
(c) Domestic and foreign securities shall be transferred by the District National Committee to the Czechoslovak Bank, indicating the reason for their acquisition by the State. The Czechoslovak State Bank will transfer any proceeds of their implementation to the relevant account of the District National Committee at the Czechoslovak State Bank.
(d) Valutes, foreign exchange and gold as defined in the provisions of § 5 (a) and (b) of Act No. 142 / 1970 Coll., on Foreign Exchange Economy, will be offered by the District National Committee to buy out the State Bank of Czechoslovakia.
(e) Tuzex's collection orders shall be submitted by the District National Committee to buy them out to the Czechoslovak State Bank, which shall pay them in crowns to the relevant account of the District National Committee at the Czechoslovak State Bank.
(f) The district national committee shall record the claims, including the claim for payment of the residual value of the member's share of the building housing cooperative, and ensure that they are applied against debtors. If the debtor is resident in the district of another district national committee, he shall transfer their administration to that district national committee. 17) For claims against foreign debtors, the District National Committee shall proceed according to the foreign exchange rules. If necessary, it will request a recommendation for further action at the Property and Foreign Exchange Administration in Prague or at the Property and Foreign Exchange Administration for Slovakia in Bratislava. 18)
(3) The District National Committee shall notify and deal with the Office of inventions and discoveries of the acquisition of the rights of discoveries, inventions, improvements and designs. 19); the copyright is transferred to a state organization designated by the competent Ministry of Finance of the Republic in agreement with the competent Ministry of Culture of the Republic. 20)
Commitments
If the State has acquired the property for one of the reasons set out in Paragraph 1 (2) (a) to (c) and points (f) to (j), it shall not be transferred by the former owner of the case.
(1) When acquiring assets from the inheritance, the district national committee shall settle the obligations of the deceased within the limits and in accordance with the provisions of Sections 470 and 472 of the Civil Code, in addition to the claims of the state savings banks, which shall be settled in accordance with Section 10. Therefore, in the course of the succession proceedings, the District National Committee will, in accordance with Article 471 (2) of the Civil Code, make a proposal that creditors of the deceased be asked to notify the state notaries of their claims. 21)
(2) If the State's inheritance was in accordance with § 462 of the Civil Code and it is not possible to pay the monetary debt with inheritance money, the District National Committee may offer creditors to pay the debt of the inheritance which is equivalent to the amount of the debt. If the estate is the subject of an inheritance which cannot be the subject of a personal property whose value exceeds the amount of the debt, the district national committee shall offer to the creditor an ideal part of that property whose value corresponds to the amount of the debt. However, a residential house with accessories which is not a family house is not considered as such property, but is intended for housing and only slightly exceeds the characteristics of the family house. 22) If the creditor refuses to accept the goods offered or if the inheritance acquired by the State is overpaid and has not reached an agreement to delegate the inheritance to creditors for payment of the debt, the district national committee shall propose the liquidation of the inheritance. 23) However, the creditors cannot be offered land of all kinds and the cases referred to in § 6 to cover the debt.
(3) The costs of the deceased's funeral when acquiring the inheritance by the State shall be reimbursed to the appropriate extent. 24)
If the State has acquired the property by gift, 25) only the obligations (liabilities) set out in the donation contract take over. After the adoption of the donation offer, the district national committee shall settle all commitments taken over in addition to the claims of state savings banks to be settled in accordance with Section 10.
(1) If the immovable property transferred to the State for one of the reasons set out in Paragraph 1 (2) is linked to the outstanding claims of the State Savings Bank, the District National Committee of the State Savings Bank shall notify the State Savings Bank of their claims within 30 days of notification to the Property and Foreign Exchange Administration in Prague or the Property and Foreign Exchange Administration for Slovakia in Bratislava. The District National Committee shall indicate on the application the method and date of acquisition by the State. The settlement of claims shall be carried out by the competent property and foreign exchange management.
(2) The same procedure shall apply to the settlement of claims of state savings banks related to the property acquired by the State when the property was sold by the State notaries in the execution of the decision. 26) Settlement is carried out up to the amount covered by the yield schedule.
General, transitional and final provisions
(1) Members of national committees, members of committees of national committees, staff of national committees, staff of the National Security Corps, courts, state notaries and prosecutors, as well as other state bodies to cooperate in the security of assets and in the interim management of acquired assets by the State, as well as persons invited to participate in the administration and implementation of assets (e.g. experts), shall be excluded from the acquisition of cases under the provisions of Paragraph 5 (7).
