LAW OF THE REPUBLIC OF MOLDOVA

of July 12, 2013 No. 204

About modification and amendments in the Law on management of public property and its privatization of May 4, 2007 No. 121-XVI

The Parliament adopts this organic law.

Art. I. - In the Law on management of public property and its privatization No. 121-XVI of May 4, 2007 (Official monitor of the Republic of Moldova, 2007, No. 9093, of the Art. 401), with subsequent changes, to make the following changes and additions:

1. In part (Article 1 of the word "in the off-budget sector of national economy" to exclude 1).

2. In Article 2:

after the concept "public property" to add Article with the following concepts:

"property of the public sphere of the state - set of the personal and real estate intended for satisfaction of common interests of the state;

property of the private sphere of the state - set of the personal and real estate which is in state-owned property having strictly certain appointment, other than satisfaction of common interests;";

exclude the concept "off-budget sector of national economy".

3. In part (1) Article 6:

Item a) to state in the following edition:

"a) adoption of resolutions on reference of objects of state-owned property to the public or private sphere of the state, about their transfer from one sphere in another or in property of administrative and territorial units;";

add part with the Item a 1) of the following content:

"a 1) adoption of resolutions on transfer of the state companies and real estate units, being in public property of the state, from maintaining one body of the central public management in maintaining other body of the central public management;";

Item e) to state in the following edition:

"e) adoption of resolutions on creation, restructuring, reorganization or liquidation of the state companies, about their transfer to maintaining bodies of the central public management, and also implementation of function of supervision of activities of the relevant companies;";

add part with the Item e 1) of the following content:

"e 1) adoption of resolutions on creation of commercial societies with fully or partially state capital, and also about initiation of restructuring, reorganization or liquidation of commercial societies with completely or mainly state capital;".

4. In Article 7:

in part (3):

in Item a) shall be replaced with words the words "according to the organic law;" "according to the legislation;";

add part with the Items f 1) and f 2) of the following content:

"f 1) management of the lands of public property of the state adjacent to the real estate units which are in private property including delivery for rent / lease;

f 2) decision making about acceptance in management of objects of state-owned property from economic maintaining the commercial societies created in the course of privatization;";

in part (4):

Item d) to state in the following edition:

"d) participation in process of privatization of lands of the private sphere of the state and conclusion of purchase and sale agreements of these lands;";

in Item h) words "restructurings and privatizations" shall be replaced with words "restructurings/liquidations or privatizations".

5. In Article 8:

in part (1):

in Item b) "law" to replace the word with the word "legislation";

Item e) to state in the following edition:

"e) providing, on the basis of the order of the Government, creation, restructuring, reorganization or liquidation of the state companies, commercial societies with fully or partially state capital within the law and execution of functions of the founder (cofounder) in management process of them;";

add part with the Item e 1) of the following content:

"e 1) transfer, with the consent of the interested body of the central public management, objects of public property of the state except for transferred according to the part Item a 1) (1) Articles 6, from maintaining one body of the central public management in maintaining other body of the central public management;";

Item g) after the words "in the corresponding industries" to add with the words "including approval of alienation, delivery in pledge or write-offs of assets";

add part with the Item g 1) of the following content:

"g 1) management of the lands of public property of the state adjacent to the subordinated real estate units which are in state-owned property including delivery for rent / lease;";

part (to add 2) with the Item b 1) of the following content:

"b 1) development of specifications;".

6. In Article 9:

in part (2):

in Item b) to replace the word "broadcast" with the word "transfer";

in Item e) words "municipal holdings," to exclude;

in Item g) to exclude the words "and municipal services";

in Item and) parts (the words "and municipal services" to exclude 3).

7. In Article 10:

part (to add 1) with words ", the cases except for provided by the law.";

add Article with part (9) the following content:

"(9) establishment of usufruct concerning objects of state-owned property, and also concerning property of commercial societies with completely or mainly state capital is not allowed.".

8. Add the law with Article of 101 following contents:

"Article 101. Inventory count and differentiation of objects of public property

(1) Organa of the central and local public authority perform inventory count of objects of public property and based on inventory sheets provide their differentiation both on accessory (state/local), and on spheres (public/private) according to the procedure and the terms established by the Government.

(2) Lists of the real estate units which are in public property of the state or administrative and territorial units are constituted based on inventory sheets.

(3) the Lists of the real estate units which are in public property of the state, approved with bodies of local public authority of the first and second levels in which subordinated territory these objects are located, and approved by the order of the Government form the basis for primary registration of the corresponding objects in the real estate register.

(4) the Lists of the real estate units which are public property of administrative and territorial units and being under authority of bodies of local public authority of the first level, approved with bodies of local public authority of the second level and with the interested bodies of the central public management, approved by the decision of the relevant councils of the first level form the basis for primary registration of the corresponding objects in the real estate register.

(5) the Lists of the real estate units which are public property of administrative and territorial units and being under authority of bodies of local public authority of the second level, approved with bodies of local public authority of the first level and with the interested bodies of the central public management, approved by the decision of the relevant councils of the second level form the basis for primary registration of the corresponding objects in the real estate register.

(6) Differentiation of the real estate units which are public property comes to the end with registration of the rights and spheres in the real estate register.

(7) Differentiation of lands of public property of the state and administrativnoterritorialny units is performed according to the procedure, the established Law on the lands which are in public property, and their differentiation.".

9. In Article 12:

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