ПРИВРЕМЕНА УПРАВА УЈЕДИЊЕНИХ НАЦИЈА НА КОСОВУ И МЕТОХИЈИ И ЗАШТИТА ИМОВИНСКИХ ПРАВА
THE UNITED NATIONS INTERIM ADMINISTRATION MISSION IN KOSOVO AND METOHIA AND PROTECTION OF PROPERTY RIGHTS

Summary/Abstract: In this study, the author illustrates key issues of the process of peace building in Serbia's province of the Kosovo and Metohia, which process takes places through mandate of the Secretary-General Special Representative based on the UN Security Council Resolution 1244. The author describes gradual transfer of executive and legislative powers of the Secretary-General Special Representative to the Kosovo and Metohia's local institutions through the UN Interim Administration Mission supports. He gives explanations regarding the negative consequences of legislative power of the UNMIK, which manifested in violation of both – private and public property rights. Since persons of non-Albanian nationality, and especially the internally displaced persons, have been discriminated in the so called "privatization process", UNMIK main tasks – the promotion of economic prosperity, support toward reconstruction of key infrastructure, the maintaining of civil law and order, promoting the respect for the rule of law, human rights and the rights of all communities – couldn't be solve. The author concludes that the fundamental human rights of individual categories of persons were violated through UNMIK legislative regulations. These problems continue to cause legal difficulties and more progress need to be made in this sensitive area for reconciliation which should be unifying basis for establishment legal society. For that reasons, the author assumes that participation in democratic governance in Kosovo and Metohia predicted common agreement for re-examination of all UNMIK restrictive legislative acts. It could contributes to the settlement of situations which caused damage to the interests of Serbia and it's natural and legal persons and which should be based on the restitution of acquired property rights. Otherwise, the main actors involve in administration in the Kosovo and Metohia cannot always hide behind the United Nations Interim Mission and they may be held to be unlawful if their acts may be imputed to their activities. Regarding legitimacy and accountability of all acts ot the Provisional Self-Government Institutions of Kosovo, UN administration hold primordial responsibility.

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