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In the exercise of the powers vested in me 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 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”;
Recallingparagraph 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 the
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 (under sub-paragraph (c) thereof)
“measures to ensure implementation of the Peace Agreement throughout Bosnia and
Herzegovina and its Entities”;
Recalling further Article I:1 of the said Annex 10, referring
explicitly to the promotion of respect for human rights and the return of
displaced persons and refugees;
Consideringthe emphasis placed by the Peace Implementation Council on
accelerating refugee return and on ensuring full and non-discriminatory
implementation of the property laws of Bosnia and Herzegovina;
Considering further the need to ensure scarce housing resources are
allocated by the competent housing authorities pursuant to the relevant property
legislation, thus allowing timely implementation of the property laws while
providing housing care to those individuals whose housing needs are not
otherwise met;
Noting that the Ministry for Physical Planning and Environment of the
Federation of BiH has issued the Instruction on the Procedure of
Determination of the Temporary User’s Right to Revalidate a Contract on the Use
of the Apartment and On the Procedure of Control of the Revalidated Contracts On
Use of Apartments (FBiH OG 15/02), which establishes the procedures for
future revalidations and control of contracts on use of apartments;
Noting further that, by separate Decision No. 156/02 imposed by
the High Representative on 22 May 2002, the Instruction on Procedure of
Review of Concluded and/or Revalidated Contracts on Use of Apartments, which
will establish the procedures for reviewing revalidations of contracts on use of
apartments which have already taken place, will be put into force;
Taking into account my DecisionNo. 128 from 4 December 2001 (Official
Gazette of FBiH 56/01);
Having considered and borne in mind all the matters aforesaid, I hereby issue
the following:
DECISION
ON ESTABLISHMENT OF THE COMMISSIONS FOR CONTROL
OF CONCLUDED AND/OR REVALIDATED CONTRACTS ON USE OF APARTMENTS
Article 1
By this Decision is established the authority to establish Commissions for
Control of Contracts on Use of Apartments Concluded and/or Revalidated after 1
April 1992 (hereinafter: the Commissions), but prior to the entering into force
of the Decision on Amendments to the Law on the Cessation of Application of
the Law on Abandoned Property (Official Gazette of the FBiH, No. 56/01,
hereinafter: the Law) came in effect.
The composition, scope of work and other working issues related to the
Commissions shall be regulated by the Decision No. 156/02) Instruction on
Procedure for Review of Concluded and/or Revalidated Contracts on Use of
Apartments imposed by Decision of the High Representative on 22 May 2002.
Article 2
The following conclusion or revalidation of contracts on use shall be
exempted from review by the Commissions and from the procedure to revalidate a
contract on use of apartments in accordance with Article 18(c) of the Law:
1) contracts on use of apartments concluded
with a user of an apartment who was the occupancy right holder to the same
apartment prior to 1 April 1992, including situations where contracts on
use were destroyed or are missing, or where the name of the allocation right
holder or its housing community or fund has been changed;
2) contracts on use of apartments concluded or
revalidated based on the transfer of an occupancy right after the death of a
spouse where such spouse was the occupancy right holder of the same apartment
prior to 1 April 1992.
Article 3
In cases where contracts on use are concluded and/or revalidated in
contravention of the Law, and on the basis of such a contract the apartment has
been privatised and registered in the relevant land book, the Federal Public
Defender shall, within 60 days from identification of the violation, initiate
procedures to cancel registration of the ownership right at the competent court.
Article 4
The competent authority shall be fined 1000 to 5000 KM for the following
minor offences:
1. failure to establish the Commission
within the deadline stipulated in the Instruction;
2. failure to submit the requested
information in writing to the competent public defender or Commissions in
accordance with the Instruction;
3. conclusion or revalidation of
contracts on use in contravention of the provision of Article 18(c) of the
Law.
The responsible person in the competent authority shall be fined 500 to 5000
KM for violation of paragraph 1 of this Article.
The competent public defender shall be fined 1000 to 5000 KM for the
following minor offences:
1. failure to request information from the
competent authorities in accordance with Instruction;
2. failure to initiate procedures before the
court for cancellation of purchase contract signed on the basis of illegally
concluded and/or revalidated contract on use of apartment;
3. failure to initiate procedures before the
court for cancellation of ownership right registration in accordance with
Article 3 of this Decision.
The application of administrative sanctions shall not relieve from criminal
responsibility the responsible person in the competent authority for failure to
perform official duty.
Article 5
This Decision shall be published without delay in the Official Gazette of the
FBiH and shall enter into force on the date of such publication.
Sarajevo, 22 May
Wolfgang Petritsch
High Representative
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