Notification of the outcome of the Pet 5/2018 petition

The petitioner shall: Ministry of Health of the Slovak Republic
Name of the petition:PíTICIA for suspending the sale of the Old Hospital in Nové Zámky and offering this area for the purchase of the town of Nové Zámky addressed to the Ministry of Health, Ministry of Finance of the Slovak Republic and Faculty Hospital with Polyclinic in Nové Zámky

TextWe, the undersigned citizens of the Slovak Republic, ask you to suspend the sale of the Old Hospital complex in Nové Zámky and to offer this area for the purchase of the town Nové Zámky, as in the past it was mainly New Zám people who were composed for its construction and for us New Zámkov, the Old Hospital has other deeper meaning. We are in favour of maintaining the original designation of this area, which from the beginning served the general public and therefore we are of the opinion that the town of Nové Zámky should purchase this area and use it for the needs of its inhabitants and residents from the surrounding area, as its founder, F. Kapisztóry, after which it is also named street, where the area of the Old Hospital is located.
It's quare: No.
Number of persons supporting the petition: 471
Date of delivery:31.10.2018
Date of equipment: 29.11.2018
Type of equipment: Paragraph 5 (6) of Law No 85/190 Coll. on petition law in the wording of subsequent regulations " not evaluated
Reason for equipment:

On 31.10.2018 the Ministry of Health of the Slovak Republic (hereinafter referred to as the Ministry of Health of the Slovak Republic) received a letter dated 29.10.2018 addressed to the Minister of Health of the Slovak Republic in the subject marked asThe administration of PETICS, signed by JUDr. Ing. Ivan Katon, PhD., LL.M., designated as a member of the Petition Committee and person intended to represent in contact with the public authority whose annex was the submission marked as a PETICIA for the suspension of the sale of the Old Hospital in Nové Zámky and the offer of this area for the purchase of the town Nové Zámky addressed to the Ministry of Health, the Ministry of Finance of the Slovak Republic and the Faculty Hospital with a Polyclinic in Nové Zámky 33 petition sheets in original version. This submission was received on 9.11.2018 from the Ministry of Finance of the Slovak Republic by letter dated 07.11.2018 within the meaning of § 5 (3) of Act No 85/1990. Coll. on petitioning law as amended (hereinafter referred to as the Act on Petitions). Also the Faculty Hospital with a Polyclinic Nové Zámky forward the submission of MZ SR by letter dated 12.11.2018 received MZ SR on 13.11.2018.

The Department of Control and Complaints (hereinafter referred to as "ÚKAS') as the organizational unit responsible for handling complaints, petitions and submissions in the material scope of MZ SR received documentation and after assessing the content of the submission designated as PIETICIA for the suspension of the sale of the Old Hospital in Nové Zámky and the offer of this area for the purchase of the town Nové Zámky addressed to the Ministry of Health, Ministry of Finance of the Slovak Republic and the Faculty Hospital with a Polyclinic in Nové Zámky. as well as material and formal requirements in the context of the provisions of § 3 (3), § 4 (2) and § 5 (1) of the Right of Petitions Act registered the present submission in the Special Report of the Registry maintained at the ÚKAS as a petition under sp. zn. Pet 5/2018, which has the nature of the application. MZ SR, as the competent public authority, is obliged to handle the petition in question within the meaning of § 5 (6) of the Act on petition law, in the sense that the public authority competent to handle the petition containing the application or proposal will assess its content and send a written reply together with a statement of reasons to the representative within the time limit referred to in paragraph 5 of the Act, i.e. within 30 working days of receipt of the petition.

In order to determine the facts of the case, the ÚKaS requested the cooperation of the Management Office of subordinate organisations by submitting a written opinion on the petition, since the issue concerned the disposal of the State's assets within the meaning of Act No 278/1993 Coll. on the Administration of State Assets, as amended, (hereinafter: Act No 278/1993). OJ L 347, 20.12.2013, p. 671.

Based on the written opinion The Office for the Management of subordinate organisations as well as the provisions of Act No. 278/1993 Coll. in relation to the petition in relation to the petition, taking into account the applicable legislation of MZ SR within the meaning of § 5 (6) of the Act on petition law, sent the representative a written reply by an official letter to the Minister of Health stating the following facts.

In accordance with the applicable legislation of the Act No. 278/1993 Coll. MZ SR is not entitled to interfere with the process of dealing with the aforementioned property of the State, since its administrator is within the meaning of Act No. 278/1993 Coll. Faculty Hospital with the poliklinikou Nové Zámky. The administrator of the State property within the meaning of Act No. 278/1993 Coll. acts in the handling of the State property separately and carries out all legal acts in the management of this property. Pursuant to the Decision on the amendment of the instrument of establishment of the Faculty Hospital with the Polyclinic Nové Zámky (hereinafter "FNsP Nové Zámky') No. Z07196-2017-OZZAP of 06.03.2017 –the statutory body is a collective body (hereinafter referred to as the Board of Directors). The statutory body shall manage the organisation's activities and act on its behalf, decide on all matters of the organisation, unless they are reserved by this instrument of establishment for other bodies of the organisation. Signing as an organisation is governed by Article IV of this Decision on the amendment of the instrument of establishment. The statutory body shall be responsible for the management of the organisation.Þ FNsP Nové Zámky MZ SR submitted documentation for the transfer of ownership of the premises of the Old Hospital, along with a request for consent to transfer of land and buildings to LV No 1010, k.ú. Nové Zámky. After its assessment by the Ministry of Health of the Slovak Republic in accordance with the Professional Guidelines of the Ministry of Health of the Slovak Republic on the implementation of the administration of State property and the disposal of State property No. Z51873-2014-OZZAP of the day 28.11.2014 this was submitted to the Ministry of Finance of the Slovak Republic for consent to the contract and entry into force of the contract. In view of the fact that MZ SR is not the administrator of the above-mentioned assets of the State, it can only assume that both the City of Nové Zámky and its residents had and given the content of the applicable legislation when handling the property of the State could have knowledge of the interest of the FNsP Nové Zámka to transfer ownership of the premises of the Old Hospital on Kapisztóryho street in Nové Zámky. However, MZ SR is not clear for what reasons the City of Nové Zámky did not show interest and did not address the administrator of the State property with an offer to buy this property under the applicable legislation. On the basis of the above, the MR SR considers that, in accordance with the applicable legislation, Law No 278/1993 Z. z. MZ SR is not entitled to interfere in the process of dealing with the above-mentioned property of the State, since its administrator is within the meaning of Act No. 278/1993 Coll. of the FNsP Nové Zámky.

In order to remove the doubts of MZ SR it states that the State's asset managers do not have a legal obligation to inform the bidders about the intention to sell the assets to the State and offer them in a legally stipulated manner. Therefore, in the opinion of MZ SR, there was no reason for the FNsP Nové Zámky to proceed in this case other than in a legal manner. According to information known to the Slovak Ministry of Finance, the offer for state property managers as well as the announcement of an electronic auction was published in the register of special tender procedures on the website of the Slovak Ministry of Finance www.ropk.sk, publicly available to all interested parties for the excess real estate property in question and thus the City of Nové Zámky, which had the opportunity to apply its offer to buy this complex.

For all the above reasons, MZ SR had no legal possibility to grant a petition which had the character of a request to suspend the sale of the Old Hospital in Nové Zámky and to offer this area for the purchase of Nové Zámky.

By sending a written reply to the representative of MZ SR, he considers the petition to be equipped in accordance with § 5 (6) of the Act on petition law.

Place: Bratislava– Date:6 December 2018