Disponavimas Lietuvos Respublikai išimtine nuosavybės teise priklausančiais objektais

The Roman lawyers acknowledged that because of their natural features and social significance some things should belong to all people. It shows that public property is known from ancient times and now it exists in all contemporary states. Thus the Constitution of the Republic of Lithuania as the basis of Lithuanian economics declares private property and ensures other types and forms of property too. The narrowest category of public property - exclusive property of the state, which includes objects according to Civil Code taken out of circulation, is being analyzed in this final Master’s work. This topic was not researched in essence in Lithuanian law science. In order to show the way of disposing of the exclusive property of Lithuania there are several questions analyzed in this work: who is the real owner and who exercises property rights in this exclusive property relations. It was emphasized that the state should be handled as the especial subject of legal relations who use not only private but also various public law rules and empowerments. Furthermore the author tries to find out the features of the objects of the exclusive state property, the factors determining their special legal regulation and the possibilities to restrict disposal of those objects. According to the practice of Constitutional Court of the Republic of Lithuania and The Supreme Court of Lithuania the author points out, that some of the objects are absolutely essential for human physical, spiritual and economic well-being, they are fundamental to the welfare of society and future generations and also characterized as having unquestioned national significance. Hereunder normative acts provide appropriate restrictions, prohibitions and restraints on the possession, use and disposal of those objects. Consequently the fact that the rights of subjects realizing exclusive property right of the state are restricted by rules of law and by mandatory requirement do not violate public interests, is typical for exclusive property of the state.