HJPC Property Disclosure Form

THE HIGH JUDICIAL AND PROSECUTORIAL COUNCILS

BOSNIA AND HERZEGOVINA

FEDERATION OF BOSNIA AND HERZEGOVINA
REPUBLIKA SRPSKA
PROPERTY LAW COMPLIANCE DISCLOSURE FORM
INTRODUCTION
Annex 7 to the Dayton Agreement states that all refugees and displaced persons have the right to freely return to their homes. Candidates for judicial and prosecutorial office must comply with the property repossession laws, especially with regard to the occupation of premises that should be used for alternative accommodation or whose continued use is based upon an improper revalidation of a temporary contract on use. The High Judicial and Prosecutorial Councils fully support, and work towards, the facilitation of refugee return through the implementation of the property laws. All applicants for judicial or prosecutorial office must be able to show compliance with the letter and spirit of the property laws. As an applicant, it is important that you fully disclose your past and current housing situation. You should, in particular, disclose information concerning whether you:
at any time, failed to vacate a property in accordance with a final and binding decision of a competent authority or the CRPC/Annex 7 Commission;
were granted an occupancy right over an apartment after 30 April 1991;
occupied at any time in the past or currently occupy a property that should have been, or should now be, returned to a previous occupancy right holder or be made available for alternative accommodation;
occupied at any time in the past or currently still occupy an apartment/house without an independently verified and approved decision of a revalidation Commission or for which the legal right to occupancy or ownership has been challenged in the past or is currently being challenged before an administrative authority or court;
because of your past or current housing situation, could be seen to be or have been involved in obstructing the implementation of the property laws, for example by obstructing the work of the relevant domestic authorities related to the implementation of the property laws or by failing to take corrective action to regularize your housing situation in accordance with the property laws.
The above list is not exhaustive and you should disclose all information relating to your property situation. You must provide information about the housing status of your spouse, if during the period of marriage he or she lived at a residence separate from your current or previous addresses. Please provide information for each residence on the additional sheet attached at the end of this form.
The objective of this form is to elicit as much information as possible. You should disclose all information relevant to your past or current housing status, so that the HJPC can fairly and objectively assess your past and current compliance with the letter and spirit of the property laws.
Copies of all relevant documentation should be attached to this form.
Please answer each question clearly and completely.
Type or print in ink

THE HIGH JUDICIAL AND PROSECUTORIAL COUNCILS

BOSNIA AND HERZEGOVINA

FEDERATION OF BOSNIA AND HERZEGOVINA
REPUBLIKA SRPSKA
PROPERTY LAW COMPLIANCE DISCLOSURE FORM
Name of Applicant:
Unique Identification Number (JMB):
1. CURRENT RESIDENCE
1.1 / CURRENT ADDRESS: Attach a copy of residence certificate for this address.
Street name and number: / Apartment floor and No: / Pre-war street name and number, if different:
Municipality: / Postcode: / Town/City:
Residence Type: / House / Apartment / Other (specify which)
When did you commence residing in this property? / Day: / Month: / Year:
Current allocation right holder:
Pre-war allocation right holder, if different:
If you reside in a house, complete Part 1.2 (Current House). If you reside in an apartment, complete Part 1.3 and 1.4 (Current Apartment).
1.2 /

