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regarding the application of Law no. 112/1995 for the regulation of the legal situation of some
buildings with the destination of dwellings, passed on state property, established by the
Government Decision no. 20/1996, republished, establishes that the owner of the construction
has the right to acquire the property of the land related to it too and to request, in case of
refusal, on the path of legal action, the obligation to conclude the sale-purchase contract ”.
- as a result of the actions taken by the People's Advocate Institution in a case concerning
the re-establishment of the ownership right over some forest lands that fall under Law no.
395/2017, was found that all the surface of forest land requested to be returned must be passed
from the public domain to the state's private domain, through a government decision, which
led to the blocking of the process of restoring the ownership of forest land at national level.
Following the investigations, it was concluded that the current legal framework does
not provide for the notion of forest land in the state's private domain, this regime being
unregulated. In this sense, in order to unlock the process of restitution of the property right
for the forest lands, in applying the Constitutional Court Decision no. 395/2017, it is necessary
to complete and modify the existing legislative framework, as follows:
1. Law no. 165/2013, as subsequently amended and supplemented:
- paragraph (5) of Art. 6 shall be completed and shall have the following content:
"(5) At the proposal of the county commission of land fund or, as the case may be, of the Land
Fund Commission of the Municipality of Bucharest, the Ministry of Agriculture and Rural
Development and the National Authority for the Restitution of Properties shall initiate the
necessary legal procedures in order to change the legal regime of the agricultural lands which
are the object of the centralizing situation, which are in the public property of the state, and
to pass them, according to the law, in the private property of the state in order to be affected
by the restitution in kind. Under the same conditions, the Ministry of Environment, Waters
and Forests and the National Authority for the Restitution of Properties shall initiate the legal
procedures for passing the forest lands from the public domain of the state into its private
domain. "
2. Law no. 46/2008 regarding the Forestry Code, with the subsequent amendments and
completions:
a) In Art. 7, para. (1), after letter d) the letter is inserted. e), which will have the following
content:
"e) forest fund in the private state property, which was passed, under the conditions of the
law, from the public property of the state to its private property, in order to restore the
property right."
b) paragraph (1) of Art. 11 shall be completed and shall have the following content:
"(1) The forestry fund from the public property and private property of the state is
administered by the National Forest Administration - Romsilva, autonomous state enterprise
of national interest, under the authority of the state, through the central public authority
responsible for forestry, the Institute of Forestry Research and Management, which is
reorganized in the National Institute for Research and Development in Forestry "Marin
Drăcea" and by the Autonomous State Enterprise "Administration of the State Protocol
Patrimony", through its own forest service established according to the law. "
PEOPLE’S ADVOCATE
ANNUAL REPORT 2019
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