Property compensation, report: In 7 years, only 4.5% of the decisions were executed
The compensation of the former owners can turn into a process that has no end if we take into account the pace with which the execution of the decisions has proceeded in 7 years.
At least this is the finding made by the Supreme State Audit after an audit of the Property Handling Agency.
"In 7 years from the entry into force of the law no. 133/2015 until December 31, 2022, ATP executed a total of only 794 execution decisions for financial compensation, out of 18,734 final decisions evaluated by the ATP Compensation Sector, translated into a percentage of only 4.5% of decisions have been executed, which means that at these rates the Financial Execution of Final Compensation Decisions that will be financially evaluated according to the manner and forms defined in VKM-223/2016, amended, is an almost impossible process, for the implementation of article 16, point 6 of law no. 133/2015" the report states.
But what is the deadline that the 2015 law determined in point six regarding the training of the property and the completion of the property compensation process.
"The payment process for all final decisions that have recognized the right to compensation will be completed within a period of 10 years from the entry into force of this law" is stated in article 16 point 6 of the law.
The audit has also highlighted other cases that have shown a problem related to compensation. Thus, in 3 cases, the request of the expropriated subject for financial compensation with a "Special Request" was not considered by the Special Claims Sector, even though the claimant is legitimate in his request for financial compensation of the property, but it passed for consideration to the Sector of Financial and Physical Compensation, not saving the state budget a value of ALL 60,388,502 from the compensation fund of expropriated entities.
In 3 cases, the Compensation Sector has received a request for an application by the requesting subject as a buyer of rights stemming from former decisions of the KKKP, by a person not from the circle of heirs of the expropriated subject, in violation of VKM no. 223, dated 23.03.2016, "On determining the rules and procedures for the evaluation and distribution of the financial and physical fund for property compensation", amended, point 1.
Likewise, in 5 cases, a decision was made by the ATP for physical compensation with the land fund, not applying the criterion of selecting the property geographically closest to the property known for physical compensation, but it is compensated in another county further away from the property of recognized for compensation, specifically in 4 selected properties located on the Tirana-Pogradec national road.
Audituesit kanë konstatuar se në 17 raste nga ana e ATP-së është punuar me dy standarde, ku për disa subjekte edhe pse kanë aplikuar ndër vite për kompensimin financiar të pronës, janë marrë vendime mbas 2-3 vitesh ndërsa për disa subjekte janë shqyrtuar dhe janë marrë vendime nga ATP brenda muajt nga momenti i aplikimit nga subjektit i shpronësuar.
Në 4 raste mungon e administruar në dosje, deklarata e subjektit kërkues për vazhdimin e procedurave për kompensim financiar nga fondi i kompensimit deri në 20% të vlerës totale të kompensimit financiar dhe 80% e vlerës së mbetur në kompensim fizik me fondin e tokës. –
In 3 cases, there is a lack of notification from ATP to the requesting subject, for the initiation of procedures for financial and physical compensation with the land fund, in the conditions where VKM 223 dated 23.03.2016, has changed the method and form of compensation, where the requesting subject must declare that agrees on the continuation of the procedures according to the terms of VKM no. 766, dated 20.12.2017 "On some changes in VKM no. 223 dated 23.03.2016".
For all these KLSH has recommended that the Property Handling Agency take measures for a solution./Monitor