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LAW OF THE REPUBLIC OF MOLDOVA

of July 16, 1999 No. 523-XIV

About public property of administrative and territorial units

(as amended on 21-07-2022)

The parliament adopts this organic law.

This law governs the relations connected with origin, realization and protection of the right of public property of administrative and territorial units.

Chapter I General provisions

Article 1. Right of public property of administrative and territorial units

(1) the Public property of administrative and territorial units is one of forms of public property.

(2) the Public property of administrative and territorial units is constituted by the property belonging to the corresponding administrative and territorial units: to the village, commune, city, municipium, area, autonomous territorial education Gagauzia.

(3) the Property of administrative and territorial units consists of property of public ownership and property of private ownership.

(4) the Property of public ownership represents set of the personal and real estate intended for satisfaction of common interests of local community of administrative and territorial unit.

(5) the Property of private ownership represents set of the personal and real estate which is in public property of administrative and territorial unit with strictly certain appointment, other than satisfaction of common interests.

(6) Public property of administrative and territorial units all personal and real estate which was in their territory before entry into force of the Law on the administrative-territorial device of the Republic of Moldova which except for was in property of the state and private property is recognized. This property can be transferred to administrative and territorial units to the public possession according to this law.

(7) the Right of public property of administrative and territorial units arises also on all income types and property, received by the subject of this right according to the legislation, including the Law on local public finance.

Article 2. Receipt of the right of public property of administrative and territorial units

The right of public property of administrative and territorial units can be acquired:

a) in the natural way;

b) by implementation of public purchases according to the law;

c) by transfer to public property of administrative and territorial unit of public property of the state or transfers of public property of one administrative and territorial unit to public property another;

d) by expropriation for local public needs;

e) based on the decision of degree of jurisdiction;

f) through donation, including according to the will, council of administrative and territorial unit;

g) by receipt of the income and property according to the law;

h) owing to disclaimer of property on real estate units in the procedure established by the current legislation;

i) as a result of implementation of projects of public and private partnership.

Article 3. Objects of the right of public property of administrative and territorial units

Objects of the right of public property of administrative and territorial units are:

a) property of local state-financed enterprises and organizations of socially cultural appointment: educational institutions, healthcare institutions, culture (including scientific and technical, technological and other information) with public pattern of ownership;

b) property of the local companies with public pattern of ownership, and also the established share in the authorized capital of the companies with the mixed and joint patterns of ownership belonging to the subjects of entrepreneurship acting in industries, agricultural industry, construction, transport, procurements, trade, public and consumer services and others;

c) property of local authorities of the public power and administrations of administrative and territorial units, the lands intended for requirements satisfaction of administrative and territorial units, means of budgets of administrative and territorial units (including special means and funds), securities, housing stock (except individual, cooperative, public organizations and hostels), the objects of engineering infrastructure and other objects which are in the corresponding territory, except as specified, stipulated by the legislation, the property necessary for economic and social development of administrative and territorial unit and accomplishment by bodies of local public authority of the tasks facing them according to the legislation on local public authority.

Article 4. Persons of law of public property of administrative and territorial units

(1) Persons of law of public property of administrative and territorial units are the bodies of public management of the village, commune, city, municipium, the area, autonomous territorial education Gagauzia performing this right on behalf of local community of administrative and territorial unit.

(2) Persons of law of public property of administrative and territorial units can give legal entities and physical persons right to use objects of public property of administrative and territorial units according to the current legislation.

Article 5. Privatization of property of administrative and territorial units

The property which is belonging by right to administrative and territorial units, and also subject to transfer by it in public property according to this law, included in the Privatization program is privatized according to the law.

Article 6. Responsibility of persons of law of public property of administrative and territorial units

Persons of law of public property of administrative and territorial units bear the responsibility according to the property obligations established by the current legislation.

Article 7. Legislation on public property of administrative and territorial units

Bodies of local public authority perform the right of public property of administrative and territorial units based on the acts issued according to the Constitution, the Law on property, this law, other laws and regulations.

Chapter II of the Basis of emergence of the right of public property of administrative and territorial units

Article 8. Cession of property

(1) the List of the property transferred to the public possession of administrative and territorial units is established upon the demand of bodies of local public authority by the relevant central industry organs.

(2) the Cession of property from public property of the state in public property of administrative territorial unit is performed by the order of the Government with the consent of the relevant local council.

(3) the Cession of property from public property of administrative and territorial unit in public property of the state is performed on government proposal by the resolution of local council.

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