Denacionalizacija u Srbiji - de lege ferenda
Denationalisation in Serbia - de lege ferenda

Summary/Abstract: Denationalisation has been discussed in Serbia for almost a decade now and several unofficial drafts laws on denationalisation emerged and the possible legal solution of a future law have been discussed. The discussion has focused on the following questions: compatibility of denationalisation and privatisation, status and solvency of debtor, status and legitimacy of a user, the legal basis of denationalisation, modalities of restitution and compensation, credibility of securities in our circumstances, dynamic of restitution and compensation, status of third persons, including the problem of acquired rights, procedure of property restitution, and compensation, competences of authorities, as well as other numerous substantial and procedural issues of importance for the adop-tion and implementation of any future law. According to the experiences of others, the necessary factors for implementation of denationalisation are the following: political consciousness, economic power, social support, legal rules and adequate organisation of the state. When all these factors are fulfilled at the same time, it can be concluded that the issue of restitution and compensation is taken off the agenda and thus, only the questions of procedural technique and professional routine remain. It is evident that due to the obvious delay Serbia does not have time to wait for the cumulating of these factors. Serbia should show the political determination to solve the issue of denationalisation and prohibit immediately further selling of expropriated real estates and, at the same time, begin to compile records of expropriated property and pass a Law on the restitution and compensation.

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