CURRENT HOUSE

1.2.1 / What is the legal basis for your occupancy of the current house?
Private ownership (attach copy of land registry reference and extract – ZK izvadak)
Rental agreement (attach copy of the rental contract)
Other legal basis (attach legal instrument on occupancy right use)
No legal basis
1.2.2 / Did a pre-war occupant or other person initiate any proceedings before any competent judicial or administrative authority to regain possession of the house? YES NO
If the answer is “Yes”, please provide the following information.
Name of person initiating proceeding: / Name of adjudicating authority: / Case number:
What is the case status?
Completed Case (attach final decision) Claim Withdrawn Pending Case (summarize status below)
1.3 / CURRENT APARTMENT
1.3.1 / What is the legal basis for occupancy of your current apartment?
Private ownership (attach copy of land registry reference, the extract from register of deposited contracts,
and documentation converting occupancy right into private ownership)
Permanent occupancy right (attach decision of allocation right holder and contract on use)
Rental agreement (attach copy of the rental agreement)
Temporary occupancy right (attach decision of allocation right holder and contract on use)
Expired temporary occupancy right (attach decision of allocation right holder, contract on use, and decision
canceling occupancy right)
Other legal basis (attach legal instrument on occupancy right use)
No legal basis
1.4 / CURRENT APARTMENT ALLOCATED AFTER 30 April 1991
1.4.1 / Was the current apartment allocated to you after 30 April 1991: YES NO
It the answer is “Yes”, please provide the following information.
Date the apartment was allocated to you: / Day: / Month: / Year:
Current allocation right holder:
Pre-war allocation right holder, if different:
1.4.2 / Did a pre-war occupant or other person initiate proceedings before any competent judicial or administrative authority to regain possession of the apartment? YES NO
If the answer is “Yes”, please provide the following information.
Name of claimant in proceedings: / Name of adjudicating authority: / Case number:
What is the case status?
Completed Case (attach final decision) Claim Withdrawn Pending Case (summarize status below)
1.4.3 / Have you initiated a procedure to privatize the current apartment? YES NO
It the answer is “Yes”, please provide the following information.
Name of privatizing authority: / Case number:
What is the case status?
Completed Case (attach final decision) Claim Withdrawn Pending Case (summarize status below)
1.4.4 / Revalidation of contract on occupancy right use.
Has a revalidation commission examined the legal basis for your right of occupancy to the current apartment?
YES NO
Attach copies of your submissions to the commission and commission decisions.
Important note: all occupancy rights, of any type, granted after 30 April 1991 are now temporary occupancy rights (per decisions of the High Representative of 14 April 1999). All such contracts are now subject to revalidation proceedings, including where such apartments have been purchased.
2. PREVIOUS RESIDENCES
To be completed by all applicants who have changed their address since 30 April 1991
You must provide information below in respect of each and every address at which you resided for a period longer than one month during the period 30 April 1991 until now. Start with the property where you resided as of 30 April 1991 and provide complete property information for all residences thereafter. Full details regarding the property where you currently reside should be given at Part 1 above. If necessary, attach additional sheets in respect of each additional address at which you resided since 30 April 1991.
2.1 /

First Previous Residence

Date residence commenced: / Day: / Month: / Year:
Date residence ceased: / Day: / Month: / Year:
Street name and number: / Apartment floor and No: / Pre-war street name and number, if different:
Municipality: / Postcode: / Town/City:
Residence Type: / House / Apartment / Other (specify which)
Allocation right holder:
If you resided in a house or in an apartment, please complete Sections A or B below and C.
A. House / B. Apartment
1. / What was the legal basis for occupancy of your house? / 1. / What was the legal basis for occupancy of your apartment?
Private ownership (attach copy of land registry reference and extract – ZK izvadak) / Private ownership (attach copy of land registry reference,
the extract from register of deposited contracts, and
documentation converting occupancy right into private
ownership)
Rental agreement (attach copy of the rental agreement) / Permanent occupancy right (attach decision of allocation
right holder and contract on use)
Other legal basis (attach legal instrument on occupancy right use) / Rental agreement (attach copy of the rental agreement)
No legal basis / Temporary occupancy right (attach decision of allocation
right holder and contract on use)
Expired temporary occupancy right (attach decision of
allocation right holder, contract on use, and decision
canceling occupancy right).
Other legal basis (attach legal instrument on occupancy right use)
No legal basis
C. 1. /

Vacation of Property

Second Residence

Date residence commenced: / Day: / Month: / Year:
Date residence ceased: / Day: / Month: / Year:
Street name and number: / Apartment floor and No: / Pre-war street name and number, if different:
Municipality: / Postcode: / Town/City:
Residence Type: / House / Apartment / Other (specify which)
Allocation right holder:
If you resided in a house, or in an apartment, please complete Sections A or B below and C.
A. House / B. Apartment
1. / What was the legal basis for occupancy of your house? / 1. / What was the legal basis for occupancy of your apartment?
Private ownership (attach copy of land registry reference and extract – ZK izvadak) / Private ownership (attach copy of land registry reference,
the extract from register of deposited contracts, and
documentation converting occupancy right into private
ownership)
Rental agreement (attach copy of the rental agreement) / Permanent occupancy right (attach decision of allocation
right holder and contract on use)
Other legal basis (attach legal instrument on occupancy right use) / Rental agreement (attach copy of the rental agreement)
No legal basis / Temporary occupancy right (attach decision of allocation
right holder and contract on use)
Expired temporary occupancy right (attach decision of
allocation right holder, contract on use, and decision
canceling occupancy right).
Other legal basis (attach legal instrument on occupancy right use)
No legal basis
C.
1. /

