Saturday, 21. september 2019

Office for Government Representation in Property Affairs

The Office for Government Representation in Property Affairs (OGRPA) was established on July 1st, 2002 by Act No. 201/2002 (Act on the Office for Government Representation in Property Affairs). The main aim of the OGRPA is to improve legal services of the state and to ensure efficient management, protection and administration of state-owned property.

 

 
ORGRPA_scheme.png
 
 
 
 
Prague is the seat of the headquarters of the OGRPA. There are eight regional offices (8 headquarters of the OGRPA in the following regions/cities: Praha, Central Bohemia, Plzeň, Ústí nad Labem, Hradec Králové, České Budějovice, Brno, Ostrava). The structure is parallel to that of the judicial system of the country. The regional departments staff teams both for legal services and property management and administration, while solicitors dealing with legal proceedings and advisory lawyers are all seated in Prague. The General Director of the Office is appointed by the Minister of Finance. The budget of the Office constitutes a section of the budgetary chapter of the Ministry of Finance of the Czech Republic.

 

 
The agenda of the OGRPA is based on the following legislative framework:
 
  • Act No. 219/2000 Coll., Act on the Property of the Czech Republic and its representation in legal relations.
  • Act No. 201/2002 Coll., Act on the Office of the Government Representation in Property Affairs.
  • Act No. 320/2002 Coll., Act on the Modification and the Termination of Some Acts Related to the Termination of District Authorities (public administration reform).
  • Act No. 279/2003 Coll., Act on execution of securing of the property and things during the criminal proceedings. 

 

 
The main rights and obligations of the OGRPA are as follows:

 

  • To represent the Czech Republic, its government constituents and municipalities by acting for them in court hearings and similar proceedings.
  • To provide legal advice and prepare positions regarding property-related matters according to the demand of other government constituents, state organizations and municipalities. To manage the property - registering, protecting, and administering property with regard to the profit and benefit of the state, e.g. by advantageous sales or rents or gratuitous transfers.
  • To administer the property seized in criminal proceedings.

 

Property management (real estate and movable property) deals with these categories:

 

  • State property acquisition - includes property newly acquired by the state (esp. escheat, and property that is forfeit to the state in criminal proceedings) and state property which clearly lacks a managing body (‘tracked’ property). Property acquisition is also connected with the acceptance from other state organization bodies of the competences to manage the property, on authority of the law or a government decision. 
  • Management of the property required for use by the OGRPA or for state use; mostly acquired as a consequence of the 2002 public administration system reforms; includes any rights and commitments related to such property.
  • Gratuitous transfers to local authorities and to relevant state institutions.
  • Sales to private persons and local authorities.
  • Leases for market price (private persons) or gratuitous (mostly for state & local institutions, non-governmental organizations etc.).
  • Administration of private property seized in criminal proceedings.
 
Execution of other state property agendas consists of:

 

  • Aministration and controlling of contracts on state contributions to private housing construction.
  • Administration of the pre-emption right for state projects of public utility.
  • Controlling of contracts on gratuitous transfers of public real estate.
  • Managing dislocation tasks of all the state bodies at the regional level.