Insight SERBIA
motive for the state to sell such a company or to enter the public-private partnership as it in any case realizes certain amount of income from the State Lottery of Serbia without paying anything for its financing. Except if the potential investor would guarantee considerable improvement of operations and therefore more income for the state budget by a lump sum of money paid in advance?
MONOPOLY VS. CLASSIC GAMES OF CHANCE (PRIVATISATION ISN’T POSSIBLE) Article 87 of the Constitution of the Republic of Serbia defines the state property and it emphasizes the following:
"Natural wealth, goods defined by the law as being of general interst and the property used by the agencies of the Republic of Serbia are the state property. Other things and rights may as well be the state property, in accordnace with the law.
Physical and legal persons may acquire certain rights over certain goods that are in general use, under conditions and in the manner prescribed by the law "
Article 7 of the applicable Law on the Games of Chance defines the general interest and paragraph 1 says:
"Operation of the games of chance represents an activity of general interest for the Republic of Serbia and is an exclusive right of the Republic of Serbia, if not otherwise defined by this law.”
Article 8 of the same Law defines the transfer of rights on operation of the games of chance:
"Republic of Serbia may, in accordance with this law, transfer the right on operation of the games of chance to legal persons and entrepreneurs with the seats on the territory of the Republic of Serbia.
The right on operation of the games of chance from paragraph 1 of this article, in accordance with this law, is transferred on the basis of:
1. license 2. permit 3. concession
The license, permit or concession from paragraph 2 of this article may not be transferred to the third person.”
These three articles are crucial for understanding the question whether the State Lottery of Serbia can be privatised. Namely, Article 13 of the Law on the Games of Chance defines the kinds of games of chance existing in the Republic of Serbia. They are:
1. Classic games of chance 2. Special games of chance 3. Prizes in goods and services
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