ФАКТИЧКА ЕКСПРОПРИЈАЦИЈА У СУДСКОЈ ПРАКСИ
FACTUAL EXPROPRIATION IN JUDICIAL PRACTICE

Summary/Abstract: For a long time, there has been a controversial legal issue in the court practice of Bosnia and Herzegovina that refers to the inviolability of one of the basic human rights - the right to property, guaranteed by all leading domestic and international legal documents. One of the main reasons for the topicality of this issue for many years is certainly the fact that this institute is not regulated by the domestic law. In other words, there is no national law that regulates it, but it is an institute that is a product of the case-law of the European Court of Human Rights, created due to the need to find a fair solution for situations in which the deprivation of property rights does not occur in the prescribed procedure, but the right of ownership has been encroached upon by material actions to such an extent that the titleholder of the ownership right is deprived of its substance, i.e. reduced to the so-called bare ownership, without any possibility to use any authorizations.The existence of a legal gap in domestic law had the consequence that in the territory of Bosnia and Herzegovina, judicial practice struggled for many year sin dealing with numerous legal issues related to the application of this institute.In this paper, we will try to perceive practical problems within the permitted framework, to give a brief overview of the evolution of judicial practice in Bosnia and Herzegovina, to refer to legal standpoints in the case-law of the European Court of Human Rights as a basic guide for the actions of national courts, and express personal opinion regarding the (im)proper application of this institute by national courts.

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