ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 17, 2004 No. 508

About approval of Provisional regulations for inventory count of leasable agricultural property

According to Item b provisions) parts (2) article 29 of the Law on lease in agricultural industry N 198-XV of May 15, 2003. (The official monitor of the Republic of Moldova, 2003, N 163-166, Art. 650) and for the purpose of establishment of inventory method of leasable agricultural property DECIDES: the Government

1. Approve Provisional regulations for inventory count of leasable agricultural property it (is applied).

2. To provide to the Ministry of Agriculture and the food industry till May 20, 2004 briefing of representatives of local public authority concerning inventory count of leasable agricultural property.

3. Assign to chairmen of areas coordination of activities of the local commissions on inventory count of leasable agricultural property and consideration of correctness of accomplishment of obligations by them.

4. To impose control over the implementation of this resolution on the deputy prime minister, the Minister of Agriculture and the food industry Mr. Dmitry Todoroglo.

Approved by the Order of the Government No. 508 of May 17, 2004

Provisional regulations for inventory count of leasable agricultural property

I. General provisions

1. The provisional regulations for inventory count of leasable agricultural property (further - provision) are developed based on provisions of article 29 of the Law on lease in agricultural industry N 198-XV of May 15, 2003 and the Law on the financial accounting N 426-XIII of April 4, 1995.

2. The purpose of this provision is establishment of method of inventory count, for determination of the real condition, the agricultural property which became private property as a result of reorganization of the former agrofarms and leased.

3. Object of inventory count according to this provision is the leasable agricultural property, irrespective of lease agreement availability, except for the animals used in production process, long-term plantings and current assets.

4. Leasable agricultural property the agricultural property received on the property right by legal owners of cost share of property as a result of privatization of collective agricultural enterprises and the leased (use) to new agricultural forming is considered.

5. For the purpose of implementation of inventory count of agricultural property in primeriya the order of primar of the village (commune) creates the commissions on inventory count (appendix N 1) which are methodically prepared by the Ministry of Agriculture and the food industry.

6. The main objectives of the commission on inventory count are:

a) establishment of the actual availability of agricultural property which is object of inventory count in nature and in value term for each lessee (user);

b) determination of integrity of fixed assets (the machines, the equipment and devices intended for accomplishment of agricultural works, structures) by comparison of the actual availability to data of tenders of distribution and provision in nature of the property received as a result of privatization, creation of the sheet of these objects in natural and value term with relevant proposals;

c) determination and creation of the sheet of the agricultural property in natural and monetary value included by the time of privatization in property shares of owners which is absent (it was written off, sold, transferred directly to owners, etc.);

d) identification, check and creation of the list of owners of the agricultural property leased or transferred to use to each lessee or the user;

e) calculation of cost share of property of each owner in value term and percentage of the total actual cost determined in the course of inventory count according to structure of the fixed assets leased or being in use;

f) representation to council of the local public government of all materials listed in Items a) - e), for consideration and approval;

g) posting in available places for a period of one month of lists of owners of agricultural property, with indication of cost share of property in lei and percent on each group of agricultural property;

h) consideration and the analysis of the reasoned initiatives of the owners included in the constituted lists, and their refining, if necessary, within two months after approval of lists by council of the local public government;

i) creation of sheets of the inventoried agricultural property which is not leased or use, and introduction of offers on its future reference.

7. The commission chairman on inventory count develops the specific action plan which timely is brought to the attention of lessees (users).

8. For the purpose of coordination of process of inventory count and consideration, in case of need, of results of inventory count of agricultural property at the district level the decision of the chairman of the area creates the similar district commissions.

9. District commission:

a) will organize training of members of the local commissions of the high-quality organization of inventory count and carrying out inventory count;

b) performs control checks of correctness of carrying out inventory count by the local commissions;

c) considers the addresses arriving from the local commissions, their members and from owners of cost share of property;

d) requests and considers written explanations of persons in which are found shortcoming or damages of property, fraud, and also other violations, and sends to the interested bodies of the offer on procedure for elimination of the revealed shortcomings and compensation of the damage caused as a result of spoil of property.

10. In case of transfer of agricultural property to collective use inventory count is carried out with obligatory participation of the lessee.

11. The provision extends to all economic agents, irrespective of form of business (lessees and owners (users) of the agricultural property received as a result of privatization and reorganization of agrofarms).

12. The provision includes the following Sections:

a) accumulating and information analysis in the course of inventory count of agricultural property;

b) assessment of leasable agricultural property and recalculation of the cost shares of property which are in sosobstvennost;

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