Post
Postao/la Herceg » 27 apr 2026 16:33
Doslo je do mene kako Schmidt misli nametnut zakon o drzavnoj imovini, valjda radi amerikanaca... interessantan slucaj ... jos se nezna kad i kako ce se objavit ali valjda ce vako izgledat... neznam dali je ovo sto posto autenticno ali izgleda ozbiljno
OFFICE OF THE HIGH REPRESENTATIVE
Ured visokog predstavnika / Канцеларија високог представника
OHR/HR/D-[xxxx]/[xx]
DECISION
ENACTING THE LAW ON STATE PROPERTY
OF BOSNIA AND HERZEGOVINA
("Zakon o državnoj imovini Bosne i Hercegovine" /
"Закон о државној имовини Босне и Херцеговине")
The High Representative for Bosnia and Herzegovina, acting in pursuance of the authority vested in the High Representative by Article V of Annex 10 (Agreement on Civilian Implementation of the Peace Settlement) to the General Framework Agreement for Peace in Bosnia and Herzegovina, according to which the High Representative is the final authority in theatre regarding interpretation of the said Agreement on the Civilian Implementation of the Peace Settlement; and considering in particular Article II.1.(d) of the last said Agreement, according to the terms of which the High Representative shall "facilitate, as the High Representative judges necessary, the resolution of any difficulties arising in connection with civilian implementation";
Recalling paragraph XI.2 of the Conclusions of the Peace Implementation Conference held in Bonn on 9 and 10 December 1997, in which the Peace Implementation Council welcomed the High Representative's intention to use his final authority in theatre regarding interpretation of the Agreement on Civilian Implementation of the Peace Settlement, in order to facilitate the resolution of any difficulties as aforesaid "by making binding decisions, as he judges necessary" on certain issues including measures to ensure implementation of the Peace Agreement throughout Bosnia and Herzegovina and its Entities;
Recalling and reaffirming the Decision of the High Representative of 27 March 2002 enacting the Law on the Temporary Prohibition of Disposal of State Property of Bosnia and Herzegovina, as amended by the Decision of the High Representative of 13 April 2022 ("Official Gazette of BiH", No. 30/02, 29/06, 85/06, 32/07, 41/07, 74/07, 99/07, 58/08, and 30/22);
Bearing in mind the Decision of the Constitutional Court of Bosnia and Herzegovina No. U-1/11 of 13 July 2012, in which the Constitutional Court established that Bosnia and Herzegovina is the title holder of State Property, and that the exclusive responsibility of Bosnia and Herzegovina, i.e. its Parliamentary Assembly, to regulate the issue of State Property derives from Article I(1), Article III(3)(b) and Article IV(4)(e) of the Constitution of BiH;
Considering further that the Constitutional Court of BiH reiterated these principles in subsequent decisions dealing with agricultural land (U-8/19), rivers and water resources (U-9/19) and forests and forestland (U-4/21), each of which confirmed the exclusive competence of the state level to regulate rights of ownership and management over State Property;
Noting that the Parliamentary Assembly of Bosnia and Herzegovina has failed, over a period of more than two decades following the entry into force of the General Framework Agreement for Peace, to adopt legislation governing the ownership, management and disposal of State Property, notwithstanding the clear constitutional obligation to do so and repeated calls from the High Representative, the Peace Implementation Council Steering Board, and relevant international bodies;
Noting further that this legislative vacuum has produced severe and ongoing economic consequences for Bosnia and Herzegovina as a whole, including the blockage of infrastructure projects of national and regional significance — including road construction, railway development, energy transmission infrastructure, and gas interconnection projects — estimated to represent in excess of 15 billion euros in suspended investment;
Recognising that in the current political context it is not realistic to expect that a comprehensive legislative solution can be achieved at the state level through the regular parliamentary procedure with the consent of all political actors, and that it is therefore necessary for the High Representative to act so as to prevent further economic harm to the citizens of Bosnia and Herzegovina and to fulfil the objectives of the General Framework Agreement for Peace;
Recognising nonetheless that the resolution of State Property must, in the long term, be achieved through a process of inclusive dialogue among all levels of authority in Bosnia and Herzegovina, and that the present Law establishes a framework which creates the conditions necessary for such a process while ensuring the integrity of State Property in the interim;
Having considered, borne in mind and noted all the matters aforesaid, the High Representative hereby issues the following:
DECISION
1. The Law on State Property of Bosnia and Herzegovina which follows and which forms an integral part of this Decision shall enter into force on the eighth day following its publication in the Official Gazette of Bosnia and Herzegovina, on an interim basis until such time as the Parliamentary Assembly of Bosnia and Herzegovina adopts this Law in due form, without amendment and with no conditions attached.
