Position of holders of right to return land in the procedure of restitution and lessee of land
2021
Rajnovi?, Ljiljana | Brljak, Zoran | Cico, Sne?ana | Subi?, Jonel | Vukovi?, Predrag | Andrei, Jean Vasile
In this paper, the authors analyze the status of the holder of the right to restitution of the confiscated land in relation to the holder of the right to lease the land subject to restitution and thus the rank of application of regulations on agricultural land in the restitution procedure in the Republic of Serbia. The return of property confis cated during the communist period is part of the transition process, which implies comprehensive changes in the state, including privatization of state-owned prop erty and market operations on the principles of private property and competition, but also a need to correct injustice to former owners. According to the regulations of the Republic of Serbia, restitution is mandatory, but in practice it is realized very slowly, especially when the subject of restitution is the return of agricultural land, although this process realizes one of the basic human rights of citizens, defined in the international agreement, the UN Universal Declaration of Human Rights, the right to free enjoyment of private property. In this paper, the authors analyze the conditions for the return of agricultural land e.g., the conflict of interest of the owner of the returned property and the holder of the right to lease on the returned property, and the implemented solutions in practice, on the example of a local government unit
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