A group of inhabitants from Obreja Veche village Făleşti region was reinstated in rights due to intervention of Parliamentary advocate Anatolie Munteanu
The CHPM Representative Office in Bălţi received a collective petition from the inhabitants of Obreja Veche village (83 persons),in which the signatories expressed their disagreement with the decision of deliberative body by which they have been deprived of land lot (former village store) because it has been awarded in rent to another person for a sheepfold.
During the carried out review it was found that, by decision of the Obreja Veche village Council "On examining of applications from citizens of the village» from 20.06.2012, it was decided to assign in rent the farmland to citizen M.C., a land plot around 0.60 of former warehouse in the village. Thereafter the village Hall of Obreja Veche signed a rent contract for this land with mentioned person, registered in the Registry of village Hall on 23.07.2012 under number 602.
It was also found that the nominated property was assigned in temporary use contrary to the provisions of national legislation, since it was not organized the tender. This considering that in aligns. 5 of Article 77 of the Law on Local Public Administration nr.436 of 28.12.2006 is stipulated that "alienation, concession, rent or rental of property goods in the administrative unit shall be made by public tender." Also is noted that p.11 and 12 of Regulation stipulates in details whole procedure of tender application to obtain the right on renting a land plot that is in a property of a administrative unit, procedure that was not organized by the local public authority.
Moreover, Article 1 of the Law on Normative Price and the morality on sale-purchase of land » Nr.1308 from 25.07.1997 provides that "land renting is done through contest or public auction”
Also align.2 Article 8 of the Law on Local Public Administration stipulates that "local issues that concern some inhabitants of the territory administrative unit can be organized with this part, various forms of consultations, public hearings and discussions, in conditions of law, and draft decisions of the local council shall be consulted in public in accordance with the law".
Therefore, it was found that local public authority, through its decision has damaged the interests of a group of local citizens admitting many deviations from the Constitution norms (align.1 art.39; align.1 art.53; align.1 art.109).
Taking into account those circumstances the Parliamentary advocate sent a notice to local public authority requesting annulment of Obreja Veche village Council decision on renting the mentioned farmland to citizen M.C., and cancellation of rent contract signed between village hall and concerned person. Since Obreja Veche village hall did not submit any response to the Parliamentary advocate, Anatolie Munteanu sued the concerned local public authority.
After examination of the summons application FăleştiDistrict Court decided to annul the decision of Obreja Veche village Council. Meanwhile, on the date of the decision pronouncement in the concerned case, the village Councilhas canceled by its own initiative the decision and terminated the rent contract.