Lietuvos teritorijų planavimo sistema ir socialinė-ekonominė valstybės pertvarka

Lithuania declares it is establishing a democratic state and market economy. However, what is put into practice is not always exactly what is declared. The article analyses how the legal framework of territory planning corresponds to democracy and market economy principles, the two objectives of the Lithuanian state. The aim of the article is to clarify three major issues: (1) special provisions contained in the Constitution of the Republic of Lithuania providing a legal framework for territory planning along with their evaluation against similar instruments adopted by other European nations; (2) implementation of the principles of democracy in the framework of planning of territories in Lithuania; (3) exercise of freedom of a business enterprise by a private person, one of the most important subjects of market economy, within the framework of planning of territories in Lithuania. (1) The Constitution of the Republic of Lithuania in terms of a legal framework of territory planning. Two features of the Constitution are of an utmost importance to planning activity in Lithuania and make the Constitution distinct from similar instruments adopted by other West-European nations. Firstly, a social concept of the State is not implemented in the Constitution. Secondly, article 120 of the Constitution may by treated so, as if local municipalities in Lithuania do not belong to the State government system. The same article does not clearly deny that relations between the State (read the Government, the President’s Office and the Seimas) and local municipalities follow a support ("top-to-bottom") pattern instead of distribution of competence. (2) Implementation of the principles of democracy in the network of territory planning. Two institutions directly represent the general public in Lithuania. These are the Seimas and local municipality. The situation of a local municipality, as regards to local planning activity, is distinct in Lithuania: (a) the activity of a local. municipality in the field of planning is more restricted than in West-European countries (i.e. local municipalities are not entitled to own land or to change independently the so-called "principal use" of land); (b) the field of the activity of local municipalities is obscure in general. While some laws insist that local municipalities act independently, other laws contradict them by obliging municipalities to follow orders given by the central Government, failing to explain which particular orders are supposed to be followed, and how and when. (3) Implementation of a freedom of private business enterprise within the framework of territory planning in Lithuania. Public restrictions on the freedom of a private business enterprise are not consistently transparent. It is a major encumbrance in the development of a business enterprise. On the one hand, the Lithuanian planning laws and regulations do mention the necessity to indemnify private persons against any damages arising from planning restrictions. On the other hand, it is public institutions that are responsible for setting the terms and conditions of indemnification. Thus, exercising of rights by private persons is made dependent on the prejudice of public servants. The article ends up with a conclusion that the current legal framework of territory planning in Lithuania, when assessed in terms of implementation of democracy and market economy, leaves extensive gaps where major strengthening is needed.