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Relations between public authorities in the process of administration of the patrimony of administrative-territorial unities

Author: Viorel Furdui
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Scientific adviser: Victor Popa
doctor habilitat, professor, Free International University of Moldova


The thesis was presented on the 13 March, 2007
Approved by NCAA on the 19 April, 2007


Adobe PDF document0.11 Mb / in romanian


CZU [351:352] (0432) = 135.1 F 98

Adobe PDF document 0.76 Mb / in romanian
161 pages


constitution, public law, subjects of public law, public administration, central and local public administration, Government, mayor, local council, state, administrative – territorial units, local collectivities, local autonomy, patrimonial autonomy, patrimony, public dom ain, private dom ain, administrative propriety, public and private propriety, patrimonial rights, exclusive competence, constitution of local collectivities’ patrimony, delimitation of patrimony, the criteria of delimitation, national and local interest, expropriation, concession, right of administration, privatization, European standards


The present scientific research constitutes an analysis of doctrinaire realizations, a regulation mode and constitutional jurisdictional practice in the area of providing material and economical basis of local autonomy in Republic of Moldova. It is a study of the grade of conform ation of national legislation to the international one in the field of local autonomy; it is an analysis of opinions and studies which refer to the broached topic carried out by scientists from different states.

The given work is outlined to be one of the first autochthon study which, in the framework of public law, profoundly studies the theoretical and practical problem s of patrimonial relations between diverse levels of public administration through angle of the constitutional principals of decentralization and local autonomy. Especially in this study is accomplished a complex approach of the concept and content of patrimony of local administrations; was studied and elucidated the essence and main elements of theory of domeniality in regard to the legislative experience of Moldova; were established and analyzed the criteria of delimitation between the patrimony of state and administrative - territorial units, as well the criteria of the delimitation of the de different categories of goods belonging to local communities (public domain and private domain); were identified and analyzed the main legislative confusions, contradictions and gaps in the process of constitution of the patrimony of local communities and realization of the own patrimonial rights by local public authorities through diverse juridical forms: concession, administration, selling, privatization etc.

The necessity of analyzing of the patrimonial relations between different levels of public authorities through the angle of principals of local autonomy is imposed by the actual deficiencies existing in the functioning of system of local public administration, failures of multiples reforms carried out in this field in Moldova, an old legal framework full of confusions and gaps and lack of theoretical researches on this subject.

Analyzing the phenom enon under discussion it w as pointed out that the providing of financial and m aterial resources is one of the most important elements which is necessary for building and developing an effective system of local public administration and real local autonom y. N eglecting of conclusion and fact in the theory and legislative practice from Moldova, led to misrepresenting and transforming of the principals of decentralizations and local autonom y in som ething declarative and form al, without any practice relevance. In the present research some recom m endations are proposed regarding the am elioration of the situation in the field of providing the material basis of local autonomy form Moldova. Also, are elaborated a number of proposals of lege ferenda relative to im provem ent and modification of national legislation in the Moldova R epublic and adjustm ent de facto of it to international standards.