Decree No. 90 / 1984 Coll.
Decree of the Federal Ministry of Finance on National Property Management
Valid
Effective from 01.01.1985
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90
DECLARATION
Federal Ministry of Finance
of 17 July 1984
on the management of national property
According to § 391 (1) (a) and § 75 of 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 conditions for the acquisition of goods by a contract into state socialist property (hereinafter referred to as "state property '), the management of national property by state organisations, the exercise of the management of national property by the organisational units of state organisations acting in their name in economic relations (hereinafter referred to as" organisational units') and the treatment of claims and other property rights of state organisations.
(2) This decree does not apply to the acquisition of property from non-state socialist organisations, from citizens and non-socialist organisations which are the subject of the activities of a state organisation, to transfers of management and ownership of national property which occurs in the normal management of the property. 2)
(3) Furthermore, the Decree does not apply to transfers of goods intended for personal consumption to the property of citizens (e.g. sales in commerce, the provision of medicines, school supplies) and to the lending of consumer items to citizens by state organisations designated for this purpose, to the leaving of apartments and rooms in houses administered by organisations for the personal use of citizens, to the transfer of items in national property to the temporary use of citizens under specific regulations, (3) to the lending of consumer items intended for that purpose (e.g. books, sports items) and to the provision of personal protective equipment and other items by organisations under specific legislations.4).
IMPLEMENTATION OF THINGS INTO THE STATE GOVERNMENT OF THE TREATY
Reimbursement of goods
(1) State organisations may acquire contracts 5) State ownership of a case from socialist organisations other than state organisations at a price according to price regulations, 6) if they need it for the performance of their tasks.
(2) From citizens and organisations other than socialists, state organisations can only exceptionally acquire property at a price under price regulations, (7) if they cannot acquire it from socialist organisations and need it necessarily for the tasks assigned to them. State organisations cannot acquire from citizens and organisations other than socialists into state ownership of family houses, 8) buildings for individual vacation9) and personal homes for accommodation and recreation of their workers.
(3) The provisions of paragraphs 1 and 2 shall also apply to organisational units where they may conclude contracts on their behalf for the transfer of property to State ownership.
(1) The authority directly superior to the State Organisation may provide that the approval of the ownership transfer agreement referred to in Article 2 (1) is necessary for the effectiveness of the economic agreement. The same may be provided for by a state organisation to its organisational unit, unless the approval of the body directly superior to the state organisation is necessary.
(2) In order to ensure the effectiveness of the ownership contract referred to in Article 2 (2), state organisations need the approval of a directly superior body, the national committee of approval of the national committee of the highest degree. The authorities authorised to authorise the transfer of goods to be paid may specify in which cases their approval is not necessary.
(3) In cases for which the approval of a superior body of a state organisation is not required, the approval of a state organisation is necessary to ensure the effectiveness of the ownership contract provided for in Article 2 (2). The status of a state organisation may specify in which cases such approval is not necessary.
(4) The approval provided for in paragraphs 1 and 2 is not necessary if the case is acquired by a central administration or a regional national committee, the National Committee of the City of Prague and the National Committee of the Slovak Socialist Republic of Bratislava (hereinafter the "Regional National Committees").
Free acquisition of goods
(1) The offer of free transfer of movable property to state ownership by citizens and organisations other than the Socialists is responsible for accepting the State organisation to which the offer was made. By accepting the offer, the matter is transferred to the State property and to the administration of the State organisation that accepted the offer.
(2) In order to accept the offer of free transfer of real estate to state ownership by citizens and organisations other than socialist, the regional national committee or the national committee shall be the same as that established by it (hereinafter referred to as the "district national committee") in whose district the real estate or the majority of it is situated. By accepting the offer, the property is transferred to state ownership and provisional administration of the National Committee. 10)
(3) The Federal Ministry of Foreign Affairs is responsible for accepting the offer of free transfer of goods from abroad to state ownership; by accepting the offer, the cases are transferred to its administration.
