Independent commission to review the assets of the parties and mass organizations of the GDR

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The Independent Commission for the Review of the Assets of Parties and Mass Organizations of the GDR ( UKPV ) was responsible for determining the assets of parties and mass organizations of the GDR (PMO) at home and abroad from June 1, 1990 to December 15, 2006 .

organization

It was initially based on a Law of the People's Chamber of the GDR by Prime Minister Lothar de Maiziere used, followed by the Unification Treaty by the Federal Republic of Germany adopted.

She was supported in this by a secretariat which was an organizational part of the Federal Ministry of the Interior (BMI). The UKPV worked independently.

The chairmen were:

Members were u. a.

The Independent Commission for the Review of the Assets of the Parties and Mass Organizations of the GDR (Independent Commission / UK) was responsible from June 1, 1990 to December 15, 2006 for reviewing, investigating and ascertaining the assets of the GDR parties and mass organizations. She performed this task in constant close coordination with the Treuhandanstalt (THA), Directorate of Special Funds.

With the law passed by the People's Chamber on May 31, 1990 to amend the law on parties and other political associations ( Party Law of February 21, 1990 - PartG-GDR), the assets of the parties of the GDR and the organizations associated with them, legal persons and mass organizations that existed on October 7, 1989, or that have since replaced these assets, placed under fiduciary management (Section 20b (2) of the PartG-GDR). The fiduciary administration was transferred to an independent commission by § 20b Abs. 3 PartG-DDR. At the same time, Section 20b (1) of the PartG-GDR stipulates that with the entry into force of this law on June 1, 1990, the parties and the organizations, legal entities and mass organizations associated with them can only make changes to assets with the consent of the chairman of the UKPV.

The UKPV was given "the right to take evidence, to hear witnesses in accordance with the procedural rules of the Code of Criminal Procedure, to carry out house searches, other searches and seizures" (Section 20a (4) of the PartG-GDR).

The unification agreement determines the continued validity of §§ 20a and 20b of the PartG-GDR with certain provisions. The Federal Government was authorized to appoint a further six members of the UKPV in consultation with the President of the Bundestag. It was only subject to the legal supervision of the federal government , which was carried out by the Federal Ministry of the Interior, not the technical supervision . At the same time, their tasks were modified:

  • The fiduciary management of the property of the parties, their affiliated organizations, legal persons and mass organizations was transferred to the Treuhandanstalt.
  • While the party law of the GDR only stipulated fiduciary administration with regard to party assets and issued prohibitions on disposal, the stipulations of the Unification Treaty made provisions on the use of those assets administered in trust:
    • The assets are to be returned to the previous beneficiaries or their legal successors.
    • Only to the extent that assets have demonstrably been acquired in accordance with the substantive principles of the rule of law within the meaning of the Basic Law will they be made available again to the parties and other institutions.
    • If these cases do not exist, the assets are to be used for charitable purposes, in particular for economic restructuring, in the accession area.

The procedure was carried out by the Treuhandanstalt, later the Federal Agency for Unification-Related Special Tasks (BvS) in agreement with the UKPV.

The commission was dissolved by the law on the dissolution of the Independent Commission for the Review of the Property of the Parties and Mass Organizations of the German Democratic Republic of December 19, 2006 ( Federal Law Gazette I p. 3230 ) - coming into force on January 1, 2007. Since then, your tasks have been carried out by the BvS.

Party Asset Commission Ordinance

On June 14, 1991, the federal government issued the Party Assets Commission Ordinance - PVKV. Among other things, it stipulated

  • The Federal Ministry of the Interior is responsible for the Federal Government's legal supervision .
  • Decisions of the commission that cannot be postponed (urgent decisions) can be made by the chairman of the UKPV in consultation with the head of the secretariat.
  • The Commission can delegate its powers for individual cases or groups of cases to the head of the secretariat (delegation decisions).
  • The head of the secretariat represents the commission in court.

The following parties fall under the PartG-GDR

Affiliated Organizations placed under fiduciary management

The PartG-GDR does not include all organizations, especially not all mass organizations, but only those "connected" to the parties:

office

The UKPV, as a collegial body with a maximum of 16 members, was not able to carry out the day-to-day work - especially the labor-intensive property investigations - itself from the start. After the establishment of German unity, the UKPV was therefore supported by a permanent secretariat set up in Berlin at the end of 1990. This secretariat was an organizational part of the Federal Ministry of the Interior . Details of the cooperation between the Commission and the Secretariat are regulated in the Party Assets Commission Ordinance.

The secretariat carried out the necessary cooperation with the THA / BvS and the other bodies involved for the commission. The staff of the secretariat varied according to the tasks: In 1992 there were 85 employees. The Secretariat used a large number of auditing firms to investigate assets.

UKPV reports to the German Bundestag

The Independent Commission has given a very detailed report on its activities on the assets of the SED ( Bundestag printed paper 13/11353 of August 24, 1998). It also has the assets of the parties CDU of the GDR, DBD, LDPD, NDPD (Bundestag printed matter 13/5376 of August 1, 1996), the mass organizations of the GDR, such as FDGB, Kulturbund der DDR, Gesellschaft für Sport und Technik (GST), Association the mutual peasant aid (VdgB), Society for German-Soviet Friendship and other smaller political organizations (all Bundestag printed matter 13/11353) and the FDJ (Bundestag printed matter 13/5377 of August 1, 1996) reported.

A supplementary report was submitted in 2003 (Bundestag printed paper 15/1777 of October 9, 2003).

Web links

Individual evidence

  1. ^ German Bundestag - 13th electoral term, printed matter 13/11353 of August 24, 1998
  2. ↑ German Bundestag printed paper 15/1777 15th electoral term