Consolidarea cadrului legal privind delimitarea proprietății publice a statului și a unităților administrativ-teritoriale

Abstract

In the Republic of Moldova, there is currently a lack of a unitary, complex and appropriate to existing legal realities, legislative act that will take into account the trends, the experience and current scientific-practical achievements in the field of patrimonial relations of public entities, which will regulate in detail, clear and appropriately the main aspects of public administration activity in the field of public domain property management and private property. In the absence of adequate and unitary normative regulations that will regulate in detail the legal regime of public property, local public authorities in particular, face serious problems in their property management activity being very vulnerable in their relations with central authorities and control bodies. Moreover, the confusing and contradictory normative framework generates favorable conditions for systematic infringement of the patrimonial rights and interests of the local communities, as well as conflicts of competence between public authorities at different levels in the field of public property management, especially related to the delimitation of property by owners and categories. In this regard, several decisions of the Constitutional Court are relevant. They have repeatedly canceled several normative and legislative acts in the given domain and also alerted central public authorities on the need to improve the respective legal framework and bringing it into line with the constitutional principles of ownership, decentralization and local self-government