(4) State organisations may acquire, free of charge, a contract (3), state ownership of the case also from socialist organisations other than state organisations.
(1) The contract for the free transfer of ownership of property to state ownership must take a written form.
(2) If the offer is subject to difficult conditions, the offer may be accepted only if there is a social interest in its acceptance. In such cases the approval of the directly superior body of the State Organisation which has been awarded the offer or of the national committee closest to the highest level shall be required if the national committee accepts the offer. Approval shall not be required if such an offer is accepted by a central administration or a regional national committee. In doubt, these authorities will seek the opinion of the relevant Ministry of Finance.
MANAGEMENT OF HUMAN NATIONAL PROPERTY
Jurisdiction in the management of national assets
(1) National assets are managed by state organisations. Organisational units shall exercise on their behalf, to the extent that they are competent to acquire rights and to undertake, the management of national assets which are under the administration of a state organisation and with which they are managed.
(2) In principle, the national property is managed by a state organisation which is entrusted with tasks which it serves wholly or principally for the performance of the assets, unless otherwise provided for in this Decree or in specific provisions. 11) When several state organisations use real-estate national assets to carry out their tasks, they shall be responsible for the management of such national assets by the state organisation which uses the largest part of it in relation to the other organisations. The authorities in whose jurisdiction it is to remove doubts as to which state organisation is to manage certain national assets (§ 7) may derogate from this provision for serious reasons, in particular economic reasons.
(3) Where a national organisation manages national property used wholly or principally by another State organisation, the two organisations must ensure that such property is transferred to the administration of that state organisation which uses national property wholly or principally. This provision is without prejudice to the possibility of leaving national assets to a socialist organisation for temporary use in whole or in part (Section 13).
(4) Where a State organisation manages immovable national property which, according to a final territorial decision, is intended for the investment construction of another State organisation, the managing State organisation shall transfer that property to the administration of that State organisation unless otherwise agreed by the organisation. 12) The real national assets intended for the investment construction of a socialist organisation other than the state must be transferred by the state to the administration of the relevant district (urban) national committee, 13) in whose district the national assets are surrendered. This National Committee shall act in accordance with Paragraph 14. If the immovable national property is identified by a zoning document or zoning documents for concentrated residential construction, the managing organisation shall transfer the national property to the management of the relevant national committee, which is the investor of the concentrated housing or state organisation set up to ensure the investor's activities. The management organisation shall transfer national assets intended for investment construction or for concentrated residential construction within 30 days from the date on which it requests the transfer of management. The agricultural land may be transferred only after it has been withdrawn from agricultural production; 14) the forest land may be transferred only after it has been removed from the forestry fund. 15)
(5) If State organisations pool funds for investment construction or for the acquisition of basic funds between themselves, or with socialist organisations other than state organisations, they must agree in advance in the contract on the association of funds which of them will have the assets acquired in the administration and, where appropriate, in their ownership. 16) As a rule, it will be the socialist organisation that can best carry out the tasks for which such property has been acquired or which will mainly contribute to its acquisition.
(6) National committees, or organisations controlled by them and designated by them, may have in their administration surplus immovable national assets which do not serve to carry out their tasks, but for which the social interest requires that they remain State-owned for future tasks. They may also have houses which are not residential houses and are intended to be left to several socialist organisations in whole or in part for the performance of their tasks and are actually used by several organisations, or where the floor area of their residential area is at least one third of the total use area of the building.
(7) If a State organisation fails to comply with the obligation under paragraphs 3 and 4, the procedure shall be applied mutatis mutandis in accordance with Section 7.
(8) As owner of real estate, the Czechoslovak State is registered in the real estate register with the name of the state organization which has the property under management. 17) The administrative performance shall be indicated on the record sheet.
