The Enhancement of the Legal Framework for the Capital Project Realization in the Public Sector of the Republic of Serbia

Abstract

Given the importance of capital projects regarding socio-economic development and societal progress in general, this paper focuses on the analysis and enhancement of the legal framework for the capital project realization in the public sector of the Republic of Serbia. Capital projects that are financed or co-financed from national revenue, European Union funds, and funds of international institutions and other countries are subject to strict legislation that more closely regulates different segments, thus creating a general legal framework for the capital project realization. In the Republic of Serbia, there are laws, regulations and rules that directly or indirectly relate to the realization of capital projects, the most important of which are the Budget System Law, the Law on Public Procurement, the Decree on Capital Project Management, and regulations on special procedures within the framework of capital project management. Taking into account their importance and effectiveness, supported by a more or less appropriate institutional framework, the paper provides a detailed analysis of the state of the legal framework and the possibility of its enhancement in accordance with the prevailing trends and examples of good practice in project management. The paper also presents potential solutions for the transformation of planning, organizing, implementing, and monitoring the progress of capital projects, i.e., identifies opportunities for improving the current situation through the centralization of responsibility for management, evaluation, and audit of capital projects, on the one hand, and legal regulation, personnel training and provision of strategic projects, on the other. Therefore, the paper's most important contribution is reflected in the removal of existing obstacles and the increase in the degree of efficiency in the realization of capital projects based on a better and more adequate legal and methodological framework.