(2) The acquisition of cases under the provisions of Paragraph 5 (7) shall also exclude persons close to 27) to the officials and staff referred to in paragraph 1.
Save as otherwise provided in this Decree, the provisions on the management of national property shall apply to the provisional management of national property.
The provisions of this Order shall also apply to the provisional administration carried out by customs, unless otherwise provided in the specific provision. 28)
According to this decree, the implementation of the provisional administration of national assets, which the State acquired before the entry into force of this decree, remains unaffected.
Exemptions from this decree may be authorised in individual cases and only for serious reasons by the relevant Ministry of Finance.
The Ministry of Finance Directive on the security and management of secured assets and the interim administration and realisation of assets acquired by the State, published in the Ministry of Finance Bulletin No 4 of 1966 under the heading No 9, registered in the amount of 9 / 1966 Coll.
This Decree shall take effect on 1 January 1978.
Minister:
Lér, CSc.
1) Sections 30 and 31 of Decree No. 156 / 1975 Coll., on the Administration of National Property.
2) For example, according to the provisions of § 457 (2) and (3) of the Civil Code, when the State is subject to compliance under the provisions of § 44 of the notarial order No. 95 / 1963 Coll., under the provisions of § 81 of Act No. 141 / 1961 Coll., on criminal proceedings of the judicial (criminal order), in the full version of Act No. 148 / 1973 Coll., under the Decree of the President of the Republic No. 108 / 1945 Coll., on confiscation of enemy property and National Recovery Funds, as amended by Act No. 84 / 1949 Coll.
3) E.g. § 99 (2) of the Instructions of the Minister of Justice of the Czech Republic of 5.6.1973 no. 417 / 73-L and of the Minister of Justice of the SSR of 18.6.1973 no. 15 / 1973-L, registered in the amount of 19 / 1973 Coll., which issue organizational orders for county and county courts.
4) Act No. 99 / 1963 Coll., on Civil Procedure, in full version published under No. 162 / 1973 Coll.
5) In the Czech Socialist Republic the form of glass No MFin 53, in the Slovak Socialist Republic the form of glass No 25 183 O.
6) In the Czech Socialist Republic the form of glass No MFin 56, in the Slovak Socialist Republic the form of glass No 25 214 O.
7) In the Czech Socialist Republic, form of glass No MFin 831, in the Slovak Socialist Republic form No 25 187 O.
8) Budget composition for national committees.
9) Accounting chart for budgetary organisations and directives - FMF - No XV / 11 504 / 75.
10) Paragraph 6 of Decree No. 23 / 1964 Coll., implementing Act No. 22 / 1964 Coll., on the Registration of Real Estate.
11) For example, according to § 453 (2) of the Civil Code.
12) Paragraph 52 (1) of the Criminal Act.
13) § 52 of the Criminal Code and § 500 (3) of the Civil Code.
14) § 116 of the Civil Code.
15) Decree No. 124 / 1961 Coll., on firearms and ammunition.
16) Paragraph 332 (1) of the Civil Code.
17) Paragraph 72 (3) of the Economic Code.
18) Act No. 142 / 1970 Coll., on Foreign Exchange Economy, and Decree No. 143 / 1970 Coll., implementing the Foreign Exchange Economy Act.
19) Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs.
20) Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act).
21) § 36 of the notarial order.
22) Article 3 of Decree No 236 / 1959 of the Ú. l., on measures relating to private property.
23) § 43 of the notarial order.
24) Similarly, pursuant to the provisions of § 60 paragraphs 1 and 2 of the Decree of the Government of the Czech Government No. 54 / 1975 Coll., implementing the Labour Code.
25) Sections 30 and 31 of Decree No. 156 / 1975 Coll., on the Administration of National Property.
26) § 336 of Act No. 99 / 1963 Coll., on Civil Procedure, in the full version published under No. 162 / 1973 Coll.
27) § 116 of the Civil Code.
28) Decree No. 119 / 1974 Coll., implementing Customs Act No. 44 / 1974 Coll.
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Regulation Information
| Citation | Decree of the Federal Ministry of Finance No. 86 / 1977 Coll., on the Interim Administration of National Assets |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.12.1977 |
|---|---|
| Effective from | 01.01.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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