Removal of doubts about jurisdiction in the management of national assets
(1) If doubts arise as to which State organisation is entitled to manage certain national assets and if a dispute (hereinafter referred to as the "governance dispute ') is raised, the nearest authority shall decide jointly by a superior body to the organisations between which the management dispute has arisen, unless a separate regulation is intended for decision-making by another competent authority of the State. 18) In the absence of a joint management body, the relevant central government bodies or regional national committees shall decide in the agreement; If no agreement is reached between them, the competent Ministry of Finance shall decide at the request of either of them. In the event of a governance dispute between a state organisation governed by a federal central government body and a state organisation governed by a central government body of the Republic, or between a state organisation governed by a central government body of the Czech Socialist Republic and a state organisation governed by a central government body of the Slovak Socialist Republic, the relevant Ministry of Finance shall decide in the agreement at the request of one of the competent central government bodies of the state administration or the regional national committee, provided that one of those organisations between which the management dispute arose is a national committee or a controlled organisation.
(2) State organisations between which a management dispute has arisen must, without undue delay, submit a request to the superior authority for action which is entitled to manage certain national assets. The application submitted by any of these organisations shall be signed by the statutory body of the organisation, shall contain the precise facts on which it is based and the proposal to be decided. The application shall be accompanied by proof that no agreement has been reached between the national organisations. A State organisation which has applied for a decision on an administrative dispute shall send a copy of the request for action to the State organisation against which the request is directed.
(3) Within 15 days of receipt of a copy of the request, the State organisation against which the request is directed shall submit to the competent authorities referred to in paragraph 1 (hereinafter referred to as the "decision-making bodies") an opinion signed by the statutory authority, which shall give an opinion on the proposal contained in the application and on the facts on which it is based and on the proposal to be decided. The State organisations shall attach the necessary documents to the statement.
(4) The decision-making bodies shall discuss the matter with the state organisations between which the governance dispute has arisen 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 relevant Ministry of Finance shall decide on administrative disputes if the central administration or the regional national committees, as the case may be, provide evidence that no agreement has been reached between those authorities and a detailed analysis of why the dispute has not been decided. In such a case, the request shall be lodged by one of the central government bodies or by the Regional National Committee with the competent Ministry of Finance.
(6) The decision-making bodies may invite experts to act or request a written expert opinion in order to assess the dispute on the management of national property objectively, taking into account the expertise of the case. These bodies shall determine the level of remuneration (19) for the expert opinion and decide which state organisation is required to cover these costs.
(7) The transfer of the management of national assets by the measures of the determining authorities shall be carried out in accordance with the provisions of Paragraph 17 (4) of this Order.
(8) Decision-making is a procedure whereby the decision-making bodies decide on the legal situation of state organisations in the management of their economic activity. 20)
(9) A State organisation managing national assets which is the subject of an administrative dispute shall, pending the adoption of the measure, be required to fulfil its administrative obligations properly.
Where doubts arise as to which organisational unit is responsible for the exercise of the management of national assets, the statutory body of the state organisation, which may also decide to transfer the exercise of management between the organisational units pursuant to Paragraph 17 (5), shall decide accordingly; Article 7 shall apply mutatis mutandis to this decision.
Basic obligations in the management of national assets
(1) State organisations are obliged to manage national assets with the care of a proper economy. They shall in particular:
(a) national property to be identified, written, valued and kept in the prescribed register in accordance with special regulations, 21) unless otherwise specified, 22)
(b) within 60 days of the date on which the State organisation has acquired ownership, management, management or management of the property, to notify the competent authority of the geodesy and to provide it with documentation for the registration of changes in the real estate register, 23)
(c) ensure that national property is maintained, improved, expanded, properly maintained, effectively distributed and fully used;
(d) to use all legal means to protect it, in particular to seek the protection of the State's property right against unauthorised interference and the protection of the right of administration, 24) to exercise the right to compensation against those responsible for the damage, to exercise the right to issue unjustified property benefits against those who acquired it at the expense of the state organisation;
(e) to fulfil other obligations imposed by specific provisions. 25)
(2) The provisions of paragraph 1 shall apply mutatis mutandis to organisational units in the exercise of the management of national assets.
