The Constitutional Court of BiH confirmed three times in its decisions that agricultural land, as good of general interest, is the property of the Republic of Srpska.
In these decisions, the Constitutional Court of Bosnia and Herzegovina stated that the agricultural land registered in the land registers and other public registers as state ownership is the real and factual property of the Republic of Srpska.
The newspaper states that the Constitutional Court of Bosnia and Herzegovina rejected three appeals of the first-born company “Ratar”, whose representatives sought compensation for the land expropriated during the construction of the highway.
– In the reasoning of the judgments, the Constitutional Court of BiH stated that “the appellant is not entitled to compensation for expropriated real estate because it is real property that is actually and actually owned by the Republic of Srpska with part 1/1” – it was stated in the reply.
The first decision was dated March 7, 2017, the second was dated April 19, the same year, and the third was dated April 10, 2018, and in all three the application of “Ratar” for compensation for expropriated land was rejected, stating that agricultural land used by OOUR “Ratar”, or ODPP “Ratar” Prnjavor, as a former social or state-owned enterprise, on which the appellant has no rights.
– Since the aforementioned agricultural land, as a good of general interest, was not subject to privatization, and that it is the property of Republic of Srpska that actually uses and manages it, the appellant is not entitled to compensation – all three decisions of the Constitutional Court of BiH are appealed “Ratar” dismissed as unfounded.
Banja Luka lawyer Ljiljana Stajič, who represented “Ratar” in all three cases, did not want to comment and link this appeal with the latest decision of the Constitutional Court of BiH declaring Article 53 of the Law on Agricultural Land of Republic of Srpska unconstitutional, stating that it was on the exclusive competence of BiH in regulating matters of state property.
– I have used all legal remedies and all three appeals of “Ratar” have been rejected, but you will understand that it is not polite or professional to comment on an appeal that has not yet been officially announced – Stajić said.
The inconsistency and political approach of the Constitutional Court of BiH was first pointed out by the Ministry of Agriculture, Forestry and Water Management of Srpska, stating that for purely political reasons the Constitutional Court of BiH issued a decision declaring Article 53 of the Law on Agricultural Land of Srpska unconstitutional.
Noting that they have not yet received the decision of the Constitutional Court of BiH, and will only give a final position when they receive it, the Ministry has stated that the decisions of the Constitutional Court of BiH in three cases confirmed that agricultural land, as a good of general interest, was not subject to privatization and that it is owned by Srpska.
– The Constitutional Court of BiH has, through its practice so far, clearly and unequivocally established that the decisions of the administrative bodies and the courts, declaring that the Serbian titular of agricultural land entered in the public records as state property, are sufficiently clear and logical and in accordance with substantive regulations and the BiH Constitution – allegations from this ministry.
PDP leader Branislav Borenović said the SDA has a tremendous influence on the BiH Constitutional Court when making decisions.
– This court has been skilfully managed in the earlier period and when it comes to the Republic of Srpska Day, even now with regard to agricultural land. It is frightening that SDA leader Bakir Izetbegović says he is using the court as a mechanism of his policy. Judicial institutions did not react to this, which is unacceptable – said Borenović.