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RESTITUTION INSEPARABLE COMPONENT OF PROPRIETARY ESTABLISHMENT OF SOCIAL OWNERSHIP, & VUDI MODEL
Izvorni znanstveni članak
Decisions and behavior in countries of non-market economy in entirety of transition and creation of social, economic and state community have the most important historical meaning and are responsible for the manner of ownership regulation: 1) solution of cummulated illegitimacies during a longer period of time, 2) proprietary establishment of social ownership and 3) creation of legal security of ownership in future. A huge decision must be made in these countries: to make fundamentals for natural solution of ownership as real precondition for permanent peace and stable social and economic development and to ensure implementation of this process. Theoretical and historical comprehensions, stated political goals, established principles and criteria, defined strategic goals, developed model and proposals of legal solutions, initiated conclusion how Federation of Bosnia and Herzegovina ensured meaningful way and proper direction for realization of adequate solutions in proprietary establishment of social ownership. The imperative was that laws and implementation policy and methods should be at least at the level of established solutions in model. Unfortunatelly, legal provision about restitution has not been accepted yet. By this the model has not been in its entirety incorporated into legislation, it has been ruined in implementation section. There is vacuum and the model cannot function autonomously. Besides, other laws on privatization, five of them, were not followed through in determinants which establish terms, and that was important, not to say decisive for realization of meaningful model. At the same time from May 2000, the implosion of model and law have been strengthened by interventions of “final interpreter of civic part of Peace agreement”, Wolfgang Petritch, high representative. All these activities and failures: absence of restitution, deviation from legal terms and inconsistent model, penetration of “international community”outside its authority, made implementation of privatization, if it still exists, to get out of determined models and regulations. Privatization develops outside created and accepted model. It appeared legal uncertainty. There are considerable influences of unauthorized bodies and individuals. For example within restitution it develops individual restitution of wrested property to original owners, especially religious and national cultural associations, and that has been implemented by local authorities outside their warrant, without legal basis and system, depending upon the pressure of original owners and “good” will of policy and local functionaries. This makes even larger confusion in property, because there have been established new relations which are not legally based. It is sufficient to say that there is no legal basis and law for restituted property, as well as for establishment and land registration.
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Puni tekst (Hrvatski) Str. 801 - 814 (pdf, 83.53 KB)
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