What is the situation with the national property register in Bosnia and Herzegovina? – Sarajevo Time

With regard to state property, the authorities of the Federation of Bosnia and Herzegovina (FBiH) often attempt to seize state jurisdiction. There are many examples of attempts by all authorities of this entity to legalize the sale of state property. However, few want to talk about it, make accusations, or try to prevent such intentions. Butthose who want to sell state assets have a mitigating circumstance because a registry of state assets does not exist in our country.

Namely, the sale of 330,000 square meters of land in the municipality of Grude was discussed by the municipal councilors a few months ago during one of the sessions. As justification, they mentioned making valuable investments. There arecould be there is no dispute that this was not a sale of state land. This was pointed out by some advisers.

“By inspecting the cadastre documentsit is clear that this land is treated as forest land and does not belong to the municipality of Grude, but is registered as state property, and theParliamentary Assembly of BiH (PABiH) has never passed a law regulating the use of state lands,” Noted Vlado Rasic, SDP Advisor at the Grude municipal Council.

Verdicts are binding, not just for Republika Srpska (RS)but also for the FBiH. State property is protected by the Law on Temporary Prohibition of Disposal of State Property, underline Larisa Velic, professor at the Faculty of Law of UNZE, but There are examples in the Federation where a canton, such as Western Herzegovina Cantondecides to declare cantonal state assets.

“The Constitutional Court of the Federation, since this is a decision, refused to make a decision on this issue, so they did not comment, but we have decisions from the Constitutional Court of Bosnia -Herzegovina which are quite clear., and what applies to RS also applies to the Federation. It means that the issue of state ownership can be resolved and regulated at BiH level, ” indicateed on Velivs.

Anot state real estate includes rivers, forests, building and agricultural land, military property, and many real estate and facilities. Soif the sale of State assets is prohibited to RS, this should not be allowed in the FBiH either. Precisely because of the sale of agricultural land, in the Federal Parliament the SDP launched an initiative to change the law on agricultural land, since the current one does not comply with the verdicts. They didn’t want to talk about exact location.

Experts say the problem and sporadic legal proceedings are linked to yousuction. The FBiH Supreme Court decision of 1995 states that the right of ownership over state propertythat is to say certain goods can be acquired by yousuctionfor a period of 10 or 20 years.

“However, this law on the temporary prohibition of disposal of state assets applies to all such properties, and according to this law, these properties should not be subject to any legal proceedings, but the fact is that it always happens”, ToldpProfessor Velic.

Thus, the experts conclude that the property of the State must remain the property of BiHand the state can only determine the right forentities or cantons to use it.

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