News in English     | 10.02.2020. 10:14 |

"Circle 99" session – The state’s right to its own property is endangered

FENA Senka Trgovčević

SARAJEVO, February 10 (FENA) - At a session of the Association of Independent Intellectuals "Circle 99" held on Sunday, the BiH Attorney General Ismet Velić and Law School professor at the University of Sarajevo, Larisa Velić pointed to the state's right to protect its property as its right is endangered both inside and outside BiH.

“The most extreme example is the case of blocking and preventing the restitution of property of BiH through regulations on the prohibition of disposal and management of state property in Croatia,” said Ismet Velić.

According to him, protection of state property is only possible through adequate involvement of domestic and international institutions through the adoption of regulations at the state level that would prescribe the basic issues of property and state property and the use of available funds and the conduct of proceedings before domestic and international courts.

Adequate protection of state property, he recalls, is lacking in procedures for conversion of rights, the establishment of real estate cadaster in the entity of Republika Srpska or harmonization of cadaster and land registry data in the Federation of BiH.

Thus, as Professor Larisa Velić pointed out, in the Federation of BiH there is a specific problem of deleting the registered right in the land register with the simultaneous registration of the right in favor of the landlord, which has been registered in the cadaster.

In the RS, the problem arises within the procedures for establishing the real estate cadaster.

“We have a large number of cases in which property rights have been violated in such a way that persons who have been registered with certain rights in public records have been deleted and instead the entity of RS has registered itself as the owner. These persons are instructed to conduct proceedings and prove their rights, and whether and how they would exercise these rights remains to be seen,” says professor Velić.

She believes that BiH should start functioning as a conscientious state and to show that it respects itself as a state and its citizens.

“The absence of an adequate response from the state leads to the total loss of the property in question,” Velić concluded, adding that the property of BiH nationals located on the territory of Croatia is also not protected despite the 2001 Agreement on Succession Issues.

That is why the disputes before the courts in Croatia, as she emphasizes, turn unfavorably for us because Croatia is seeking to sign a bilateral agreement that should resolve the property relations between the two countries.

(FENA) S. R.

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