The Ombudsman's Office is again calling on the government to carry out a wide-ranging review of the rules governing property encumbrances and compensation, pointing to shortcomings in the current system and the need for a comprehensive approach in this field. A reply on the progress made must be provided by 1 October.

The Cabinet of Ministers takes the view that the decentralised system currently in place in the field of restrictions on property rights and compensation is appropriate. Under it, the relevant sectoral ministry is responsible for the criteria used to determine restrictions on property rights and compensation. In other words, compensation for a restriction on property rights will differ in similar cases if each case is assessed by a different ministry. It follows from the government's reply that it will not carry out a comprehensive comparison of the legislation relating to the determination of compensation and does not plan to identify unfair situations. The Ombudsman's Office cannot agree with such a position.

"Despite the recommendations made in the spring, the government has not taken the steps needed to systematically improve the legislation on restrictions on property rights. At present there are substantial differences and uncertainties in the criteria for compensation and in the amounts awarded," stresses Deputy Ombudsman Ineta Piļāne.

The government must carry out an analysis of how the laws and regulations fit together, in order to ensure fair and consistent criteria for all property encumbrances. At present, encumbrances and compensation are determined within the context of the respective sectors, which results in uncertainty. The practice of a decentralised approach should likewise be viewed critically, as it may be an obstacle to the effective and fair award of compensation for property encumbrances.

"All owners must have an equal right to fair compensation, based on clear and comprehensible criteria," adds I. Piļāne.

Back in March of this year, the Ombudsman sent the government the study "Mapping of Property Encumbrances and Compensation" and called on it to set out a clear vision from the Cabinet of Ministers for putting the field in order by 6 July.