Property relations according to the Constitution from 2006

Legal norms governing property relations have always been of exceptional importance in all legal systems. To a large extent, they were, and still are, the basis of the establishment and functioning of the entire legal order. Therefore, property is primarily an economic category, but at the same time it is also a central legal institution, the basic concept and content of which, as a rule, is regulated by the highest legal act - the Constitution. 2. The Constitution of 1990 opens up space for transforming social and state property into "other forms of property". The only option left is to determine the conditions under which these funds can be converted into other forms of property. The term privatization is not mentioned. In addition to other forms of property, it also guarantees social property. Only the possibility of its conversion into other forms of property is envisaged, but without determining any degree of obligation. Such Constitutional decisions, in addition to other factors, made the process of property transformation, in our country, take place with serious delays and oscillations, and take an unreasonably long time. 3. The Constitution of 2006 (Art. 86, paragraph 1) guarantees private, cooperative and public property. At the same time, by an imperative provision (paragraph 2 of the same article), the Constitution establishes an obligation according to which "the existing social property is converted into private property, under the condition, in the manner and within the deadlines provided by law." It follows that the provisions of the Constitution have eliminated all dilemmas regarding the definitive removal of social property from the structure of property relations. 4. The Constitution of 2006, when it comes to state property, has a qualitatively different approach. In addition to the complete removal of social property as a form of property, the biggest change in the constitutional concept of regulating property relations was made precisely in the segment related to state property. The Constitution guarantees public property, and public property means: state property, that is, the property of the Republic of Serbia, then the property of the Autonomous Province and the property of local self-government units. Autonomous provinces and local communities become subjects, holders of property rights, acquire the conditions for a certain degree of economic independence and the formation of their own sources of income. These are realistic assumptions to approach the necessary and comprehensive process of decentralization. However, it should be emphasized that the forms and degree of decentralization will primarily be determined by the content and character of the legislation that will follow in the period after the adoption of the Constitution. 5. The provisions of the Constitution of 2006 removed the monopoly of the state on city construction land. Urban construction land can also be privately owned. The Constitution does not contain a provision that would in any way limit ownership of agricultural land, forests and forest land. On the contrary, according to the express provision of the Constitution, "the use and disposal of agricultural land, forest land and construction land in private ownership is free".