Legal Importance of the Preliminary Stage of Expropriation for the Cause of Public Utility

Abstract

Expropriation for reasons of public utility is a subject very often debated in specialized literature, but it is noted that the contemporary doctrine has not extensively addressed such a current and present field before the courts, but only occasionally, an aspect that motivates us to study the issue of expropriation for reasons of public utility and especially the procedure prior to expropriation (administrative procedure). In the Republic of Moldova in recent years, the topic is all the more current as the economic situation and, by way of consequence, the social situation are inextricably linked to the development of the infrastructure, and as a relevant part of it, the network of public roads, highways, etc. The legislative ambiguities at the present time and the political involvement to a large extent in the sphere of public administration determine the realization of a detailed analysis of the main theoretical and practical problems existing in the field of patrimonial relations of public authorities and the finding of viable solutions. Compared to those mentioned above, the present work aims to study the "phenomenon" of expropriation for public use, namely the administrative procedure – prior to expropriation for public use in relation to the provisions of the normative acts in force. Scientific research is all the more necessary for the fact that this law complements the common law in the matter, namely the Civil Code of the Republic of Moldova, which can cause non-unitary jurisprudence and inequities in practice. The considerations presented in the research are not exhaustive, but they are likely to underline the actuality of the topic and its importance on a socioeconomic and legal level.