Excess and unfit national assets
(1) The surplus is national property which a state organisation does not need to carry out its tasks permanently. The surplus shall also be considered to be part of the assets which exceed the scope appropriate to the needs of the state organisation. Basic funds in reserve and preservation are not considered to be surplus. 26)
(2) National property which cannot be used for its complete wear or damage, obvious obsolete or obvious inefficiency in operation or for other serious reasons cannot serve its purpose or purpose anymore. 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) State organisations are required to monitor on a continuous basis which national assets managed by them are superfluous or unfit and are to be treated in accordance with other provisions of this Decree, unless otherwise provided for in the Specific Code. 27)
(4) The excess or infitness of national assets, as well as the way in which such assets are dealt with, shall be decided in writing by the statutory authority or by its authorised manager, where appropriate on a proposal from the committee set up by it, as an advisory body, or on the basis of an expert socialist organisation. The decision on the excess and infitness of national assets shall be accompanied by proof as to how it was handled.
(5) Specific rules are in force for decisions on surpluses and non-fitness of national cultural assets. 28)
Management of surplus national assets
(1) National property, which has been decided to be surplus under Paragraph 10 (4), will be transferred by state organisations to the administration of other state organisations (Sections 16 and 17) or to the ownership of a socialist organisation other than the State (Sections 18 and 19).
(2) Where matters which may be privately owned and those referred to in Article 18 (4) (da), (db), (dc), (ec) are not manifestly of interest by a socialist organisation and, if they are movable, not by a socialist organisation providing an intermediary service, they may be transferred to the ownership of citizens at a price in accordance with price regulations. 29) It is not possible to transfer surplus trucks and buses into the ownership of citizens. 30)
(3) The excess real estate of a national asset requiring the social interest to remain State-owned for future tasks shall be transferred to the administration of the local national committee unless it has been transferred to the administration of another state organisation which can better manage such assets. Agricultural land shall always be transferred to the administration of the district (urban) national committee. 13) If the competent national committee objects to the transfer, the procedure laid down in Article 7 shall be followed.
(4) Specific regulations apply to the management of unused stocks (31), including items of gradual consumption in stock and in use. 32)
Treatment of unfit national property
(1) With national property, which a state organisation decides pursuant to Paragraph 10 (4), that it is unfit and cannot be used economically, for example, as material, it shall dispose of pursuant to § 11 (1) and (2) unless it is clear that such property cannot be used by socialist organisations or citizens.
(2) Specific regulations apply to the management of unused stocks (33), including in stock and in use, and to the management of metallic waste and raw materials. 34)
(3) If the State organisation fails to dispose of the unfit national property under the previous paragraphs, it shall dispose of it. They shall be treated in the same way with unused stocks. 35)
Temporary use of national assets
(1) A state organisation may, in whole or in part, delegate national assets which it has in its administration and which it does not need temporarily to carry out its tasks, to a socialist organisation for temporary use by an economic treaty. 36) For temporary use, things cannot be left to the consumer.
(2) A state organisation may, in return for payment of 37) temporarily use to citizens for personal use in an area of land which is not part of the agricultural land fund if it does not temporarily need it to carry out its tasks. Under the same conditions, the state organisation shall leave the land on which the construction is built for temporary use, which it transfers to the ownership of the citizen pursuant to § 18 (4) (da), (db), (ec).
(3) With the agreement of the District National Committee, a State organisation may, following the prior observations of the competent authority of the State Economic Management of Farming38) give temporary use for remuneration under price regulations to social organisations or citizens for agricultural use of agricultural land 39) unfit for socialist agricultural production.
(4) A state organisation may delegate national property for the provision of services to citizens for temporary use in accordance with price regulations (40) unless such property is effectively used by the state organisation for this purpose and the citizen has received a permit from the competent authorities under the special regulations (41).
