ANALYSIS
OF THE DECREE ON ORGANISING AND FULFILLING MATERIAL OBLIGATION
(OFFICIAL GAZETTE OF FRY, No 36, July 24, 1998)
AND DECREES
ON AMENDMENTS TO THE DECREE ON ORGANISING AND FULFILLING MATERIAL
OBLIGATION
(OFFICIAL GAZETTE OF FRY, No 32, April 25, 1999)
I
ANALYSIS OF THE DECREE ON ORGANISING AND FULFILLING MATERIAL OBLIGATION
(Official Gazette of FRY, No 36, July 24, 1998)
Decree
on organising and fulfilling material obligation passed on July 24,
1998 contains the following provisions:
-
Obligation
of the citizens, companies and other legal entities (further in
the text: the property owners) to fulfil material obligation in
order to satisfy the needs of the Yugoslav Army regarding the
defence of the country in a state of war, state of immediate danger
of war or state of emergency.
-
Fulfilling
material obligation entails the duty of the property owner (Article
4) to HAND OVER the following items so as to meet the needs regarding
the country's defence:
-
motor
vehicles, transportation and special vehicles;
-
construction
equipment and other machines;
-
communication
equipment: radio, radio relay and radio telephone sets, cryptography
equipment, telephone and telegraphy equipment, telephone and
telegraphy lines, computer of all kinds and for all purposes,
satellite, TV and other communication equipment, power supply
equipment and other communication equipment of all kinds and
for all purposes;
-
ports,
docks, port facilities, supply, maintenance and repair of various
vessels and ships;
-
pumping
stations and warehouses;
-
service
stations, repair facilities including all the equipment and
installations;
-
sport
and hunting weapons;
-
draft
animals and other beasts of burden including necessary equipment;
-
buildings
and real estate including equipment and installations;
Items
under article 4 are being listed and the authorised organs of
the Federal Ministry of Defence in the area are to keep records of
these items.
The
property owners are obliged to provide the authorised state organs,
at their request, with licences and other documents regarding these
items as determined in the article 4 and are obliged to allow them
to do the inspection of assets in order to put them on the list
and keep records of them.
According
to the article 9 of this Decree the property owner may be ordered
to fulfil his material obligation within 30 days at the latest before
the date determined for the handover. This time limit does not apply
in a state of war, immediate danger of war or state of emergency.
The
procedure of taking over the property is as follows: the authorised
state organ in the area delivers the request to the property
owner, and the owner hands over the property in good condition at
a place and time as determined in the request. The authorised person
or commission makes out a report (two copies) on reception
of the property which is subsequently signed both by the authorised
person or the chairman of the commission and the property owner i.e.
the person who has handed over the property. A copy of the report
which is given to the property owner i.e. the person who has handed
over the property marks the fulfilment of the obligation on the part
of the owner. The property owner may refuse to sign or
accept the report. The reasons for refusal are to be stated in the
report. The owner must be informed orally of the place and time
for returning the property when the property is being taken over
or in writing at a later date.
Compensation
to which the owner is entitled is as follows:
-
The
property owner is entitled to compensation for the shipping
and travelling expenses regarding the handover of the assets
and property.
-
The
property owner is entitled to compensation for the use of
the property as determined by the Tariff for determining
the compensation for the use of the listed items. If the compensation
is smaller in amount than the obligatory expenses burdening
the property or smaller than the rent for the use a facility
or equipment which the property owner as a renter has had to
pay so as to do the jobs essential for the living and work of
the members of his household, the property owner is entitled
to the compensation equal in amount to the rent paid. The property
owner is entitled to the compensation for the use of the property
from the moment of handing over the property until the moment
the property is returned. If the property has been used for
12 or more than 12 hours, the full amount of the daily compensation
is to be paid to the owner; if it has been used for less than
12 hours – the owner is entitled to half the compensation for
that day.
-
The
compensation for the use of the property is to be paid within
15 days from the date of returning the property to the owner,
and on a monthly basis, at the request of the property owner,
if the property has been used for more than 30 days.
-
PROCEDURE
FOR DETERMINING COMPENSATION FOR DAMAGED, DESTROYED OR LOST
ASSETS AND PROPERTY (Article 23 – 28). The property owner is
entitled to the compensation if the property has been damaged,
destroyed or lost while it has been in the hands of the
users of the property. The amount of the compensation is equal
to the margin between the market value of the property at the
moment of handing over the property and its market value at
the moment of returning it to the owner. The authorised state
organs are obliged to initiate the procedure for determining
the amount of compensation. The procedure may also be initiated
at the request of the property owner. The amount of the compensation
is determined by the commission formed by the property owner.
The commission is obliged to inform the property owner of the
time and place where it conducts its activities so that he could
state the circumstances essential for determining the damage
done. The commission suggests one of the following ways of compensation:
-
Repair
of the damaged property
-
Repair
of the damaged property and payment of the adequate amount for
the decreased market value of the property
-
Substitution
with adequate type and quantity of items in good condition
-
Payment
of the adequate amount of money
-
In
some other way.
The
property owner who does not consent to the manner and amount of compensation
suggested by the commission may submit an appeal to the authorised
court of law.
II
ANALYSIS OF THE DECREE ON AMENDMENTS TO THE DECREE ON ORGANISING AND
FULFILLING MATERIAL OBLIGATION PASSED DURING THE STATE OF WAR I.E.
ON APRIL 25, 1999
The
decree on amendments to the Decree on organising and fulfilling material
obligation, passed during the state of war i.e. on April 25, 1999,
determines the following:
-
Except
for the items listed in the article 4 of the 1998 Decree, paragraph
3, the following items have been added to the list: equipment
for production, transmission and broadcasting radio and TV programmes,
rented facilities and rights for broadcasting radio and TV programmes
(via satellite as well) and other communication equipment.
-
Except
for the items listed in the article 4 of the 1998 Decree, paragraph
7, the following items have been added to the list: service
stations and stations for inspection of telecommunications equipment,
as well as repair facilities including machinery, equipment,
installations and laboratory equipment.
-
A
new paragraph has been added to the article 4 of the 1998 Decree
which lists the following items: facilities and equipment for
preparation for printing, imaging and printing of books, magazines,
brochures, newspapers, reviews, photographies, paintings, posters,
aerial photos, maps, cartographic publications and other printed
material, films and audio-visual equipment.
-
The
article 2 of the Decree passed during the state of war determines
that if the property owner does not act on the orders of the Yugoslav
Army officers, then the Yugoslav Army (or law enforcement officers)
may use force to take over the property.
COMPENSATION
TO WHICH THE PROPERTY OWNER IS ENTITLED
-
As
far as the compensation for the use of the property is concerned,
the new Decree determines that the property owner is entitled
to the compensation which would cover the amortisation of the
asset. Thereby the previous article 19 has been entirely changed.
-
The
article 20 of the new Decree annuls the provision in the paragraph
4 under article 20 of the 1998 Decree regarding the time limit
for the payment of the compensation.
-
The
article 21 of the new Decree determines that the heading "The
Procedure for Determining Compensation for Damaged, Destroyed
or Lost Property" be deleted entirely including the articles 23-28
of the 1998 Decree meaning that the compensation for damaged,
destroyed or lost property is no longer valid.
Accordingly,
the property owner, in comparison to the 1998 Decree, is entitled
only to
The
new 1999 Decree does not allow for the compensation for damaged, destroyed
or lost assets and property.
|
