ИМОВИНСКОПРАВНИ ПОЛОЖАЈ ЛОКАЛНЕ САМОУПРАВЕ
THE POSITION OF LOCAL ADMINISTRATION IN PROPERTY

Summary/Abstract: The right of self-administration is guaranteed by the Federal Law, as well as by the Constitutions of the Republics. A legal basis has been made for the foundation of local communities (boroughs, towns, the Capital) in which the citizens would satisfy their mutual needs either directly or through certain bodies they would elect themselves. However, the realization of this right depends on the legal status of self-administration property. Should the local self-administration be guaranteed no property, or only a restricted property, the right of local self-administration may remain only illusory.The laws that regulate local self-administration, as well as other financial laws, stipulate the conditions for self-administration finan¬cing. In principle, there are two types of the self-administration pro¬perty rights: vested (proprietary), and state-provided rights intended for the realization of certain tasks assigned to the local self-admini- stration by the state.The unfavorable position of the self-administration is, yet, induced by a great number of reasons. Some of them have originated from the general economic crisis, stagnant economic development, and retarded changes in the local self-administration financing. Other reasons are direct consequences of the state authority centralization, which marginalized the local self-administration in spite of the extremely great importance of the functions it is entitled to accomplish. The local self-administration has no access to the national capital market, which hinders the increase of its property and disables efficient and thorough satisfaction of local needs. Local authorities do not even have a consultative role in the decision-making about the sources of income that represent the basis for the local self- administration property. A lack of "freely acquired property" (income, material resources) not only obstructs adjustment to real local community expenditures, but it excessively limits the financial and normative autonomy of a local self-administration.

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