LAW ON REPORTING AND RECORDING OF PROPERTY TAKEN AWAY

("Official Herald of the Republic of Serbia", No. 45/2005)

Article 1

The present Law shall regulate the procedure of reporting and recording of property that has been taken away in the territory of the Republic of Serbia without the market-value compensation or just compensation, by applying the regulations and acts of nationalization, land-reform, confiscation, sequestration, expropriation, and other regulations enacted and implemented after 9 March 1945.

Article 2

In terms of the present Law, property shall be understood to mean the right to own immovable and movable objects, as well as other property rights.

Article 3

The property reporting form, according to the provisions of the present Law, shall be filed by natural persons whose property has been taken away by applying the regulations referred to in Article 1 of the present Law (hereinafter: former owner) or by their heirs and/or legal successors.

The form specified in paragraph 1 of the present Article shall be filed with the Republic The Authority for Property of the Republic of Serbia (hereinafter: Authority), in two copies, directly or by registered mail, by using the POI Form printed together with the present Law and making its component part.

Files of the reported property - property register, shall be kept as a public and electronic data base.

Article 4

The provisions of the present Law shall not refer to former owners or their heirs, and/or legal successors whose right to compensation for the property taken away has been established by law or international treaty, and/or agreement, at the charge of a foreign state.

Article 5

Enclosed to the form specified in Article 3 of the present Law shall be:

1) a copy of the act of taking away of the property or other material evidence indicating the data relating to the property taken away, and the ground of deprivation;

2) evidence relating to the capacity of the applicant, if he is not a former owner (ruling on inheritance, and/or other evidence relating to legal succession in respect to the former owner, or the evidence relating to death of the person whose property has been taken away and evidence in respect to the relationship with such person);

3) other acts and data considered by the applicant as relevant for his identification and the identification of the property taken away.

A written receipt shall be issued of the effected filing of property within seven days, at the latest, from the day of filing referred to in Article 3 of the present Law.

Article 6

The form specified in Article 3 of the present Law may be filed until 30 June 2006, at the latest.

Article 7

The Authority shall keep records relating to the filed property on the ground of data indicated in the form referred to in Article 3 of the present Law, and data in possession of government authorities and organizations, agencies and organizations of territorial autonomy and local self-government units, public services and other agencies and organizations.

Article 8

Filing of property taken away in terms of the present Law shall not be considered as a request for putting into effect the right to restitution of the property taken away or a compensation for such property, but shall be the condition for filing such request in conformity with special law.

Article 9

The legal title and the rights relating to restitution of property or compensation on the ground of deprivation of property reported according to the provisions of the present Law, as well as the procedure initiated by the request for putting into effect the right to restitution of property that has been taken away, or the compensation for such property, shall be regulated by a special law.

The request for putting into effect the rights in accordance with special law referred to in paragraph 1 of the present Article may be filed only if the property taken away has been reported within the time limit specified in Article 6 of the present Law.

Article 10

The restitution of property taken away from churches and religious communities shall be regulated by special law.

Article 11

The present Law shall enter into force on the eighth day from the publication in the "Official Herald of the Republic of Serbia".

 

POI Form

 

Republic Authority for Property
of the Republic of Serbia
8, Gracanicka Street
11000 B e l g r a d e

 

APPLICATION FORM
FOR FILING PROPERTY TAKEN AWAY

In accordance with Article 3 of the Law on Reporting and Recording of Property Taken Away, I hereby submit the application form in respect to the property taken away:

DATA RELATING TO THE APPLICANT

 

name (parent's name) surname

 

PINC (citizen's personal identification number)

|_|_|_|_|_|_|_|_|_|_|_|_|_|

 

 

ADDRESS

 

MUNICIPALITY

 

 

DATA RELATING TO PROPERTY TAKEN AWAY

A) LEGAL TITLE, WAY AND TIME OF DEPRIVATION OF PROPERTY

 

 

 

 

B) IMMOVABLES

TYPE
(apartment, house, business premises,
land and the like)
AND SURFACE IN SQUARE METERS

LOCATION OF IMMOVABLES
(municipality, place, street, cadastre municipality)

DENOMINATION,
of the immovables
and/or name of person in possession

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C) MOVABLES

 

 

 

(type, quantity)

 

D) PROPERTY RIGHTS

 

 

 

(type, quantity)

 

Enclosed to the application form:

1.

Act relating to the deprivation of property or other material evidence indicating the data in respect to the property taken away or the ground of deprivation

2.

Evidence relating to applicant's capacity, if he is not a former owner ( a ruling on inheritance or proof of death of the person whose property has been taken away and the evidence relating to the relationship with that person)

3.

 

 

 

 

 

In __________________________, date _________________ Year

 

 

Applicant

 

________________________________

Note of the Authority: