Ordinance 192/1st October/1991 of the Council of Ministers

     This document has been made available in electronic 
    format by the International Co-operative Alliance ICA 
                         November 1995

                    ICA Studies and Reports
           Co-operatives in Eastern & Central Europe

               by Professor Dinonysos Mavrogiannis

Annex 4
Ordinance 192 of 1st October 1991 of the Council of Ministers

(as amended and completed in 1993, regarding the conditions and
procedure for returning to co-operatives properties which were
confiscated by the State after 10th September 1944)

Article 1 
1.   Regarding the return of property confiscated by the State
after 10 September 1944, existing reinstated co-operatives and
co-operative unions should apply for the return of such property
within 18 months of the Co-operative Law's coming into effect.
Property rights are certified by notarial acts, and when these
are missing by court decision, balance sheets, protocols and
decisions of co-operative bodies, receipts paid for taxes or
premiums, cadastral plans, act books for State-owned properties
and other written evidence including statements from State-owned
and party bodies which have served as a proof of confiscation and
containing information regarding the individual buildings.

2.   The demand must be addressed to:

i)   The respective Ministry or other organisation when the
property is in hands of State firm or individual trade
association with State-owned property;

ii)  The mayor of the municipality when a municipal firm is the
current owner.

3.   The President of the liquidation council, when the property
is owned by the organisations according to paragraph 12 from the
previous final Decrees regarding Ownership Law and the use of
agricultural land.

4.   All other cases should follow the general procedure: the
demand is addressed to the regional court in the area where the
property is situated.

5.   Within one month of their receipt of the demand, the head
of the respective Ministry, other institutions or the mayor of
the municipality should issue an order for returning the property
or refuse to do so in writing. An appeal against such a refusal
may be made to the supreme court within seven days in the case
of an appeal against the decision of a minister, head of certain
institutions, mayor of the municipality or the President of the
liquidating council. In other cases, the appeal is made to the
regional court responsible according to Article 36 of the Law
governing administrative procedures.

6.   When the bodies defined under clauses 1 and 2 of paragraph
2 do not give an answer within the determined period of time,
this is considered as silent refusal according to Article 22,
paragraph 2 of the Law for administrative procedures, and can be
appealed against under the same law. In the established State
affairs the two-week time limit starts as from the date on which
this Decree comes into force.

7.   The return of co-operative property, real estate and liquid
assets is carried out free of charge, and payment for any assets
which can not be returned is in accordance with their value since
the date on which the Law on Co-operatives became effective.

Article 2 
1.   Where there are properties which were improved with State
funding during their confiscation, such improvements are included
free of charge. In the case of State investments, the
improvements are paid for according to their value since the date
on which the law became effective.

2.   In those cases where the improvements exceed the value of
the property in question, the co-operative can agree to rent it.
When it has been destroyed, or can not be separated or
expropriated, the property is restored as a share in the whole
property or compensation given (land or money) according to the
choice of the co-operative organisation.

3.   When there is no agreement as in the previous paragraphs,
the disputes are solved according to the general procedure for

Article 3 
1.   The payment for property and the improvements may take place
over a period of up to five years, with a possibility for
mortgages to be taken out to cover longer repayment periods.

2.   Return and acceptance of the real estate are certified by
inventory protocol. Based on this, the municipal councils are
dealing in real estate and the co-operatives receive notarial
acts for it without paying taxes.

Article 4
1.   If the dispute is not completely settled, no orders may be
issued for the disputed property on behalf of the co-operative

2.   The order of the Minister, the head of an institution or the
Mayor of the municipality, is executed according to the Law
governing administrative procedures.

3.   The director of the State-owned/municipal/economic
organisation complies with the order, or the court decides within
14 days.

4.   When an order for the return of co-operative property is not
observed, the official employee considered guilty should bear
responsibility according to Article 32 of the Law dealing with
administrative failures and penalties. The Ministers, heads of
institutions and mayors of municipalities issue penalty Decrees
based on acts established by such official employees.

5.   In the case where property is thus retained, the
co-operative or co-operative union  has the right of indemnity
for damage caused or profits missed.