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Proceedings PROPERTY LAW – CHALLENGES OF THE 21 CENTURY st International Scientific Conference held on 9 October, 2020 in Belgrade, Serbia, 2021
With the adoption of Resolution 1244, the United Nations Mission in Kosovo (UNMIK) gained the sta... more With the adoption of Resolution 1244, the United Nations Mission in Kosovo (UNMIK) gained the status of guardian of state and social property of the Republic of Serbia (Serbia) in the territory of the Autonomous Province (AP) of Kosovo and Metohija. However, by adopting regulations having the force of law, UNMIK, or the Special Representative of the Secretary-General (SRSG), unilaterally and retroactively abrogated the existing legal system, creating conditions for the establishment of a quasi-legal system independent of the legal system of Serbia. UNMIK Regulation 1999/24 resulted in the reincarnation of SFRY-era legal acts. Regulation no. 1999/24 represents a guideline in further legal normalization and a design of a legal system in the territory of AP Kosovo and Metohija. The UNMIK regulations recognize several internationally recognized human rights and anti-discrimination standards. The adoption of UNMIK Regulation 2002/12, on the establishment of the Kosovo Trust Agency (KTA), created conditions for changing the ownership regime of socially-owned and publicly-owned enterprises of the Republic of Serbia in the territory of AP Kosovo and Metohija. The law authorized the KTA to manage socially-owned and publicly-owned enterprises and their assets in the territory of AP Kosovo and Metohija. In addition to governance, the KTA sponsored the spin-off method of accessing and privatizing socially-owned and publicly-owned enterprises. The authors pay special attention to the Regulations on the Kosovo Trust Agency (KTA) and this spin-off method.
Proceedings PROPERTY LAW – CHALLENGES OF THE 21 CENTURY st International Scientific Conference held on 9 October, 2020 in Belgrade, Serbia, 2021
With the adoption of Resolution 1244, the United Nations Mission in Kosovo (UNMIK) gained the sta... more With the adoption of Resolution 1244, the United Nations Mission in Kosovo (UNMIK) gained the status of guardian of state and social property of the Republic of Serbia (Serbia) in the territory of the Autonomous Province (AP) of Kosovo and Metohija. However, by adopting regulations having the force of law, UNMIK, or the Special Representative of the Secretary-General (SRSG), unilaterally and retroactively abrogated the existing legal system, creating conditions for the establishment of a quasi-legal system independent of the legal system of Serbia. UNMIK Regulation 1999/24 resulted in the reincarnation of SFRY-era legal acts. Regulation no. 1999/24 represents a guideline in further legal normalization and a design of a legal system in the territory of AP Kosovo and Metohija. The UNMIK regulations recognize several internationally recognized human rights and anti-discrimination standards. The adoption of UNMIK Regulation 2002/12, on the establishment of the Kosovo Trust Agency (KTA), created conditions for changing the ownership regime of socially-owned and publicly-owned enterprises of the Republic of Serbia in the territory of AP Kosovo and Metohija. The law authorized the KTA to manage socially-owned and publicly-owned enterprises and their assets in the territory of AP Kosovo and Metohija. In addition to governance, the KTA sponsored the spin-off method of accessing and privatizing socially-owned and publicly-owned enterprises. The authors pay special attention to the Regulations on the Kosovo Trust Agency (KTA) and this spin-off method.