Vacation of Property

Why did you vacate above property?
Temporary occupancy right expired
Voluntary vacation of property to enable pre-war occupant to regain possession
Pre-war occupant obtained decision from competent authority/court ordering repossession
CRPC certificate confirmed legal occupancy/ownership of pre-war occupant
Forcible eviction pursuant to lawful order
Other (specify what)
2. / Did you vacate this property within the legal deadline pursuant to a decision issued by a competent authority?
YES NO Date of legal deadline to vacate: ______(attach copy of relevant decision)
If the answer is “No”, explain why.
3. DECLARATION
I hereby certify that the information provided in this form, and documents submitted as a part thereof, is true and accurate. I understand that I have a continuing duty to correct any inaccurate information and to supply any further information which comes to my attention after the date of submission of this form and which is relevant to it. I further understand that if it is discovered that any of the information which I have provided is not true or is misleading in any material respect, I may be excluded from consideration for nomination to the position(s) for which I have applied, that if I am appointed to judicial or prosecutorial office such appointment may be terminated, and that I may be subject to civil and/or criminal sanctions.
Signature: / Date: / Place:
Number of Additional Sheets Attached:

PROPERTY LAW COMPLIANCE DISCLOSURE FORM

Additional Sheet (for copying)

Your Residence(s)

Page ……… of………

2... /

………. Residence

Date residence commenced: / Day: / Month: / Year:
Date residence ceased: / Day: / Month: / Year:
Street name and number: / Apartment floor and No: / Pre-war street name and number, if different:
Municipality: / Postcode: / Town/City:
Residence Type: / House / Apartment / Other (specify which)
Allocation right holder:
If you resided in a house, or in an apartment, please complete Sections A or B below and C.
A. House / B. Apartment
1. / What was the legal basis for occupancy of your house? / 1. / What was the legal basis for occupancy of your apartment?
Private ownership (attach copy of land registry reference and extract – ZK izvadak) / Private ownership (attach copy of land registry reference,
the extract from register of deposited contracts, and
documentation converting occupancy right into private
ownership)
Rental agreement (attach copy of the rental agreement) / Permanent occupancy right (attach decision of allocation
right holder and contract on use)
Other legal basis (attach legal instrument on occupancy right use) / Rental agreement (attach copy of the rental agreement)
No legal basis / Temporary occupancy right (attach decision of allocation
right holder and contract on use)
Expired temporary occupancy right (attach decision of
allocation right holder, contract on use, and decision
canceling occupancy right).
Other legal basis (attach legal instrument on occupancy right use)
No legal basis
C.
1. /

Vacation of Property

PROPERTY LAW COMPLIANCE DISCLOSURE FORM

Additional Sheet (for copying)

Your Spouse’s Residence(s), if different

Page …… of ………

2... /

………. Residence

Date residence commenced: / Day: / Month: / Year:
Date residence ceased: / Day: / Month: / Year:
Street name and number: / Apartment floor and No: / Pre-war street name and number, if different:
Municipality: / Postcode: / Town/City:
Residence Type: / House / Apartment / Other (specify which)
Allocation right holder:
If your spouse resides or resided in a house, or in an apartment, please complete Sections A or B below and C.
A. House / B. Apartment
1. / What is/was the legal basis for occupancy of the house? / 1. / What is/was the legal basis for occupancy of the apartment?
Private ownership (attach copy of land registry reference and extract – ZK izvadak) / Private ownership (attach copy of land registry reference,
the extract from register of deposited contracts, and
documentation converting occupancy right into private
ownership)
Rental agreement (attach copy of the rental agreement) / Permanent occupancy right (attach decision of allocation
right holder and contract on use)
Other legal basis (attach legal instrument on occupancy right use) / Rental agreement (attach copy of the rental agreement)
No legal basis / Temporary occupancy right (attach decision of allocation
right holder and contract on use)
Expired temporary occupancy right (attach decision of
allocation right holder, contract on use, and decision
canceling occupancy right).
Other legal basis (attach legal instrument on occupancy right use)
No legal basis
C.
1. /

Vacation of Property

Did your spouse vacate above property? YES NO
If the answer is “Yes”, please provide the reason by checking the appropriate box.
Temporary occupancy right expired
Voluntary vacation of property to enable pre-war occupant to regain possession
Pre-war occupant obtained decision from competent authority/court ordering repossession
CRPC certificate confirmed legal occupancy/ownership of pre-war occupant
Forcible eviction pursuant to lawful order
Other (specify what)
2. / Did your spouse vacate this property within the legal deadline pursuant to a decision issued by a competent authority?
YES NO Date of legal deadline to vacate: ______(attach copy of relevant decision)
If the answer is “No”, explain why.

Form F0602/04 Page 1 of 1