32 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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