2. This Decision shall come into effect immediately upon signature and shall be published without delay in the Official Gazette of Bosnia and Herzegovina and in the Official Gazettes of the Entities and of the Brčko District of Bosnia and Herzegovina.
3. The Law on the Temporary Prohibition of Disposal of State Property of Bosnia and Herzegovina, as amended, shall cease to have effect upon entry into force of this Law, except as otherwise provided in Article 43 hereof.
Christian Schmidt
High Representative
Sarajevo, [date]
LAW ON STATE PROPERTY OF BOSNIA AND HERZEGOVINA
("Zakon o državnoj imovini Bosne i Hercegovine")
CHAPTER I — GENERAL PROVISIONS
Article 1 — Subject Matter
This Law regulates: the definition and scope of State Property of Bosnia and Herzegovina; the inscription of ownership rights in land registry and cadastral records; the principles and rules governing ownership, disposal and management of State Property; the establishment and maintenance of the Unified State Property Register; the conditions for disposal, management, use and grant of use of State Property; the subjects of State Property rights; the planning of disposal of State Property; the establishment of the Directorate for State Property Management; the valuation, protection and legal representation in relation to State Property; and other matters of significance for the disposal, use and management of State Property of Bosnia and Herzegovina.
Article 2 — Definitions
For the purposes of this Law:
(a) "State Property" means all immovable and movable property, natural resources, and rights of pecuniary value that fell to Bosnia and Herzegovina pursuant to the Agreement on Succession Issues of the former Socialist Federal Republic of Yugoslavia of 2001, and all property over which the right of disposal and management was held by the former Socialist Republic of Bosnia and Herzegovina as of 31 December 1991, including but not limited to: rivers, lakes and water resources; forests and forestland; agricultural land; public roads, streets and squares; railway, electrical transmission, telecommunications and other networks and infrastructure; military property; and the airspace;
(b) "Directorate" means the Directorate for State Property Management established pursuant to Article 20 of this Law;
(c) "Unified Register" means the Unified State Property Register established pursuant to Article 18 of this Law;
(d) "Authorised Entities" means Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, Republika Srpska, and the Brčko District of Bosnia and Herzegovina, as well as cantons and municipalities acting within their respective constitutional competences;
(e) "Infrastructure Project" means a project for the construction, reconstruction, maintenance or operation of public roads, railways, airports, energy transmission systems, gas pipelines, oil pipelines, electrical power generation and distribution facilities, water supply systems, telecommunications networks, and other works serving public purposes, as determined by the Council of Ministers of Bosnia and Herzegovina;
(f) "Concession" means a time-limited right to use and exploit State Property for a defined purpose, granted in accordance with this Law and with applicable concession legislation.
Article 3 — Title to State Property
(1) Bosnia and Herzegovina is the exclusive title holder of State Property, as the legal successor of the Socialist Republic of Bosnia and Herzegovina. No legislative act of an Entity, canton, municipality or other sub-state authority may alter, transfer, encumber or otherwise affect the title of Bosnia and Herzegovina over State Property.
(2) The Entities, the Brčko District, cantons, municipalities, public enterprises, public institutions and other sub-state authorities (hereinafter: sub-state authorities) may hold in ownership such immovable and movable property as is necessary for the exercise of their individual constitutional competences, to the extent authorised by this Law or by specific legislation adopted by the Parliamentary Assembly of Bosnia and Herzegovina.
(3) Nothing in this Law shall be construed as precluding the transfer of ownership rights over specific items of State Property to sub-state authorities, where such transfer is determined by the Council of Ministers of Bosnia and Herzegovina in accordance with Article 14 of this Law.
Article 4 — Constitutional Basis
The constitutional basis for this Law is found in Article I(1), Article III(3)(b) and Article IV(4)(e) of the Constitution of Bosnia and Herzegovina, under which the Parliamentary Assembly of Bosnia and Herzegovina has the exclusive competence to regulate State Property, as confirmed by the decisions of the Constitutional Court of Bosnia and Herzegovina in cases U-1/11, U-8/19, U-9/19 and U-4/21.
CHAPTER II — PROHIBITION OF DISPOSAL; TRANSITIONAL REGIME
Article 5 — Lifting of General Prohibition
(1) The general prohibition on disposal of State Property, as established by the Law on the Temporary Prohibition of Disposal of State Property of Bosnia and Herzegovina and maintained by successive decisions of the High Representative, is hereby lifted, subject to the conditions and procedures set out in this Law.
