
(Patria) - As of February 1st this year, the Law on Associations and Foundations of the Federation of BiH is not being applied in the West Herzegovina Canton (Široki Brijeg). This is the second federal law that will not be applied in this canton. Namely, since 2015, the Law on Confiscation of Illegally Acquired Property of the FBiH has not been applied in this canton, which is sovereignly ruled by HDZ.
“The West Herzegovina Canton has regulated the matter of establishing associations, bodies, and the legal status of associations, registration, and other issues significant for the work of associations through the Law on Associations in the West Herzegovina Canton, which entered into force on January 31, 2025, and was published in the „Official Gazette of the West Herzegovina Canton No.: 2/25“. From the day this Law enters into force, the application of the Law on Associations and Foundations („Official Gazette of the Federation of Bosnia and Herzegovina“, No.: 45/02), which has regulated this matter so far, and according to which the Cantonal Ministry of Justice and Administration has kept the Register of Associations until now, shall cease,” it was announced in mid-February by the Government of the West Herzegovina Canton.
It was stated in the Official Gazette of the WHC that all federal regulations (not just laws) regulating this area will be repealed.
With this announcement, the application of the Law on Associations and Foundations of the FBiH, which has been in force since 2002, ceased. It states: “This law regulates the conditions and procedure for the establishment, internal organization, registration, and termination of associations and foundations, as well as other issues of significance for the free and voluntary association of citizens and legal entities in the Federation of Bosnia and Herzegovina”.
Therefore, the Law on Associations and Foundations of the Federation of BiH will be applied in all cantons, except in the West Herzegovina Canton, which has been managed by HDZ BiH for years. Incidentally, for ten years now, the Law on Confiscation of Property Acquired by Criminal Offense in the Federation of BiH, adopted in 2014, has not been applied in this canton.
This federal law regulates the conditions and procedure for the confiscation of property benefits acquired by criminal offense in the Federation of Bosnia and Herzegovina, the management of temporarily and permanently confiscated property, and the establishment of a competent authority for the management of confiscated property in the Federation of Bosnia and Herzegovina.
“No one can retain property benefits acquired by criminal offense. All property permanently confiscated according to the provisions of this law becomes the property of the Federation of Bosnia and Herzegovina,” it is stated in the Law on Confiscation of Illegally Acquired Property by Criminal Offense of the Federation of BiH.
Regardless of this, the West Herzegovina Canton adopted its Law on Confiscation of Illegally Acquired Property in Criminal Proceedings a year later. This Canton essentially copied the federal Law, but instead of the Federation, it used the term – West Herzegovina County.
“No one can retain property benefits acquired by criminal offense. All property permanently confiscated according to the provisions of this Law becomes the property of the County,” it is stated in this Law adopted back in 2015.
West Herzegovina Canton Repeals Two Federal Laws!
When this Law entered into force, laws of “higher levels of government” ceased to apply in the West Herzegovina Canton.
“From the day this Law enters into force, the application of all positive regulations of all levels of government regulating the area from Article 1 of this Law shall cease in the territory of the West Herzegovina Canton,” it is stated in the Law by which the West Herzegovina Canton “suspended” the federal Law on Confiscation of Illegally Acquired Property.
(Istraga)
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