Vorbehalte und Erklärungen für Vertrag Nr.009 - Zusatzprotokoll zur Konvention zum Schutze der Menschenrechte und Grundfreiheiten

Art der Erklärung : Erklärungen, Kündigungen, Abweichungen
Datum 15/10/2019


Declaration contained in a letter from the Minister of Foreign Affairs of Estonia, dated 12 April 1996, handed to the Secretary General at the time of deposit of the instrument of ratification, on 16 April 1996 - Or. Engl.

In addition to the reservation to Article 1 of the First Protocol, made in accordance with Article 64 of the Convention, the Republic of Estonia hereby gives a brief summary of the laws mentioned in the reservation.
The Principles of the Property Reform Act provides that the objective of property reform is the restructuring of property relationships to secure proprietary integrity and free enterprise, to remedy the injustices done by violations of the right to property and to provide prerequisites for a switch to a market oriented economy. In the course of property reform, property will be compensated for or returned to the former owners or their legal heirs. Herewith other people's interests which are protected by law must not be violated nor new injustices be caused to them.
In the course of property reform, property unlawfully expropriated during the period of June 16, 1940 to June 1, 1981 by means of nationalisation, collectivisation or expropriation through unlawful repression or other means violating the rights of the owner, will be returned or compensated.
In the course of property reform, the form of ownership will be changed as follows:
1. some of the state-owned property will be municipalised without charge;
2. state-owned or municipally-owned property will be privatised free of charge or for remuneration;
3. property which was transferred free of charge by the state (during the Soviet annexation) to cooperatives, state-cooperatives and communal organisations, will be returned to the Republic of Estonia.
The procedure of restoration and compensation of unlawfully expropriated property is regulated by laws and other legal acts.

The Land Reform Act establishes that land reform is a part of property reform and its objective is to restructure legal relationships based on state-owned land to relationships based on private land, proceeding from the continuity of the rights of the former owners and the interests of the present land-users as protected by law.
In the course of the land reform, land:
1. unlawfully expropriated will be compensated, substituted by or returned to the former owners or their legal heirs;
2. will be given with or without charge into the possession of private-law persons, public-law persons or municipal entities;
3. that is to remain in the state possession will be decided upon;
4. will be transferred for use by private or legal persons by contract or along with the building title.
Land that is not returned, nor substituted, nor left in state possession, nor given to municipal possession under the present law, will be privatised.

The Agricultural Reform Act provides that agricultural reform proceeds from the Principles of the Property Reform Act. In the course of agricultural reform, collectivised property will be returned or compensated for and the collective unit will be reorganised or liquidated. Evaluation of the collectivised property is carried out in accordance with the Act on Evaluation of Collectivised Property. In the course of agricultural reform the transformation of the agricultural sector is principally aimed towards farming and enterprise based on private ownership.

The Privatisation Act provides that the property of state-owned or municipally-owned enterprises, institutions and organisations may be privatised under the conditions and rules set out by law. The Privatisation Agency regulates privatisation of state property and fulfilment of other tasks deriving from the property reform.

The Privatisation Act is not applied to the privatisation of dwelling rooms in the possession of the state or municipalities, nor to non-dwelling rooms located in dwelling houses, nor to the property of cooperatives referred to in the Agricultural Reform Act.

The Dwelling Rooms Privatisation Act provides that natural persons and legal persons will be given the opportunity to acquire the dwelling rooms they are renting, uninhabited dwelling rooms, thus providing for better care and preservation of the dwelling houses.

The Act on Evaluation and Compensation of Unlawfully Expropriated Property defines the foundations and rules, as well as the means and scope of compensation, for determining the price of unlawfully expropriated property dealt with under the property reform.

The Act on Evaluation of Collectivised Property provides the procedure and grounds for determining the price of property as required for the compensation of collectivised property in accordance with Article 14 of the Principles of Property Reform Act which deals with the return and compensation of collectivised property, and Article 9 of the Agricultural Reform Act that deals with loans and other material obligations of the collective economic unit.
In Kraft: 16/04/1996 -
Artikel betroffen : 1

Quelle : Vertragsbüro auf http://conventions.coe.int - * Disclaimer.