(2) Disposal of State Property — whether by way of sale, exchange, long-term lease, concession, establishment of rights in rem, or otherwise — shall be permitted only in accordance with this Law.
(3) Any transaction, administrative decision, or legislative act of a sub-state authority purporting to transfer, encumber or alienate State Property otherwise than in accordance with this Law, or previously concluded in violation of the prohibition referred to in paragraph (1), shall be null and void and without legal effect.
Article 6 — Continuation of Existing Use
(1) Sub-state authorities, public enterprises and other legal entities that on the date of entry into force of this Law are using State Property on the basis of lawful administrative decisions, contracts, or established practice, may continue such use pending registration in the Unified Register and conclusion of a use agreement pursuant to Article 16 of this Law.
(2) Within twenty-four (24) months of the entry into force of this Law, all sub-state authorities shall submit to the Directorate a complete inventory of State Property in their use, in the form and according to the procedure established by the Directorate.
(3) Failure to comply with paragraph (2) shall not extinguish the right of Bosnia and Herzegovina over the relevant property and shall give rise to the sanctions set out in Article 40 of this Law.
CHAPTER III — INFRASTRUCTURE PROJECTS; SPECIAL REGIME
Article 7 — State Interest in Infrastructure
(1) The construction and operation of Infrastructure Projects as defined in Article 2(e) is hereby declared to be in the state interest of Bosnia and Herzegovina.
(2) Where State Property is required for the execution of an Infrastructure Project, the relevant sub-state authority may proceed with the project upon notification to the Directorate and registration of the project in the Unified Register, without the requirement for prior transfer of title, subject to the conditions of this Chapter.
(3) The right of Bosnia and Herzegovina as title holder over State Property used in Infrastructure Projects is not diminished or extinguished by the grant of use under this Chapter. Title shall revert to the full disposition of the state level authority upon conclusion or abandonment of the project.
Article 8 — Infrastructure Concessions
(1) The Council of Ministers of Bosnia and Herzegovina, acting on a proposal from the Directorate and following consultation with the relevant Entity or Brčko District government, may grant a concession over State Property for the construction, operation and maintenance of Infrastructure Projects, to a public or private entity.
(2) Concessions granted pursuant to this Article shall be for a defined term not exceeding fifty (50) years, and shall specify: the scope of the State Property subject to the concession; the nature and timeline of the works; the financial obligations of the concessionaire; the rights of the state and sub-state authorities; and conditions for termination.
(3) Sub-state authorities may be authorised by the Council of Ministers to administer concession procedures on behalf of the state, for projects falling within their territorial competence, subject to binding guidelines issued by the Directorate. Any such delegation does not affect the title of Bosnia and Herzegovina.
(4) Concessions granted by sub-state authorities over State Property prior to the entry into force of this Law shall be reviewed by the Directorate within eighteen (18) months. Those found to be compatible with this Law shall be registered in the Unified Register and remain valid. Those found to be incompatible shall be terminated or renegotiated in accordance with procedures established by the Directorate.
Article 9 — Emergency Infrastructure Authorisation
(1) In cases of urgency, where delay would significantly prejudice a project of national or regional significance, the Chair of the Council of Ministers may issue a provisional authorisation for the use of State Property, valid for a period not exceeding six (6) months, pending the regular procedure under Article 8.
(2) A provisional authorisation may be extended once for an additional period not exceeding six (6) months by decision of the Council of Ministers, acting on the recommendation of the Directorate.
CHAPTER IV — MANAGEMENT AND DISPOSAL
Article 10 — General Principles of Management
State Property shall be managed on the basis of the following principles: legality; transparency and public accountability; protection of state sovereignty and territorial integrity; economic efficiency and value maximisation for all citizens of Bosnia and Herzegovina; environmental sustainability; and equal treatment of all administrative levels consistent with their constitutional competences.
Article 11 — Competence of the Council of Ministers
(1) The Council of Ministers of Bosnia and Herzegovina is the supreme authority for the management and disposal of State Property, acting through the Directorate established under Chapter V of this Law.
(2) Decisions of the Council of Ministers on disposal of State Property shall be published in the Official Gazette of Bosnia and Herzegovina and shall be final, subject to review by the Constitutional Court of Bosnia and Herzegovina.
Article 12 — Conditions for Disposal
(1) Disposal of State Property by way of sale, long-term lease, or permanent transfer of rights is permissible only where: (a) the property is no longer required for the exercise of state-level functions; (b) the disposal serves a demonstrable public interest; (c) the transaction is conducted at market value as established by independent valuation; and (d) the Council of Ministers has approved the disposal by majority decision, following a recommendation by the Directorate.