(5) In places where the services necessary for individual housing, modernisation, reconstruction and maintenance of the home and housing funds are not provided by socialist organisations, or for other socially desirable purposes, the state organisation may, if it does not prevent the performance of its tasks, leave the citizens for temporary use in accordance with price regulations (40) building mechanisms, means of transport, instruments and instruments for a period of time strictly necessary. The State organisation shall check that the national property is not used in contravention of the purpose for which it was transferred to temporary use.
(6) The transfer of national assets to temporary use referred to in paragraphs 2 to 5 shall be carried out by written contract. 42) The precise description of the national assets transferred to temporary use, the definition of the purpose for which the national assets are to be transferred, the determination of the time in which the national assets are to be left, the amount of remuneration and the possibility of withdrawal, if it is established that the national assets are being used in breach of the contract concluded, is necessary for the contract concluded with the citizens. 43)
Permanent use of immovable national property
(1) Real estate with facilities other than buildings which are not interested in remaining State-owned may be surrendered free of charge to permanent uses44) only to socialist organisations other than state organisations ("permanent users").
(2) The county (urban) national committee is responsible for the transfer of immovable national property to permanent use to a permanent user, 13) in whose district the property is surrendered. If immovable national property which is not in the administration of the district (city) national committee in whose district it is located is to be transferred to its administration, it shall be transferred to its administration. With the approval of the relevant Ministry of Finance, other state organisations may hand over the real-estate national assets in their management to permanent use.
(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. 45)
(4) The economic contract for the transfer of immovable property to permanent use must include:
(a) identification of the property surrendered (municipality, cadastral territory, partition number, in the case of buildings, a descriptive or registered number in accordance with the registration of the property);
(b) the purpose for which the property is transferred into 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) purchase price of the property surrendered, 46)
(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. 47)
(6) If there is a conflict at the time of conclusion of the contract, or at the time of the negotiation of its amendment or cancellation between the national asset manager and the permanent user, it shall be dealt with by the superior authorities.
(7) 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 48) may be carried out only with the prior written consent of the administrator of the national property. Any consent shall specify whether and to what extent a permanent user is entitled to reimbursement of the investment funds he has spent in the event of the termination of permanent use. The remuneration may not exceed the cost of the acquisition of the investment, less wear and, where appropriate, accidental depreciation. Where the costs of acquiring an investment by a permanent user have been reimbursed in whole or in part from the State Budget (State Funds) or have been incurred by a permanent user without the prior written consent of the National Property Manager, the cost reimbursement shall not be payable to the permanent user.
(8) If the immovable national property transferred to permanent use has been designated for investment construction, including residential construction, pursuant to an approved territorial planning dossier or a final territorial decision, or an approved list of land for the construction of family houses for the installation of family houses and if, for this reason, it is not possible between the national property manager and the permanent user to agree on the termination of the right of permanent use, the manager of the national property shall be entitled to withdraw such property from the permanent user. 49) In such cases, agricultural land may be withdrawn or agreed to terminate the right of permanent use after its withdrawal. Forest land may not be withdrawn until it has been removed from the forestry fund.
Personal land use
(1) State-owned land may be allocated to personal use only in the cases and under the conditions laid down in a specific regulation. 50)
(2) The decision to allocate the land to personal use shall be taken by the district 51) (urban) 52) by the national committee in whose district the land is located.
(3) If the land is assigned to personal use in the administration of a state organisation other than the local national committee, that organisation shall, as a general rule, transfer it to the administration of the local national committee, which shall conclude an agreement with the citizen establishing the right of personal use. Agricultural land may not be transferred until it has been withdrawn. Forest land may not be transferred until it has been removed from the forestry fund.
