Bulletin - Vlada Crne Gore

New draft Law on state property
BULLETIN OF THE MINISTRY OF FINANCE/APRIL - JUNE 2006
Waters etc. ).
PENAL, TRANSITIONAL
AND FINAL PROVISIONS
persons and its inviolability. This rule
is also applicable to a private and public
property;
- According to the provisions under
the Draft Law, property rights and
authorizations with respect to the state
property are exercised by the Government
of the Republic of Montenegro,
or a local self-government authority
designated under the Statute of the
municipality. Government or a competent
local self-government authority
decides on the state property management,
unless otherwise provided for
under the law.
Therefore, state of Montenegro is a
holder or bearer of the most comprehensive
legal power over the stateowned
property. State property entities
have ownership powers over such
property, including state-owned building
land.
In the context of given solutions,
the Draft Law clearly defines or delineates
the state property over which the
Republic or a municipality respectively
exercises ownership rights or authorizations.
The Draft Law also clearly distinguishes
a state property serving for
functioning of the Republic or its
agencies and public services on one
hand, and for functioning of a municipality,
or its authorities and public services
on the other, clearly defining the
state property which represents a
common good (recourses of common
interest and use).
The Draft Law clearly defines the
terms relating to the state property
management, use and running, clarifying
their respective meanings.
We particularly emphasize that the
Draft Law governs a procedure related
to recording of the state property and
establishing of a Register. Special obligation
and responsibility to this end is
given to the competent Republic and
municipal authorities using and supervising
the state property (state property
which is governed by separate laws,
such as Law on Coastal Management,
Law on Roads, Law on Forests, Law on
In case of non-implementation of
the provisions under the Law, penal
provisions shall apply to the state authorities,
municipal authorities and public
services as well as to responsible
persons in a state authority or a municipal
authority failing to manage the
state property in conformity with the
Law
With a view to removing dilemmas
and illogicalities caused by the previous
registration of rights of use or permanent
use of a building land in the
cadastre, transitional and final provisions
stipulate that such rights shall be
changed into a right of ownership of
the Republic or local self-government
unit, unless an interested entity proves
that it acquired a right of ownership
over certain land by means of a valid
legal transaction
The Draft Law also stipulates that
the following laws shall not remain in
force: Law on the Property of the Republic
of Montenegro; Law on Sale of
Property; Article 15a of the Law on
Education, and Article 53, paragraph 6
of the Law on Tourism.
Establishing of an authority responsible
for property, introduction of
the state property Register and assessment
of the state property as new solutions
relevant for this field deserve
to be separately discussed in a next issue
of the Bulletin.
Senior Advisor
MILODARKA NOVOSEL
12