(2) Disposal of State Property that constitutes a natural resource — including rivers, forestland or agricultural land — shall, in addition to the conditions in paragraph (1), require approval by the Parliamentary Assembly of Bosnia and Herzegovina.
(3) State Property may not be disposed of for a consideration that is less than the independently assessed market value, save where the disposal is in favour of another Authorised Entity for the purpose of exercising its constitutional functions.
Article 13 — Short-Term Lease and Grant of Use
(1) The Directorate may grant short-term leases or rights of use over State Property for periods not exceeding five (5) years, renewable once. Leases or grants of use for purposes other than Infrastructure Projects may not exceed five years in total duration.
(2) Sub-state authorities may enter into short-term agreements for the use of State Property within their competence, subject to notification to the Directorate and registration in the Unified Register, in accordance with guidelines issued by the Directorate.
Article 14 — Transfer of Ownership to Sub-State Authorities
(1) The Council of Ministers may propose to the Parliamentary Assembly of Bosnia and Herzegovina the transfer of ownership over defined items of State Property to Authorised Entities, where such transfer is necessary for the effective exercise of the constitutional functions of the relevant authority.
(2) Such proposals shall be accompanied by: an independent valuation; an assessment of the impact on State Property as a whole; and a recommendation from the Directorate. Transfer shall not include natural resources as defined in Article 12(2), save by explicit law.
(3) Transfer of ownership shall take effect upon adoption of specific legislation by the Parliamentary Assembly of Bosnia and Herzegovina in accordance with Article IV of the Constitution of BiH.
CHAPTER V — UNIFIED STATE PROPERTY REGISTER AND DIRECTORATE
Article 15 — Obligation of Registration
(1) All State Property shall be entered in the Unified State Property Register. Registration in the Unified Register is a precondition for lawful use, disposal or management of State Property by any public or private entity.
(2) The Directorate shall, within thirty-six (36) months of its establishment, conduct a comprehensive survey of State Property and complete the initial population of the Unified Register, in cooperation with all sub-state authorities and on the basis of the 2009 inventory conducted under the auspices of the Office of the High Representative.
Article 16 — Use Agreements
Sub-state authorities currently using State Property for the exercise of their constitutional functions shall, within twenty-four (24) months of entry into force of this Law, conclude a formal Use Agreement with the Directorate. Use Agreements shall specify the items of property, the purpose of use, the conditions of maintenance, and the financial contribution, if any, payable by the sub-state authority to the state budget.
Article 17 — Establishment of the Directorate for State Property Management
(1) There is hereby established the Directorate for State Property Management of Bosnia and Herzegovina (hereinafter: the Directorate), as a body of the Council of Ministers of Bosnia and Herzegovina.
(2) The Directorate shall be headed by a Director appointed by the Council of Ministers, following a public competition, for a term of four (4) years, renewable once. The Director shall not hold any other public or political office during their mandate.
(3) The Directorate shall be composed of staff drawn equitably from the three constituent peoples and from the Others, in a manner consistent with the general framework for representation in state-level institutions.
(4) The Directorate shall be organised in the following divisions: (a) Register and Documentation; (b) Concessions and Infrastructure; (c) Valuation and Analysis; (d) Legal Affairs and Enforcement; (e) Inter-Authority Coordination.
Article 18 — Functions of the Directorate
The Directorate shall:
(a) establish, maintain and publicly publish the Unified State Property Register;
(b) prepare and submit to the Council of Ministers proposals for disposal, concession and management of State Property;
(c) conclude Use Agreements with sub-state authorities pursuant to Article 16;
(d) review and register concessions granted by sub-state authorities over State Property, pursuant to Article 8(4);
(e) conduct or commission independent valuations of State Property;
(f) institute proceedings before competent courts for the recovery of unlawfully alienated or occupied State Property;
(g) issue binding guidelines for sub-state authorities on the management and use of State Property;
(h) report annually to the Parliamentary Assembly of Bosnia and Herzegovina and to the Council of Ministers on the status of State Property;
(i) cooperate with international organisations and the Office of the High Representative in matters relating to State Property.
Article 19 — Advisory Board
(1) An Advisory Board of the Directorate is hereby established, composed of two representatives of each Entity government and two representatives of the Brčko District, and two representatives of the Council of Ministers of Bosnia and Herzegovina. Representatives shall serve for four-year terms aligned with the mandate of the Director.
(2) The Advisory Board shall be consulted on all proposals for disposal of State Property and on annual work programmes of the Directorate. Its opinions shall be advisory and non-binding, but shall be included in all submissions to the Council of Ministers.
