On the order of requisition and confiscation of property of individuals and companies.
Collection of legalizations and orders of the government for 1921, Administration of the Council of People's Commissars of the USSR M. 1944, pp. 915-918.
Published in No. 240 of the News of the All-Russian Central Executive Committee of Soviets dated October 26, 1921.
Article number 564.
Decree of the Council of People's Commissars.
To bring the current decisions and decrees on requisitions and confiscations in line with the new economic policy, the Council of People's Commissars, to repeal the decree of April 16, 1920 ( Collection Uzak. 1920, No. 29, Art. 143 ), the instructions of the People's Commissariat of Justice ( Collection Uzak. 1920, No. 65, Art. 288 ), Resolution of the Council of People's Commissars dated July 25, 1920 (News of the All-Russian Central Executive Committee of 1920, dated July 25, No. 163), Art. 1-11, 25 and 46-51 of the decree of January 3, 1921 ( Collected Uzak. 1921 No. 5, Art. 37 ) decreed:
1. No property may be requisitioned or confiscated otherwise than in the manner prescribed by this decree.
2. A requisition shall be deemed to be the compulsory paid alienation or temporary seizure by the state of property that is in the possession of individuals and companies, applied due to state necessity.
3. Requisitions of property, except for the items listed in clause 11, are made only in exceptional cases and not otherwise than by resolutions of the Council of Labor and Defense, which are enforced by the relevant Provincial Executive Committees through the Departments of Management.
4. The amount of remuneration for the requisitioned in accordance with Art. 3 property is determined at prices established by the Price Committee, and if none have been established, determined by the Provincial Evaluation Commission consisting of representatives from the Provincial Finance Department, the Provincial Council of the National Economy, the Provincial Food Committee, the Workers 'and Peasants' Inspection and the Provincial Department of Management at average market prices, by the time the property is withdrawn from the possession of the owner.
Note 1 . Payment is made by the Provincial Executive Committees no later than one month from the date of the actual seizure of the property.
Note 2 . With the consent of the owner of the requisitioned property, it is allowed to replace the cash payment in kind.
5. Confiscation is the gratuitous expropriation by the state of property, applied as punishment for the sentences of the People's Courts, the Revolutionary Tribunals and the Extraordinary Commissions in cases in which the latter has been granted the right to pass sentences, as well as by order of the Administrative Authorities in the cases specified in this decree.
Note . In the case of confiscation applied as a punishment, the authorities making the confiscation are obliged to leave the owner of the confiscated property and his family members household items, tools of small-scale or handicraft production, if they serve as a means of subsistence and are not objects of labor exploitation, as well as products food necessary for the personal consumption of the convict and his family for a period of at least 6 months.
6. The property of concession enterprises may be subject to requisition or confiscation only in the cases and in the manner provided for by the concession agreement.
7. For each requisition or confiscation, a special act is drawn up at the time of confiscation of property, containing:
1. Providing legal grounds on which they are produced.
2. Position, name and surname of the person making the requisition or confiscation, and his authority.
3. Name, surname, place of residence of the owner and location of the property.
4. Who is the property left for storage?
5. A detailed and accurate inventory of the property, indicating the weight, measure and type of packaging.
The act is sealed with the signatures of an official, owner or custodian and two outside witnesses, a copy of the act is issued to the owner no later than 3 days.
8. In case of discovery of property hidden from requisition or subject to confiscation on the basis of this decree, the police shall impose a preliminary arrest on such property.
9. With the preliminary arrest of property subject to requisition or confiscation, an act of arrest is drawn up in the manner specified in Art. 7th of this decree, and this act is subject to immediate referral to the appropriate judicial or administrative institution, which, no later than 3 weeks, must announce to the owner of the seized property its decision to requisition, confiscate or release the seized property.
10. The following items, in the absence of a proper permit for their storage, are subject to obligatory surrender to the state and, if discovered, are confiscated with the attraction of their custodians to criminal liability: a) weapons, explosives, military equipment and aircraft, b) telegraph and radio -telegraphic property, c) canceled securities, d) cars and motorcycles.
Note . Persons who voluntarily surrender within the time frame established by the relevant authorities. the items specified in this article are exempt from criminal liability.
11. The following items, in the absence of proper permission for their storage, are subject to mandatory surrender to the state at average market prices established by the People's Commissariat of Finance.
a) Foreign currency, b) gold, silver, platinum and platinum group metals in raw form, coins and ingots in any quantity, as well as products made of gold, platinum and silver and precious stones in excess of the norm established by the People's Commissariat of Finance and approved by the People's Council Komissarov.
Note 1 . The procedure for issuing permits for the storage of items listed in clause 11 is established by the People's Commissariat of Finance in agreement with the Supreme Council of the National Economy and the People's Commissariat for Foreign Trade.
Note 2 . The procedure and conditions for the delivery to the state and payment for precious metals and precious stones mined by private miners are established by special rules issued by the People's Commissariat of Finance in agreement with the Supreme Council of the National Economy.
12. Upon detection of those indicated in Art. 11 items, not surrendered voluntarily, the case is transferred to the People's Court, which, depending on the degree of guilt, property status of the owners, etc., decides to either confiscate or requisition the aforementioned items.
13. The confiscated items of essential food and agriculture are transferred to the natural social security fund, in accordance with Art. 6th decree of the Council of People's Commissars of May 14, 1921 ( Collection of Uzak. 1921, No. 48, art. 236 ).
Items that do not fit under Art. 6th of the aforementioned decree, come in general order at the disposal of the authorities in charge of the use of items of this kind.
14. Until the change in relation to requisitions made by the military and naval departments, Art. 31-45 of the decree of January 3, 1921 and instructions to them from the same date.
15. Confiscation by customs authorities is subject to:
a) items carried and transported across the state border, in addition to border points of customs control;
b) goods, money and all kinds of items and values that are prohibited for import or export, hidden from customs control, by any trick or by incorrect declaration for postal items;
c) goods and all kinds of items, although allowed for import or export, but hidden from customs control in order to avoid payment of established fees:
d) items listed in art. 10th of this decree; when exporting them abroad without proper permission:
e) documents harmful to R.S.F.S.R. in political and economic relations;
f) antiques or art, exported abroad without the permission of the People's Commissariat of Education.
Note . The list of items prohibited for import or export, as well as the rules on the procedure for confiscation carried out in accordance with this article, on the procedure for the reverse export or requisition of items transported through customs, as well as on the procedure and amount of collection for smuggling, are developed by the People's Commissariat of Foreign Trade together with the People's The Commissariat for Foreign Affairs and the People's Commissariat of Finance and approved by the Council of People's Commissars. Until the publication of these rules, Art. 12, 24 and 26-30 of the decree on requisitions and confiscations of January 3, 1921.
16. Money and items sent bypassing the current postal rules, if found in postal items, are confiscated by the organs of the People's Commissariat of Posts and Telegraphs.
17. Officials guilty of violating the rules of this decree shall be liable in court. Regardless of this, the victim of property damage from illegal requisition or confiscation has the right to demand the return of the wrongly alienated property or compensation for losses through a claim brought before the People's Court against the state authority, whose representatives illegally made the confiscation or requisition.
Signed by:
Chairman of the Council of People's Commissars V. Ulyanov (Lenin) .
N. Gorbunov, Administrator of the Council of People's Commissars .
Secretary L. Fotieva .
October 17, 1921.
Published in No. 240 of the News of the All-Russian Central Executive Committee of Soviets dated October 26, 1921.
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