LAW OF THE REPUBLIC OF MOLDOVA

of October 27, 2022 No. 296

About declaration of public usefulness of the works on construction of the main water supply system of Chisinau having national value - Streshen - Kelerash

Based on Item e) parts (1) and parts (3) Articles 5, and also Item and) parts (1) article 6 of the Law on expropriation for the socially useful purposes No. 488/1999.

The parliament adopts this organic law.

Art. 1. - Proclaim socially useful the works on construction of the main water supply system of Chisinau having national value - Streshen - Kelerash within the "Improvement of Infrastructure of Water Supply in the Central Part of Moldova" project financed by the Government of the Federal Republic of Germany by means of German bank of development of KfW and National fund of regional and local development.

Art. 2. - The objects of expropriation necessary for accomplishment of the construction works specified in Article 1, are:

a) the real estate which is in private property and property of administrative and territorial units located behind line and/or in borders of the following settlements:

- city of Chisinau and Vatr, village of Gidigich (municipium of Chisinau);

- municipium of Streshen, city of Bukovets, communes Gelesht and Peneshesht, villages of Kepriyana, Roshkan, Sirets, Teteresht and Vornichen (area Streshen);

- city of Kelerash, Tuzar's commune, villages Nishkan, Pitushka and Verzereshty Noy (area Kelerash);

b) right to use or other corporeal rights concerning specified in Item and) this Article of the real estate which is subject to use during accomplishment of the construction works specified in Article 1.

Art. 3. - Expropriation of the property right on specified in Item and) articles 2 objects belongs to real estate which will be on permanent basis mentioned necessary in connection with construction of the main water supply system of Chisinau - Streshen - Kelerash works, and right to use or other corporeal rights, stipulated in Item b) Articles 2, are subject to temporary expropriation for the entire period of accomplishment of the mentioned construction works for up to five years if the parties do not agree about other term.

Art. 4. - To the government to take the measures necessary for expropriation of the property right, and also right to use by real estate or other corporeal rights to such property necessary for accomplishment determined according to the project documentation of works on construction of the main water supply system of Chisinau developed according to the legislation - Streshen - Kelerash and to provide realization of the taken measures on behalf of the state.

Art. 5. - Payment of compensation relying in connection with expropriation of the property right, and also right to use by real estate or other corporeal rights to such property is made by the Government at the expense of the funds allocated from the government budget.

Art. 6. - Expropriation of real estate of owners, owners of right to use or other rights which identity cannot be identified is performed by it according to the procedure, established in appendix to this law.

Art. 7. - In departure from regulations of regulations on public property, the Civil code, and also the Law on expropriation for the socially useful purposes No. 488/1999, except for of Articles 11, of 12, 14 and 15 specified the law, for works on construction of the main water supply system of Chisinau - Streshen - by Kelerash within the "Improvement of Infrastructure of Water Supply in the Central Part of Moldova" project establishes the special procedure of expropriation according to appendix to this law.

Art. 8. - From the date of entry into force of this law are recognized insignificant:

a) transactions with the objects which are subject to expropriation, the bargains except for connected with inheritance which will be concluded after entry into force of this law;

b) transactions on inclusion of subjects of expropriation of objects in settlement perimeter, and also on the translation of the property which is property of administrative and territorial unit from one sphere of public property in another or in property of other administrative and territorial unit;

c) the conclusions issued to the third parties, agreements, admissions or permissions concerning expropriated real estate.

Art. 9. - This law becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Appendix

The special procedure of expropriation applicable to works on construction of the main water supply system of Chisinau - Streshen - Kelerash within the "Improvement of Infrastructure of Water Supply in the Central Part of Moldova" project

Chapter I General provisions

1. For the purpose of this procedure the following concepts are used:

the act of expropriation - the order of the Government of the Republic of Moldova in which owners of expropriated real estate are designated its cadastral numbers and the areas, and also category of use of real estate according to applicable provisions of the legislation and which creates the Commission on consideration of counter offers are specified;

The commission on consideration of counter offers - the working group created according to the legislation consisting of three specialists in the field of activity connected with accomplishment of socially useful works which after the analysis of the documents submitted by persons affected in the course of expropriation makes the motivated decision on the amount of compensation established in the offer on expropriation;

Committee on monitoring of social impact - the local, non-governmental and non-political public structure created by bodies of local public authority of the first level which members are inhabitants of the settlements affected by construction works, and created for the purpose of ensuring participation of community in the course of monitoring of impact on state of environment and social impact during accomplishment of construction works in the territory of settlements, and also for the purpose of provision at the local level of support to functioning of the mechanism of permission of claims within the project and assistance to the owners of lands restrained in implementation of the rights in the course of expropriation;

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