LAW OF THE REPUBLIC OF MOLDOVA

of November 9, 2023 No. 323

About voluntary conveyance of housing in the apartment apartment house, at the address: mun. Chisinau, st. Alba Iulia, 91/3, intended for participants of recovery from the accident on the Chernobyl nuclear power plant

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject of the law and sphere of its application

Subject of this law is voluntary conveyance in private property of housing in the apartment apartment house which is public property of the state, being under authority of the Ministry of Labour and Social Protection at the address: mun. Chisinau, st. Alba Iulia, 91/3, consisting of two real estate objects with cadastral numbers 0100510.322.01 and respectively 0100510.322. 02, to participants of recovery from the accident on the Chernobyl nuclear power plant (further - the Chernobyl NPP).

Article 2. Law purpose

The purpose of this law is creation of the regulatory base for voluntary conveyance in private property of 80 units of housing in the form of apartments to participants of recovery from the accident on the Chernobyl NPP.

Article 3. Basic concepts

For the purposes of this law the following concept is used:

participants of recovery from the accident on the Chernobyl NPP - persons (temporarily directed or sent) who were taking part in recovery from the accident in exclusion zone or other works on the Chernobyl NPP and also the military personnel, employees of law-enforcement bodies, persons liable for call-up called on the special charges serving in corresponding the period in Armed forces, troops and bodies of Committee for State Security, internal and railway troops, other forming and which were involved in performance of works on recovery from the accident in exclusion zone or other works on the Chernobyl NPP.

Chapter II Distribution of housing

Article 4. Transfer of housing

(1) In departure from provisions of the Law on differentiation of public property No. 29/2018 the apartment apartment house, at the address: mun. Chisinau, st. Alba Iulia, 91/3, is transferred from the public sphere to the private sphere of the state.

(2) In departure from provisions of articles 9 and 10 of the Law on housing No. 75/2015 and part (2) article 6 of the Law on differentiation of public property No. 29/2018 housing in the apartment apartment house, at the address is transferred from the private sphere of the state to private property to participants of recovery from the accident on the Chernobyl NPP: mun. Chisinau, st. Alba Iulia, 91/3.

Article 5. Conditions of provision of housing

(1) For receipt of housing the applicant shall conform to the following requirements in total:

a) is citizen of the Republic of Moldova;

b) has the certificate of the participant of recovery from the accident on the Chernobyl NPP issued by military administrative authority;

c) has no in private or joint property in the territory of the Republic of Moldova or beyond its limits of housing, site under construction or houses built in garden and gardening partnership;

d) in case of acquisition or construction of housing did not receive privileges and/or benefits from the state, bodies of the central or local public authority or through the projects realized by the state according to the legislation;

e) did not alienate or did not grant housing which was available for it in private or common joint property, received after 1986;

f) did not take part in the privatization of housing, sites under construction, cooperative housing received earlier from the state.

(2) Applicants submit the application and document package approved in the procedure established by the Government to the Commission on transfer of housing.

(3) If to the requirements provided in part (1), there correspond in total several applicants, the privilege is granted to persons:

a) with the limited opportunities which appeared as a result of recovery from the accident on the Chernobyl NPP;

b) looking after children or adults (relatives of the first degree of relationship) with heavy restrictions of opportunities;

c) living in the social housing which is not conforming to the sanitary requirements determined by existing rules that is confirmed by the technical report issued by authorized public body;

d) having in public housing stock on each family member living space there is less established minimum regulation.

(4) in accordance with the terms of this law person whose spouse (spouse) has in private or joint property in the village or the commune housing, irrespective of its area, inherited has the Right to housing, in gift or before marriage.

(5) in case of the death of the person who was taking part in recovery from the accident on the Chernobyl NPP, staying together with family on the registry in bodies of local public authority for the purpose of provision of housing according to the legislation, members of his family have the right to housing in accordance with the terms, provided in parts (1) and (2).

(6) for the purposes of this Article family members the spouse (spouse), not entered repeated scrap, and children before achievement of age of 18 years are recognized and if they study full-time in educational institution, - before the termination of the relevant organization, but not later than before achievement of age of 23 years.

Article 6. Commission on transfer of housing

(1) Housing in the apartment apartment house, at the address: mun. Chisinau, st. Alba Iulia, 91/3, is distributed between participants of recovery from the accident on the Chernobyl NPP by the Commission on the transfer of housing (further - the Commission on transfer) founded in the procedure established by the Government.

(2) the Commission on transfer performs the following main functions:

a) consideration and check of the document package provided by applicants;

b) selection of receivers in accordance with the terms, provided by this law, irrespective of age, sex, language, religious beliefs, ethnic origin or social origin;

c) permission of the disagreements connected with process of consideration of the applications;

d) creation of the list of final receivers;

e) ensuring objectivity, justice and transparency of process of transfer.

Article 7. Structure of the Commission on transfer

(1) the Commission on transfer is created in the following structure:

a) three representatives of the Ministry of Labour and Social Protection;

b) one representative of the Ministry of Finance;

c) one representative of the State office;

d) one representative of the Ministry of infrastructure and regional development;

e) one representative of the Ministry of Defence;

f) one representative of the Agency of public property;

g) one representative of Service of information and safety;

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