Bulletin - Vlada Crne Gore

New draft Law on state property
BULLETIN OF THE MINISTRY OF FINANCE/APRIL - JUNE 2006
NEW
DRAFT
LAW ON
STATE
PROPERTY
Senior Advisors
Milodarka Novosel
STATE OF AFFAIRS
Ministry of Finance, in cooperation
with the Ministry
of Justice, Ministry of Environment
and Physical Planning and
Real Estate Administration, has drafted
a new Law on State Property and has
sent it to the Government working
groups for a related procedure.
Legal standards governing the property
and property rights have been
completed by drafting this Law, together
with other regulations in this field.
For a better understanding of this
field as well as importance of the suggested
solutions for the legal system of
the Republic of Montenegro, it is necessary
to point to the following:
Conditions and procedure for sale
of property located on agricultural,
building and forest land, or in structures
or buildings were defined under
the Law on Sale of Property ("Official
Gazette of the SR of Montenegro", No.
27/75), which was subsequently amended
in 1989, 1991, 1992 and 1994. Certain
provisions of this Law are still applicable.
The provisions under this Law stipulate
that the property is of public
use, while organizations of associated
labour, self-governing communities of
interest, socio-political communities,
local communities and other self-managing
organizations and communities
or social legal persons are holders
of right of use with respect to sociallyowned
property.
For example, in case of alienation
of the structures or buildings, with respect
to which a right of use exists, a
right to a land appurtenant to such
building is also transferred, including
a land serving for a regular use, and a
10