Pravna priroda Narodne banke Srbije u svojstvu vršioca uprave - centralno bankarstvo, položaj i pravni karakter Narodne banke

Abstract

The position of a central bank in a particular country and its economic system depends on: the constitutional norms, the central bank law defining the institutional structure, functions and powers of the central bank and other legislation, such as the law on banks. A significant part of the work focuses (and before moving to the main topic because of the interrelationships between the position and the role of the National Bank as the administrator) on the position, organization and administrative powers (and not only that powers) of the National Bank of Serbia. The exercise of public authority is an iherent feature of the state aparatus. In the Republic of Serbia, the administrative is entrusted to the state administrative aut­horities and organisations. The primary role of administrative bodies is to perform administrative activities, while the administrative function of non-regulatory state bodies and the National Bank of Serbia is an accessory activity within the scope of their responsibilities. Considering the classification into the primary and subsidiary administrative bodies, the Serbian National Bank falls into the group of subsidiary administrators. Authors note that the legal nature of Serbian National Bank has not been given due attention in the administrative law theory. The National Bank of Serbia is neither an administrative body nor a special administrative organization. It is not a state non-regulatory body either. The fact that an entity is entrusted with performing authoritative activities does not imply a changed in its legal nature. The Serbian National Bank can not be considerd to be a state authority becouse it performs the function of the monetary authority. It has capacity of a legal entity as well as budgetary autonomy, which are not the characteristics of state administration authorities (ministries). Thus, autors note that the National Bank of Serbia is not principal administrator, given the fact that administrative activities are not its primary function.