(4) Save as otherwise provided in specific provisions, a right of personal use shall be established for the land for remuneration. 53)
(5) The agreement on the establishment of the right of personal use of land registered by state notaries is a basis for registration in the real estate register. 54)
Transfers of national property management
(1) Transfers of the management of national assets outside the normal management (55) shall take place only between the State organisations of economic contracts (56) in return for payment in accordance with price regulations (57), unless otherwise provided by the legislation. 58)
(2) National property management shall be transferred free of charge if:
(a) land;
(b) tangible national assets transferred between budgetary organisations, unless they have been acquired from additional sources, 59)
(c) the tangible national assets transferred to an organisation which, under the contract for the association of funds, will be managed, 60)
(d) immovable national property transferred by the organisation to the administration of the national committee in order to submit it to permanent use (Paragraph 14 (2));
(e) tangible national assets which cannot be used by a State organisation and transferred to the administration of a national committee or, where appropriate, to an organisation governed by it (§ 11 (3));
(f) real and movable cultural monuments and objects of museum and gallery value, or their files in museums, galleries and monuments, if they remain collection objects, and library funds, or parts thereof, between the libraries of the single system,
(g) national assets transferred for teaching purposes to higher education institutions 61) and to the national committee responsible, 62)
(h) surplus national assets of museum and monument value intended to document the development of society or cultural educational use in cultural organisations. 63)
(3) State organisations may exceptionally agree on a free transfer of national property management in cases other than those referred to in paragraph 2, provided that such transfer contributes to the better use of national property.
(4) Transfers of management of national assets outside normal management shall be made on the first day of the following month, transfers of management of larger economic units on the first day of the following year. On another date, transfers of management may be made only if there are particular reasons for such transfers.
(5) The approval of the superior bodies of the state organisation is not necessary for the effectiveness of the economic contract, unless the superior authorities so provide.
(6) An economic contract concluded by an organisational unit shall be subject to the approval of a State organisation, unless the approval of a superior body pursuant to paragraph 5 is necessary. A state organisation may specify in the Statute in which cases its approval is not necessary.
(7) Organisational units of the same state organisation may, by economic contract, transfer the exercise of the management of national assets, unless this is excluded by the Statute. Paragraphs 1 to 5 shall apply mutatis mutandis to transfers of management performance. The Statute may specify in which cases transfers of the exercise of the management of national property shall be made free of charge, even in cases other than those provided for in the Order. The approval of the State organisation shall be required for the effectiveness of the economic contract for the transfer of the management of national assets, where provided for in the Statute.
(8) The competent authorities may not reserve the approval of transfers of management and of transfers of the management of national property carried out pursuant to Paragraph 6 (4).
(1) The management of national assets in connection with the establishment of a state organisation, with the reorganisation, with the transfer of production programmes, or if it is a measure of a competent authority pursuant to Section 7, may be transferred by the measure of a superior body. This measure must have essential elements as an economic contract for the transfer of national property management. This also applies to the measure under Section 36 of the National Committees Act.
(2) In order to improve the use of national assets, the management of national assets may exceptionally be transferred free of charge by the management of national assets in cases other than those referred to in Paragraph 16 (2).
(3) Where the competent authorities decide to transfer the management of national property in cases referred to in Article 6 (4), they must also decide to replace it in accordance with a special rule. 12)
(4) If the transfer of national property management from the branch of one central government body to another central government body falls within the competence of another central government body, the measure concerning the transfer of national property management shall be issued by the central authority from which the management of national property is transferred in agreement with the other central government body. Similarly, the transfer of the management of national assets from the field of competence of the Regional National Committee to the central administration or vice versa shall be carried out in the field of responsibility of another Regional National Committee, or by the relevant Ministry of Finance in agreement.
(5) The provision of a statutory body of a state organisation may transfer the exercise of the management of national assets. This measure must include the identification of the transferred national assets, the determination of the date of the transfer of the management and, where the transfer of the management is due, the amount of the remuneration.
