ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of March 5, 1992 No. 144

About procedure for permission of land disputes

According to the resolution of the Supreme Council of SSR Moldova of February 15, 1991 N 510-XII "About the concept of agrarian reform and social and economic development of the village", resolutions of Parliament of the Republic of Moldova of February 12, 1992 N 931-XII "About borders of land ownership" and the Land code of the Republic of Moldova, the Government of the Republic of Moldova decides:

1. Approve the enclosed Regulations on procedure for permission of land disputes.

2. To district executive committees, primeriya of the city of republican subordination, the Ministry of Agriculture and Food of the Republic of Moldova, the State committee of the Republic of Moldova concerning economic reform:

consider all land disputes till November 1, 1992 and provide to the Government of the Republic of Moldova offers on their legal permission and settlement of borders between settlements, with cancellation of separate decisions on change of borders of land ownership;

in 2-month time to develop economic cases of further use of farmlands in intereconomic complexes on livestock production, the intereconomic companies for production of fruits and to provide to the Government of the Republic of Moldova relevant proposals.

Lands intereconomic the companies for production of fruits and the intereconomic companies for livestock production remain in state-owned property till 2001.

The earth of the kolkhozes which kept functions of the intereconomic companies for livestock production which were transferred to them from adjacent agricultural enterprises remain in their use till 2001.

All intereconomic companies pay the land tax to those land users from whom lands were withdrawn.

In case of determination of the land site equivalent this site joins in the total area of that economy from which the same site was withdrawn earlier.

3. To the state committee of the Republic of Moldova concerning economic reform, to the Ministry of Agriculture and Food of the Republic of Moldova and the Ministry of Justice of the Republic of Moldova to submit within 2 weeks term to the Government of the Republic of Moldova offers on entering of corresponding changes into the Land code of the Republic of Moldova.

Approved by the order of the Government of the Republic of Moldova N 144 of March 5, 1992.

Regulations on procedure for permission of land disputes

1. Land disputes are resolved according to the Land code, other legal acts of the Republic of Moldova and this Provision.

2. The beginning of land dispute is the address of rural primeriya, district executive committee, city primeriya (further - the claimant), together with agricultural enterprises and other interested organizations to local government bodies (defendant) under which authority disputable land grounds, with the claim for return of these grounds are.

In the claim the claimant and the owner of disputable grounds are specified; the circumstances proving this claim; claims of the claimant with indication of the location of the parcel of land and its area.

In the claim both other factors and reasons can be specified.

The documents and other acts confirming the right to the parcel of land are attached to the claim; the conclusions of competent authorities concerning this dispute (departments of agrarian reform of local government bodies, State department of the Republic of Moldova of agrarian reform).

The claim is signed without fail by the head of municipality of domicile.

3. The defendant reviews the made complaint and in 15-day time gives the motivated answer in writing.

The answer shall contain name of the claimant; the reasoned consent (or not consent) with requirements (fully or partially); offers on procedure for return of lands if the requirement will be met (taking into account availability in the territory of structures, long-term plantings, etc.).

In case of refusal in return of lands to the answer to the claimant the documents and other acts confirming its right to disputable grounds are attached.

4. In need of the party can form on a parity basis the working group on regulation of the disagreements connected with transfer of land grounds from maintaining one party in maintaining another.

5. In case of affirmative answer on the claim (the consent of the defendant to transfer of disputable land grounds) the claimant sends the claim, affirmative answer and other required materials to district executive committee (city primeriya) for consideration.

6. The district executive committee (city primeriya) within 15 days considers the agreement of the parties on transfer of land grounds from one maintaining in another and represents to the State committee of the Republic of Moldova concerning economic reform for consideration of the offer on borders.

The state committee of the Republic of Moldova concerning economic reform considers together with the Ministry of Agriculture and Food of the Republic of Moldova within 10-day term the submitted materials about transfer of lands from one maintaining in another, prepares the draft of the resolution and represents it to the Government of the Republic of Moldova.

According to the decision of the Government of the Republic of Moldova acts on right to use by the earth are updated.

7. In case of refusal the defendant to accept claims of the claimant or delay of the answer the claimant has the right to file the corresponding petition in district executive committee (city primeriya) which in 15-day time consider land dispute and make the offer in the State committee of the Republic of Moldova on economic reform.

The state committee of the Republic of Moldova concerning economic reform together with the Ministry of Agriculture and Food of the Republic of Moldova considers within 10-day term the submitted materials on land dispute, prepares the draft of the resolution and represents it to the Government of the Republic of Moldova.

8. The land dispute concerning the parcels of land which are under authority of two or more administrative areas after consideration by the relevant district executive committee (city primeriya) in the place of their arrangement with participation of the interested local government bodies is represented to the State committee of the Republic of Moldova concerning economic reform for consideration.

The state committee of the Republic of Moldova concerning economic reform together with the Ministry of Agriculture and Food of the Republic of Moldova considers materials on land disputes, prepares the draft of the resolution and represents it to the Government of the Republic of Moldova.

9. In case of change of borders transfer of the parcels of land from one owner to another is made along with transfer of constructions and constructions on them, and also long-term plantings.

The procedure and features of further use of structures and long-term plantings are established by agreement of the parties.

If the parties did not reach consent, the receivership proceeding connected with land relations is allowed by arbitration according to Article 92 of the Land code of the Republic of Moldova.

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