of June 15, 2006 No. 660
About approval of the Regulations on the procedure of preliminary research for declaration of public usefulness of object of expropriation
In pursuance of part provisions (5) article 7 of the Law on expropriation for the socially useful purposes No. 488-XIV of July 8, 1999. (The official monitor of the Republic of Moldova, 2000, Art. No. 42-44, 311) DECIDES: the Government
Approve Regulations on the procedure of preliminary research for declaration of public usefulness of object of expropriation it (is applied).
Minister of Economy and Trade
Approved by the Order of the Government of June 15, 2006 No. 660
1. This provision establishes the single procedure of preliminary research for declaration of public usefulness of object of expropriation.
2. The preliminary research establishes availability of the elements proving national or local value of works, availability of social and economic, ecological or other prerequisites, confirming need of implementation of works and their inclusion in the plans of town planning and arrangement of the territories approved according to the law.
3. The preliminary research concerning works of national value is performed by the commissions formed by the Government into which about one representative of the central body of the public management coordinating area in which socially useful work, the Ministries of Ecology and Natural Resources, the Agencies of land relations and the inventory, the Agency of construction and development of the territories, the Ministries of Finance, the Ministries of Economy and Trade, and also the chairman of the area and primar the settlement in the territory of which socially useful work is performed is performed enters.
4. For works local, including general, value the preliminary research is performed by the commissions created by the councils of the corresponding administrative and territorial units consisting of representatives of the bodies of local public authority coordinating activities in which sphere socially useful work, representatives of the local public administration coordinating the budget and financial sphere and representatives of the relevant councils is carried out.
5. The commission carries out the following obligations:
a) considers objects of preliminary research;
b) establishes availability of the elements proving national or local value of works;
c) establishes the social and economic, ecological or other prerequisites confirming need of implementation of works and their inclusion in the plans of town planning and arrangement of the territories approved according to the law;
d) makes the decision on possibility of declaration of public usefulness.
6. The commission has the right:
a) attract to execution of the obligations of specialists of the central or local authorities of public management, the physical persons or legal entities having the license for occupation the corresponding type of activity;
b) demand from competent authorities of submission of information necessary for accomplishment of the functions assigned to it;
c) create the working groups on production divisions and on certain activities.
7. General management by the commission is exercised of its chairman, and in case of its absence - the vice-chairman. The chairman and the vice-chairman are elected from among members of the commission by a majority vote.
8. The preliminary notification of members of the commission about time, date and the place of convocation of meetings, creation of protocols of meetings and the solution of other organizational matters belongs to functional duties of the secretary of the commission.
9. Commission sessions are convoked as required according to the decision of the chairman.
10. Commission sessions are considered competent if at them there is most of her members. Commission sessions are open.
11. Decisions of the commission are made by open voting at least 2/3 voices of attendees. The secretary of the commission has no right to vote. Each member of the commission has the right of one voice. In case of equality of votes the chairman's voice is decisive.
12. In case of disagreement of members of the commission with the made decision they can submit separate opinions in writing which are applied to the relevant decision.
13. Decisions of the commission are entered by the secretary in the protocol which is signed by the present members. Decisions of the commission become effective from the moment of signing of the protocol.
14. For the violations and abuses allowed in case of fulfillment of duties, members of the commission bear responsibility according to the current legislation at the time of decision making.
15. The working schedule of the commission is installed in each case separately.
16. For the purpose of participation in commission sessions, sending out on business on the location of property and for other trips are paid to members of the commission travelers on principle place of employment.
17. Compensation of independent experts and specialists is performed at the expense of means of public bodies for the benefit of which public usefulness of object is proclaimed.
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