Transfers of ownership of national property
(1) Transfers of national assets to the property of socialist organisations other than state organisations outside normal management are carried out by economic contracts. 64) Transfers of national assets to the property of organisations other than socialist organisations and to the property of citizens shall be carried out by contracts under a special rule. 65)
(2) Transfers of ownership of national assets shall be made at a price in accordance with price regulations, unless otherwise specified by specific provisions. Exceptionally free of charge, ownership of national property may be transferred only in the social interest. When pooling funds [paragraph 4 (b)], the ownership of national property may be transferred free of charge only under the conditions laid down in the special regulation. 66)
(3) Property to land can only be transferred if:
(a) the joint ownership of the land used for the personal use of the citizen or the co-ownership of the land, if they are simultaneously transferred to the ownership of the citizen or, where appropriate, to a socialist organisation other than the state and the joint ownership of the building which is built on the land;
(b) parts of land to be assigned to land owned by a citizen or, where appropriate, socialist organisations other than state, to create the conditions necessary for the proper use of their property;
(c) the parts of the land which, according to the planning documentation, the planning documents or the final territorial decision, are to be attached to the existing land owned by a citizen and are intended for the construction of family houses, 8) the buildings for individual recreation, 9) the garages and the setting-up of gardens where it is not appropriate to establish the right of personal use, or to existing land owned by socialist organisations other than state, if it is not appropriate to submit them to permanent use;
(d) parts of the land which the citizen has endured for the state67) and uses for personal use if it is not appropriate to establish a right of personal use for them;
(e) land transferred in exchange between state organisations and socialist organisations other than state organisations;
(f) land transferred in exchange between state organisations and citizens, if they are essential for the performance of tasks and the owner uses such land; any price differences shall be offset in cash,
(g) transfer of land to a foreign trade organisation.
(4) The ownership of other national assets can only be transferred if:
(a) buildings, if they are not interested in remaining State-owned, of a socialist organisation other than state-owned;
(b) tangible national assets transferred by state organisations to a socialist organisation other than the state, which will hold them under the pooling agreement, 68), or under the joint holding agreement, 69)
(c) the exchange of matters between state organisations and socialist organisations other than state organisations;
(d) superfluous or unfit national property, for socialist organisations other than the State and for matters which may be privately owned, including citizens. The ownership of citizens can also be transferred
(da) small hydropower plants of up to 35 kW installed;
(db) former schools, pubs, former offices, guards' houses, mills, barns, etc., after the prior statement by the competent building office that such buildings can be rebuilt for housing or recreation purposes, unless they have become State property under Government Decree No. 15 / 1959 Coll., on measures concerning certain things used by socialist sector organisations;
(dc) tractors, towing wagons and small agricultural mechanisation where these citizens are engaged in agricultural production;
(e) national assets, even if not surplus
(ea) where the transfer is necessary in the social interest, to socialist organisations other than state or international organisations based in the Czechoslovak Socialist Republic,
(eb) family houses with facilities and buildings for individual recreation with facilities for citizens,
(ec) housing houses with accessories which are not family houses and their living space does not exceed 150 m2, unless they have become State-owned under Government Decree No. 15 / 1959 Coll., on measures concerning certain things used by socialist sector organisations,
(ed) apartments which are transferred to the personal property of citizens under special regulations. 70)
(5) When transferring the joint ownership interest referred to in paragraph 4 (eb), the State organisation shall offer that share to the joint owner. If there is no family house or building for individual recreation in the joint ownership, it will offer it to existing users. If the user does not show interest in buying, the state organisation will offer and transfer such property to another citizen.
(1) In order to ensure the effectiveness of the economic contract for the transfer of ownership of national property at a cost of more than 5 million CZK and for the free transfer of national property at a cost of more than 250 000 CZK, the approval of the competent central government authority or the Regional National Committee is required.
(2) In order to ensure the effectiveness of an economic contract for the transfer of ownership of national property at a cost lower than that provided for in paragraph 1, and in order to ensure the effectiveness of a contract for the transfer of ownership of national property to a citizen or to an organisation other than a socialist, approval of a directly superior body of a state organisation is required. That authority may determine which transfers of ownership do not require approval.
