A critical Analysis of the Reprivatization process in Macedonia in practice - Part 1
| Author | Endri Papajorgji - Greta Alikaj |
| Position | Dean of the Faculty of Law at Tirana Business University College, Tirana, Albania - Ministry of Tourism and Environment |
| Pages | 18-21 |
Vo
l.
5
N
o
. 2
J
ul
y
, 2019
A
cademic Journal o
f
Business,
A
dministration, Law and Social Science
s
II
PCCL Publishin
g
, Graz-
A
ustri
a
ISS
N 2410-391
8
A
cces online at www.ii
p
ccl.or
g
1
8
A critical Anal
y
sis of the Reprivatization process in Macedonia in practice –
Pa
rt
1
Assoc. Pro
f
. Dr. (PhD Uni Graz) Endri Papajorgj
i
Dean o
f
the Faculty o
f
Law at Tirana Business
U
niversity College, Tirana,
A
lbania
M
sc. Greta A
l
i
k
aj
M
inistry o
f
Tourism and
E
nvironmen
t
Ab
str
a
ct
The process o
f
denationalization or reprivatizatio
n
1
was regulated with the law o
f
21.4.1998.
2
D
e
n
a
t
io
n
ali
z
a
t
ion
3
in Macedonia was understood as a method, conditions and procedure
f
or
the restitution o
f
property or compensation
f
or natural persons who are citizens o
f
the Republic
o
f
Macedonia
f
or the property or assets that were dispossessed without compensation by the
state (
A
rt. 1).
I
n my opinion,
k
eeping in min
d
t
h
at t
h
e privatization process starte
d
in 1990
w
i
t
h
t
he
Ma
r
ko
v
i
c law, this law entered into
f
orce very late. Macedonia, like
A
lbania, opted
f
or
the "restitution be
f
ore compensation" model. Priority there
f
ore was the restitution o
f
property;
if
this was not possible, it was replaced by the option o
f
compensation. This method was used
b
y all ex communist countries with the exception o
f
Hungary and Romania. Main objective
o
f
this manuscript is the analysis o
f
the reprivatization process in practice with a systematic
m
e
t
hod
.
K
eywor
d
s: Mace
d
onia, reprivatization, commercia
l
l
aw, property.
I
ntr
odu
ct
io
n
The restitution o
f
property was not
f
oreseen only
f
or agricultural land (
A
rt 22),
f
or
r
esi
d
entia
l
b
ui
ld
ings an
d
apartments (
A
rt 23), commercia
l
b
ui
ld
ings an
d
premises
(
A
rt 24) an
d
mova
bl
e property (
A
rt 25),
4
but also
f
or seized assets belonging to a
company which was converted in accordance with the provisions o
f
the privatization
law o
f
1993.
A
ccording to
A
rticle 26 o
f
the Law on Denationalization, a
er a
fi
nal
decision on denationalization, the privatization agency trans
f
erred ownership
of
shares, real estate in the amount o
f
the reserved part, as well as rent and other
privileges, to the applicant. The compensation was paid out in the
f
orm o
f
bonds and
t
h
e
fu
nds
fo
r th
e
d
i
sb
u
rs
e
m
e
n
t
5 were provided
f
rom the budget o
f
the Republic o
f
1
Re
p
rivatization is re
f
erred to as the restitution to earlier situation, ie in the course o
f
the construc-
tion of socialist economic structures, usuall
y
between the
y
ears 1945 and 1950, but also later ex
p
ro
-
priated previous owners; Roggemann
/
Kuss, Unternehmensumwandlung 80
.
2
Zakon za denacionalizac
a (Gesetz über die Denationalisierun
g
) Sl V RM 1998
/
20
.
3
The object o
f
the Denationalization law according to
A
rt 2 was: assets expropriated a
er 1.8.1944
d
ue to agrarian re
f
orm and occu
p
ation, con
fi
scation o
f
commercial buildings and
p
remises; Koleva
i
n Fischer
/
Pleines
/
Schröder 162.
4
Sc
h
rame
y
er, Ma
k
e
d
onien – Ma
k
e
d
onisc
h
es Bo
d
engesetz, WiR
O
2002, 242 (242)
.
5
The bonds are issued in two series, series "
A
" and series "B".
If
the com
p
ensation is
p
aid in Series
A
bonds, the com
p
ensation will be 100
p
er cent o
f
the s
p
eci
fi
ed com
p
ensation in the
f
orm o
f
shares
and units o
f
companies that have been privatized, traded or used to purchase government property.
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