DENACIONALIZACIJA I RESTITUCIJA
DENATIONALIZATION AND RESTITUTION
Author(s): Amir DehićSubject(s): Law, Constitution, Jurisprudence, Law on Economics
Published by: Pravni fakultet Univerziteta u Tuzli
Keywords: support; social property; state property; denationalization; restitution;
Summary/Abstract: The concept of the state from the earliest times implies the existence of certain categories of material values specific to each country as one of the most important preconditions for its survival. The issue of the legal status of state property is of a long-term nature, reflected above all through the accumulated unresolved historical and then political problems. The manner in which state property was created in Bosnia and Herzegovina is specific in that it meant encroachment into private property through “nationalization” measures, when entire land complexes became social property. Using a monopoly, the state apparatus used a whole set of measures, starting with confiscation, sequestration, nationalization, agrarian reform - colonization and expropriation, leaving the landowners without anything. However, the time distance did not completely bring that process to an end, considering that in the official land records we have real estate, land that is still managed as private property - the property of religious communities. In order for this process to end fairly, it is necessary to carry out restitution through the process of denationalization and restitution where possible, i.e. fair compensation if, due to objective circumstances, no other form of compensation for the former owners is possible
Journal: Zbornik radova Pravnog fakulteta u Tuzli
- Issue Year: 9/2023
- Issue No: 2
- Page Range: 55-72
- Page Count: 18
- Language: Bosnian