(3) Approval pursuant to paragraphs 1 and 2 is not necessary if ownership of national property is transferred by a central government authority or a regional national committee.
(4) In the event of a free transfer of ownership of national property to a citizen or to an organisation other than a socialist, the approval of the relevant Ministry of Finance is necessary for the effectiveness of the transfer of ownership contract.
(5) The provisions of the preceding paragraphs do not apply to transfers of ownership of national assets pursuant to § 18 (4) (b) and (ed).
(6) The approval of a state organisation shall be required for the effectiveness of the contract concluded by the organisational unit, unless the approval of the superior body is necessary. A state organisation may specify in the Statute in which cases its approval is not necessary.
GOVERNANCE OF FINES AND OTHER GOVERNMENT RIGHTS OF THE STATE
(1) In the management of the receivables, state organisations proceed according to § 73 of the Economic Code.
(2) If the debtor is late in carrying out the debt, the organisation shall charge and recover the specified interest on late payments or a specified late payment fee, unless otherwise provided by law. 71)
(3) In the management of other State property rights, state organisations must, in particular, keep records of them, ensure their proper protection and exploitation.
(4) The provisions of this Order shall apply mutatis mutandis to the management and treatment of other property rights of the State, except as otherwise provided in the specific provision. 72) The competence to authorise the treatment of such rights shall be governed by the value of the subject matter of the transaction expressed in terms of the general price.
Transfers of State debt management
The management of the State's debts shall be transferred by an economic contract (56) or by measures of senior bodies, free of charge; the relevant provisions governing transfers of the management of tangible national assets shall apply mutatis mutandis.
Authorisation of instalments and deferral of payment
(1) State organisations may, if they are citizens, authorise the debtors to make reasonable payments on their debts in writing, recognised as to the ground and amount, or granted by a final decision of a court or other authority. They may also extend the time limits for payment of the claim or of the authorised instalments if the debtor cannot pay the debt or instalment at maturity without fault and if immediate recovery would mean excessive hardness for the debtor. Where repayment payments have been authorised for payment of the claim or the deadline for payment of the claim has been extended, interest on late payments or the late payment fee referred to in Article 20 (2) shall not be taken into account.
(2) Repayments may be granted only on condition that the authorisation of instalments ceases to be effective and that the claim becomes due in full if some instalments are not respected. When authorising instalments and deferral of payments, the organisation is obliged to agree, 73) that, in the event of an improvement in the property and earnings situation of the debtor, the authorisation of instalments and deferral of payments is withdrawn.
Withdrawal
(1) The State organisation shall be entitled, in whole or in part, to waive, at the request of the debtor, the claim received against him if the recovery of the claim would mean special hardness for him. The recovery of a claim arising from the intentional criminal activity of the debtor cannot be considered as hardness. A claim shall not be waived where the debtor is entitled, for any reason, to a claim against the State or a State organisation up to the amount of that claim, unless the debtor renounces the claim up to the amount of his undertaking. The waiver of the debtor's liability shall cease.
(2) The claim cannot be waived if it is owed by a socialist organisation.
Waiver of recovery
(1) If the claim is temporarily inconclusive or inconclusive, the state organisation shall be entitled to refrain from recovery for the time being, but shall continue to ensure that it is not withheld or destroyed and shall endeavour to achieve it. Provisional waiving of recovery is not permitted if it is a debtor of a state organisation.
(2) A State organisation shall be entitled to waive the recovery of the claim permanently if:
(a) the claim has become silent and the debtor refuses to comply;
(b) the debtor has died and the claim cannot be recovered on the heirs to which the debtor's obligations have been transferred, 74)
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Regulation Information
| Citation | Decree of the Federal Ministry of Finance No. 90 / 1984 Coll., on the Management of National Property |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.09.1984 |
|---|---|
| Effective from | 01.01.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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