KONTINUITET DRŽAVNE IMOVINE BiH
CONTINUITY OF THE STATE PROPERTY OF BiH

Summary/Abstract: More than twenty years have passed since the independence of BiH and almost seventeen years have passed since the signing of the Dayton Peace Accord but no end is in sight when it comes to the resolution of legal status of the BiH State property. The inherited system of social ownership showed all deficiencies and it is was necessary to conduct re-composition of the concept of ownership over things owned by the State. The legal transactions - the privatisation of social ownership were partially unblocked by the privatisation of the State capital. The Entities, by disorganised taking over of the State property for their own needs, started usurping the State property an thus derogating from the State as an active subject in ownership-legal relations regarding the State property with no valid legal basis, except for being an integral part of BiH. Assigning a portion of the State property for the needs of Entities is required according to the Constitution. However, according to the Constitution, the State has supremacy over the State property when compared to any level authority. By singing the International Agreement on Succession Issues the successor states have recognised each other’s continuity of ownership over the State property within their respective borders and that is the second in row agreement of international character, which qualifies the State as an active title holder of the State property and a signatory party to the agreements on international rights and obligations for which, inter alia, the State property may serve as a guarantee. Undefined legal situation relating to the right of disposal and right of managing the real property owned by the State leaves ample room for dilemmas as regards strengthening of legal protection, without taking into account the present bans on disposal issued by the High Representative for BiH. Undertaking concrete steps by domestic institutions both with regards to protection of the State property and acquiring financial gain from it will be postponed for some better times. The condition for access to the Euro-Atlantic integration processes is that BiH defines the legal status of the State-property which will improve the reputation of State on international level and attract foreign investments.

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