ࡱ> 8:7M bjbj=="(WWl```ttttt t 0 2 2 2 2 2 2 1 Q\2 `2 G |8`0 0 O H`  @Ůb-tt/@  ] 0 ,o tt WG Immovable Property (Private and Communal) Works in Progress Examples from Communities part I The Case of the Czech Republic Marta Mal Director of the Foundation for Holocaust Victims After 1989, the Czech Republic adopted approximately 10 so-called restitution and compensation laws whose aim was to at least partially alleviate injustices concerning property, which were caused by totalitarian regimes. Since 1990, the Ministry of Finance of the Czech Republic has registered up to 90,000 restitution applications. The deadline for submitting an application depended on the given law. The last possibility for filing an application expired on 30 June 2001 within the scope of Act 212/2000 of the Collection of Laws (Coll.), concerning agricultural property. The Ministry of Finance provided applicants with financial compensation in a total amount of approximately four billion CZK. Around 12,000 15,000 people were compensated, of which about 2,500 were people who were compensated for Jewish property in the amount of approximately 700 million CZK (according to a valuation by long-term workers at the department for Paperwork Dealing with Compensation, Restitution and Damages). The Podkarpatsk Rus (Carpathian Ruthenia) civic association initiated the creation of a new law, which was approved by the Parliament of the Czech Republic in June 2009. At present this law is waiting to be signed by the Czech President and it will be the basis for compensating citizens of the Czech Republic, whose property remained in the former Carpathian Ruthenia as a result of the cession of the territory to the Soviet Union after the Second World War. At the same time, the association is also striving to have the citizenship proviso abolished. Foundation for Holocaust Victims The Foundation for Holocaust Victims was established in 2000 by the Federation of Jewish Communities in the Czech Republic. The Foundation was created on the basis of a recommendation of the Joint Work Committee on Property Injustices to Holocaust Victims. The Committee worked under the leadership of the then Deputy Prime Minister Dr. Pavel Rychetsk in the years 1998 2002. It was composed of representatives of the Czech state and the Jewish community, and it devoted itself to studying the history of Nazi persecution of the Jewish population, particularly the Aryanisation of property on what is today the territory of the Czech Republic. At the instigation of the Committee, the Czech parliament also adopted Act No. 212/2000 Coll., on the mitigation of certain property injustices caused by the Holocaust, on 20 June 2000. For this purpose, on the basis of a proposal by the government, the Czech parliaments Chamber of Deputies decided on 15 September 2000 to transfer 300 million CZK for the benefit of the Foundation. The Foundation soon went to work on its biggest task. It announced a programme for the Compensation of Natural Persons for the Purpose of Mitigating Certain Property Injustices Caused to Victims of the Holocaust. The programme was implemented in the years 20012005. The funds were intended for people who had real estate seized as a result of racial persecution during the occupation of the territory that is now the Czech Republic and for whom valid restitution regulations or an international agreement do not afford them the possibility of having this property returned or of obtaining other forms of compensation. The government of the Czech Republic did not exclusively limit the regulations to Czech citizens, as was the case with restitutions. The original owners, their surviving spouse or direct descendants could apply for compensation. By the time the programme concluded on 31 December 2001, the Foundation received a total of 1256 applications from 27 countries around the world. In view of the fact that a large portion of applicants did not fulfil the programme criteria or were not included in the group of entitled persons or could not support their claims with certain documents, the Foundations board of administration asked the Czech government in 2003 to extend the group of entitled persons and to relax the required conditions regarding the submission of documents. By way of Resolution No. 409/2003, the government relaxed the conditions for providing required documents, but it refused to extend the group of applicants. In May 2003, the sum of 100 million CZK was divided among 516 applications that fulfilled the given criteria defined by the Czech government. In some cases the board of administration cancelled a foundation contribution because the recipients had the real estate in question returned to them in restitution proceedings or they received financial compensation from the funds of the Czech Ministry of Finance. Foundation contributions were calculated on the basis of a valuation of the individual real estate properties as of the year of their seizure in proportion to 100 million CZK. The valuation of real estate was carried out by a specialist institution appointed by the Czech Ministry of Justice. The minimum foundation contribution had a value of 26,800 CZK (1030 EUR) and the maximum contribution was 2,500,000 CZK (96,150 EUR). The Foundation provided compensation for houses, villas, blocks of apartments and spa buildings, farms, factories and other properties. The Foundation cooperated closely with the Czech Ministry of Foreign Affairs, which distributed and provided information on the announcement of the programme via its embassies. The Czech Ministry of Finance checked the received applications from the point of view of their possible settlement within the framework of international compensation agreements and financial compensation provided by the Czech Republic. The Czech Office for Surveying, Mapping and Cadastre helped to quickly retrieve hundreds of items of data from land registries. The Czech-German Fund for the Future provided basic expertise for creation of an application form and a database of applications. A major contribution was also made by the active membership of Rabbi Andrew Baker, Director International Jewish Affairs - The American Jewish Committee on the Foundations board of administrations, as well as by representatives of the state administration. The Compensation programme was supported exclusively from the resources of the Czech state. It was the first initiative of its kind in the countries of Central and Eastern Europe. Thanks to excellent cooperation with state authorities, the Foundation managed to implement the Compensation programme very rapidly. Some of the original owners of the Aryanised real estate also lived to receive compensation. Formulated in cooperation with Dagmar Tyerov from the Czech Ministry of Finance  ; BF\]^`a̽sf`PK;;6CJOJQJ]aJnHtHmH sH 6CJOJQJ]^JmH sH  6CJ]CJOJQJ^JmH sH 5OJQJ\^JmH sH OJQJ^JmH sH OJQJmH sH OJQJaJmH sH OJPJQJmH sH "5OJQJ\aJmH nHsH tHOJQJaJmH nHsH tHCJOJQJ^JmH sH 5CJOJQJ\^JmH sH B* mH phsH jB* UmH phsH B  ; < EF*V!^`a$a$*$[$\$$xa$ $dhxa$*$ 1h. 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