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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 23, 2022 No. 799

About approval of the Regulations on procedure for inventory count of the property transferred or which are subject to transfer to the account of cost shares of property of the former agricultural enterprises

Based on article 8-1 of the Law No. 523/1999 on public property of administrative and territorial units (The official monitor of the Republic of Moldova, 1999, Art. No. 124-125 611), with subsequent changes, Item b) article 5 of the Law No. 136/2017 on the Government (The official monitor of the Republic of Moldova, 2017, No. 252, the Art. 412), with subsequent changes, and Item b) articles II of the Law No. 214/2022 on introduction of amendments to the Law No. 523/1999 on public property of administrative and territorial units (The official monitor of the Republic of Moldova 2022, 486) the Government DECIDES: Art. No. 246-250,

1. Approve Regulations on procedure for inventory count of the property transferred or which is subject to transfer to the account of cost shares of property of the former agricultural enterprises it (is applied).

2. To provide to bodies of local public authority:

1) inventory count of the property transferred or which is subject to transfer to the account of cost shares of property of the former agricultural enterprises;

2) creation of lists of the property transferred or which is subject to transfer to the account of cost shares of property of the former agricultural enterprises, and decision making about their approval.

3. Financing of the expenses necessary for performance of works on inventory count and registration of property to perform within the assignments provided by the law on the annual budget or by the financial means received from other legal sources.

Approved by the Order of the Government of the Republic of Moldova of November 23, 2022 No. 799

Regulations on procedure for inventory count of the property transferred or which is subject to transfer to the account of cost shares of property of the former agricultural enterprises

Chapter I General provisions

1. This Provision establishes procedure for inventory count of the property transferred or which is subject to transfer to the account of cost shares of property of the former agricultural enterprises, creation of documentation necessary for their registration in public registers and is obligatory for the physical persons and legal entities participating in inventory count process.

2. The disagreements arising in the course of inventory count of property are permitted by peaceful manner.

3. If the parties did not reach consensus, disputes are considered in competent court.

Chapter II Creation and activities of the commission on inventory count

4. The commission on inventory count is created according to the order of primar. The following representatives of body of local public authority are its part:

1) primar or, on circumstances, the deputy of primar;

2) specialist in land management;

3) chief accountant;

4) local adviser.

5. The commission on inventory count carries out the following obligations:

Identifies 1) and considers the acts approved by the commission on privatization of property of agricultural enterprises, concerning distribution and provision of cost shares;

2) provides inventory count of the property transferred or which is subject to transfer to the account of cost shares of property of the former agricultural enterprises based on the available documents and materials;

3) building/depreciation determines readiness degree;

4) determines spheres and purpose of property;

5) is constituted by the list of the property transferred or which is subject to transfer to the account of cost shares of property of the former agricultural enterprises:

a) the list of property which becomes property administratively - territorial units;

b) the list of the property which is subject to temporary registration in public registers;

6) designates person responsible for the secretariat from among members of inventory-taking group;

Attracts 7) to ensuring correctness of carrying out inventory count of specialists in the field (for example, the architect, the expert in town planning, the lawyer, etc.) without their mentioning on hand of organization.

6. In case of determination of the sphere to which the property belongs the commission on inventory count considers:

1) the property categories carried according to the law to the public or private sphere;

2) nature and public interest (the property which is unavailable to direct use by the population, but is intended for operation within public services);

3) the prospects of use of real estate according to initial appointment.

Chapter III Inventory count and creation of the list of property

Section 1 Identification of Property

7. In the course of inventory count identification of location of property is determined, its technical characteristics are determined (readiness degree building/depreciation of property) and the contour of buildings is determined.

8. Identification of location of buildings is performed on the basis of the digital linear card belonging to the Agency of land relations and inventory, cartographic and graphical materials, contour maps, the project documentation, other normative and information materials in which property parameters are specified, and for other property - depending on situation on the area.

9. Technical characteristics of property (readiness degree building/depreciation of property) are established according to situation on the area.

10. In the absence of technical capabilities, in the cases relating to buildings, the body of local public authority can address the certified specialists in the field of town planning and architecture for determination of degree of readiness of building/depreciation of the property according to requirements of the Regulations on professional certification of the specialists performing the activities in construction approved by the Order of the Government No. 329/2009.

11. The contour of the building located on the parcel of land is established on external perimeter at ground level.

Section 2 Determination of Degree of Readiness of Buildings

12. For the buildings transferred or which are subject to transfer to the account of cost shares of property of the former agricultural enterprises, the commission on inventory count determines degree of their readiness.

13. Degree of readiness is determined for the purpose of registration of construction in progress in the Real estate register and cannot be used for other purposes.

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