Zakoni o katastru Republike Srpske: Političko poigravanje sa pravom na imovinu
Laws on Cadastre of Republika Srpska: Political fiddling with the right to property

Author(s): Ena Gotovuša
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Human Rights and Humanitarian Law, Public Law
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; BiH; RS; Law on Land Survey and Registry; legislation; amendment; property rights; human rights;
Summary/Abstract: Within a period shorter than one year, the National Assembly of Republika Srpska passed two laws on land registries (cadastres). The Law on Republika Srpska Land Registry has been passed on 22nd of February 2011,and all the matters in the jurisdiction of land property courts are now vested rights within the executive authorities – the Republic Administration for Geodesic and Property and Legal Affairs of RS. Besides this arguable provision, the Law assigns precedence to current state of affairs, thus protecting the person in possession of a property to make entry of entering the given property into the registry, which constitutes a direct violation of the right to property of real owner. Acting upon the application of a member of the BH Presidency, on 23rd September 2011, the Constitutional Court passed a decision on provisional measure suspending the enforcement of the contested law until a final decision by the Court. The National Assembly of Republika Srpska, in the aim of preventing further assessment of the compatibility of this Law with the Constitution, passed a new Law on Land Survey and Registry of Republika Srpska in an emergency procedure. The new legislation, likewise, assigns wide range of powers to the Republic Administration for Geodesic and Property and Legal Affairs of RS. This analysis focuses on the Law on Land Registry and the Law on Land Survey and Land Registry of Republika Srpska. The earlier amendments to the Law on Land Registry, and in particular the recently commenced procedure of amendments to the Law on Real Estate Rights corroborate the argument that the contested legislation aims at dispossessing and depriving of the property rights of evicted or displaced persons from Republika Srpska.

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