СТЕЧАЈНА НАЦИОНАЛИЗАЦИЈА (КОНФИСКАЦИЈА) У СРБИЈИ
INSOLVENCY PROCEEDINGS AS AN INSTRUMENT OF CONFISCATION

Summary/Abstract: The author points to two types of insolvency proceedings under Serbian law whereby the State appropriates assets of the debtor; the first one being the insolvency due to an insufficient value of assets; and the second, the insolvency of a debtor who has been insolvent for an extended period of time. The Constitution of the Republic of Serbia (2006) prohibits the State from depriving citizens of their property. Seizing someone’s assets as a forfeit by the public treasury may be allowed on two conditions, that must be fulfilled cumulatively: that there is public interest involved which justifies confiscation, and that the deprived receives just compensation. The author holds that the existing rules on insolvency proceedings run contrary to the Constitution, and give leeway to the State to confiscate assets of the insolvent debtors on unconstitutional grounds.

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