(3) The Advisory Board shall meet at least quarterly. Meetings may be convened by the Director or by the request of any two Entity representatives.
CHAPTER VI — PROTECTION OF STATE PROPERTY; ENFORCEMENT
Article 20 — Restitution of Unlawfully Alienated Property
(1) Where State Property has been unlawfully transferred, registered, sold or otherwise alienated prior to or following entry into force of this Law, such transaction shall be void ab initio. The Directorate shall, on its own initiative or upon complaint, institute proceedings before the competent courts for restitution.
(2) Public officials, elected representatives and civil servants who authorised, executed or facilitated the unlawful alienation of State Property shall bear personal civil and criminal liability in accordance with applicable law. The Directorate shall refer all such cases to the competent prosecutorial authorities.
(3) Third parties who acquired property in good faith and for value from a sub-state authority or private party without knowledge that the property constituted State Property may apply to the Directorate for compensation in lieu of restitution. Compensation shall be assessed at fair market value.
Article 21 — Prohibition on Encumbrance
No public authority, public enterprise, institution or private party may establish any mortgage, pledge, lien or other encumbrance over State Property, unless expressly authorised by the Council of Ministers acting on the recommendation of the Directorate. Any such encumbrance established without authorisation shall be void and of no legal effect.
Article 22 — Consequences for Non-Compliance
(1) Any person, whether natural or legal, who disposes of, encumbers or unlawfully occupies State Property in violation of this Law shall be liable to administrative sanctions imposed by the Directorate, including financial penalties of between 5,000 KM and 500,000 KM per violation.
(2) Where the violation is committed by or on behalf of a public authority, the Directorate shall notify the competent supervisory bodies and, where applicable, the Office of the High Representative.
(3) The pendency of administrative proceedings shall not preclude simultaneous criminal proceedings pursuant to the applicable criminal codes of Bosnia and Herzegovina and the Entities.
CHAPTER VII — FINANCIAL PROVISIONS
Article 23 — Revenues from State Property
(1) Revenues derived from the use, lease, concession or disposal of State Property shall be paid into the budget of the Institutions of Bosnia and Herzegovina, unless otherwise specifically provided by a decision of the Council of Ministers of Bosnia and Herzegovina adopted in accordance with this Law.
(2) The Council of Ministers may, by regulation, establish a mechanism for the distribution of a defined proportion of revenues to the Entity or sub-state authority on whose territory the relevant property is situated, in recognition of the administrative burden and local public interest arising from the use of such property.
(3) Within twelve (12) months of the establishment of the Directorate, the Council of Ministers shall adopt a Regulation on the Distribution of State Property Revenues, following consultation with the Advisory Board.
Article 24 — Financing of the Directorate
The initial establishment costs of the Directorate, estimated at 3,000,000 KM, shall be financed from the budget of the Institutions of Bosnia and Herzegovina. The Council of Ministers shall, within sixty (60) days of entry into force of this Law, adopt the necessary budgetary instruments to ensure the operationality of the Directorate.
CHAPTER VIII — TRANSITIONAL AND FINAL PROVISIONS
Article 25 — Transitional Period
(1) Sub-state authorities that, on the date of entry into force of this Law, are exercising functions over State Property on the basis of legislation subsequently found to be incompatible with this Law, shall be granted a period of twenty-four (24) months from the date of such finding to regularise their position in accordance with this Law.
(2) During the transitional period referred to in paragraph (1), existing arrangements may continue on an interim basis, provided that the relevant sub-state authority cooperates in good faith with the Directorate towards regularisation.
Article 26 — Repeal
The Law on the Temporary Prohibition of Disposal of State Property of Bosnia and Herzegovina (Official Gazette of BiH, No. 18/05, with subsequent amendments) shall cease to have effect upon the entry into force of this Law, except that provisions relating to the prohibition of disposal of natural resources under that Law shall remain in force until a Use Agreement has been concluded pursuant to Article 16 of this Law with respect to the relevant property.
Article 27 — Relationship with Entity Legislation
Any provision of Entity, cantonal or municipal legislation that is inconsistent with this Law shall, to the extent of the inconsistency, be without legal effect. The Entities and other sub-state authorities shall, within twenty-four (24) months of the entry into force of this Law, bring their legislation into conformity with this Law and notify the Directorate accordingly.
Article 28 — Entry into Force
This Law shall enter into force on the eighth day following its publication in the Official Gazette of Bosnia and Herzegovina.
— End of Decision and Law —
Published in: Official Gazette of Bosnia and Herzegovina No. [ xxx ]/[xxxx]