EKSPROPRIJACIJA U ZAKONODAVSTVU REPUBLIKE SRPSKE

Abstract

Expropriation as a public law institute with private law elements plays a significant role in every social community, because in pursuit of protecting the general interest, it enables the satisfaction of numerous needs of citizens, while at the same time guaranteeing the preservation of individual rights and legal interests. In the Republika Srpska, this institute is regulated by the Law on Expropriation and special laws. In terms of procedure, expropriation can be viewed through three basic phases – determining the general interest, issuing a decision on expropriation and determining compensation for expropriated real estate, in addition to which other irregular procedural steps with important legal consequences for the position of the parties in the procedure may (appear) during the expropriation procedure. In this regard, the paper will specifically analyze certain positions from the case law.