The law, how to privatize or exchange state property with private ones

2024-06-21 07:21:00, Aktualitet CNA

The law, how to privatize or exchange state property with private ones

Illustrative photo, taken from Google

The government will be able to transfer state property to private through various forms of privatization, alienation, exchange or sale by auction.

The changes that the government has made in the law "On the privatization and giving to the use of commercial companies and state institutions of enterprises or special facilities, the main assets and means of turnover of these enterprises" are expected to start implementation at the beginning of July.

This law, already published in the Official Gazette, sanctions changes in Article 1 mainly related to the practice that can be followed for the transfer of a state property to a private person.

"The transfer of state property to private property is done through various forms of privatization, such as: sale by auction, or alienation, according to the legal actions of transfer of ownership of real estate, defined in the Civil Code of the Republic of Albania, except for the form of transfer of ownership through the donation contract, in accordance with the legislation in force.

State property can be exchanged for private property by ministries, other central institutions, depending on the Prime Minister and ministries, local self-government bodies that own or use state property, as well as state enterprises or commercial companies.

The criteria for the evaluation of properties that are privatized or exchanged, as well as the procedures and forms of privatization, the ways of exchanging state property, as well as exceptional cases are determined by the decision of the Council of Ministers", it is stated in point 2 of article 1 according to the amendment.

Now the responsibility for the properties, going in line with the reformation of the ministries that happened at the beginning of the year, has passed to the ministry responsible for the economy, since earlier Finance and Economy were together.

The changes provide that it is the Council of Ministers that determines with a special decision the time, procedures and conditions for the transfer of state property to the private person according to the agreed form.

"The Council of Ministers determines by decision the procedures, time, ways and guarantees that the ministry responsible for the economy foresees in the contract for the sale of state property, including the cases provided for in the relevant legislation for the leasing or privatization of state property for tourism or purposes of others" the decision states.

In cases where the properties have buildings as an integral part and the development plans provide for the release of the land, the law stipulates that the cost of demolition and removal of waste is borne by the developer.

"When the state property that contains objects or buildings lies in the footprint of the projects for which the development permit has been approved in accordance with the legislation on planning and development of the territory, the existing objects and buildings located on this property are demolished in function of the development of the project in compliance with the procedures provided for in the legislation for planning and development of the territory.

Demolition costs, as well as the accounting value of these facilities or buildings, are borne by the project developer. The determination of the accounting value according to this article is done by an accounting expert/s appointed for this purpose by the minister responsible for the economy" is stated in article 5/1 of the law./ Monitor