The Minister of Agriculture, Forestry, and Water Management of Republika Srpska, Savo Minić, stated that the interim measure issued by the Court of BiH, prohibiting Republika Srpska from carrying out investment works and deforestation at the Vučiji Most site on Jahorina, has no legal effect.
Minić emphasized that the decision by the Court of BiH is baseless and that procedural conditions necessary for the decision to obligate Republika Srpska have not been met.
“The defendant is Republika Srpska, which in this case has absolutely no passive legal standing,” Minić told Srna.
He clarified that the properties subject to the ban have been reclassified in accordance with the laws of Republika Srpska. Furthermore, under the Law on Property Rights, these immovables have been transferred for the development of the Jahorina complex, investments, and other positive initiatives for Republika Srpska.
“The purchase price has been paid, and as legal professionals know, ownership rights are acquired through legal transactions and registration in land registers, which has been completed. The said properties are now registered under a different owner,” Minić explained.
He pointed out that the Court of BiH is continuing a procedurally baseless case and issuing a court measure to prohibit deforestation, which is to be served on Republika Srpska, despite the entity no longer being a party to the case or the owner of the said immovables.
“This is a transparent example of the Court of BiH executing specific orders and pursuing cases regardless of the absence of basic procedural prerequisites for such proceedings,” the minister stated.
Minić questioned the validity of the Court’s decision, considering the privatization of the properties in question.
He added that ownership rights over immovables in Republika Srpska and the Federation of BiH are undisputed and noted that Republika Srpska does not contest anything in the Federation. He mentioned that a few thousand cadastral parcels were supposed to be subject to agreements regarding military assets classified as strategic or non-strategic.
Minić described the Court’s decision as part of a broader attack aimed at Republika Srpska.
He noted that both the Court of BiH and the Attorney General’s Office are aware and can access land registers, which are public, to confirm that the properties in question are not registered under Republika Srpska.
“This decision is procedurally baseless. Republika Srpska lacks passive legal standing, and yet the Court initiates cases involving Republika Srpska as the defendant or any of its institutions, pursuing them to completion regardless of the lack of procedural conditions or the unenforceability and absurdity of the decisions,” Minić argued.
He highlighted that legal professionals understand the context and that such decisions could call into question all past activities regarding immovables, privatization, and the construction of public institutions, facilities, and roads.
“Of course, this decision has no legal effect on Republika Srpska because the procedural conditions for it to bind the entity have not been met,” Minić concluded.
The Court of BiH issued an interim measure prohibiting Republika Srpska from carrying out investment works and deforestation at the Vučiji Most site on Jahorina, the Court confirmed to Srna.
The Court stated that this measure was adopted at the request of the BiH Attorney General’s Office, acting as the legal representative of BiH.
The Court’s decision includes a temporary measure prohibiting Republika Srpska from performing investment works and deforestation in accordance with the Regulatory Plan for the Jahorina Special Area, specifically at the Vučiji Most location. This concerns properties outlined in the decision of the Republika Srpska Government from December 28, 2023, regarding the terms and conditions of the sale of immovables within the Jahorina Special Area.
Source: RTRS
