The inspection measures on the categorized municipal road that runs along the property,
which is owned by private persons, is (un) lawful, if a municipal regulation that governs the
classification of municipal roads (not) consistent with the constitutional and (un) lawful.
The scope of the inspection supervision in the field of municipal roads was unexplored until
the completion of this master thesis, therefore, this work provides a new research position.
For verification of the hypotheses and their parts was used a combination of two or more
methods, in order to ensure greater reliability of the results. These methods were the
method of descriptor, method of compilation, comparative method, statistical method and
the other methods.
The municipalities were obliged to comply their regulation of municipal roads and regulation
of categorization of municipal roads with the basis of Law on roads (article 126) in one year
of its entry into force (from 1 April 2012), which is on average made only 4% of the
municipalities and not 70% of the municipalities, as raised by the hypothesis first and that
is one of the basic problems of carrying out inspection supervision in the field of municipal
roads. In addition to the above there, is a problem also 60% of non-executed and nonharmonised
municipal ordinance on the categorization of municipal roads with the decisions
of the constitutional court, even though the road runs through private land.
The insistence of the inspectorate authorities that they are teaking measures for ensuring
public interest are no longer refrain, if a municipality with land owners do not carry out any
activity that in his last acquired the land that are privately owned after undergoing
categorized municipal roads. Also the courts observe that the inactivity of the municipalities
can not be considered unlimited and arbitrary long.
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