The idea of returning the confiscated property to the previous owners in the Republic of Serbia arose as a process that included all the countries of Eastern Europe and other countries of the former communist system in which mostly state property existed. Restitution is part of the transition process, which implies comprehensive changes in the state, including privatization of the state sector and market operations on the principles of private property, but also as a need to correct the injustice done to former owners of confiscated property. According to Serbian legislation, restitution is obligatory, but in practice it is very difficult and slow to realize, even though this process realizes one of the basic human rights of citizens described in the UN Universal Declaration of Human Rights - the right to free enjoyment of private property. In this paper, the authors analyze the possibilities of returning agricultural land, legal regulations and implemented solutions in practice, on the example of a unit of local self government, on whose territory there is a state land fund that can be the subject of return.


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1. Agronews, The state exempted the best land from restitution, Belgrade, Serbia, Retrieved from:žava-iz-restitucije-izuzela-najboljezemljište/, (April 21, 2020)
2. Ceppei Guidelines from 2009, Retrieved from:, (April 21, 2020)
3. Decision of the Constitutional court of Serbia No. IUz-429/2011 dated on April, 18th, 2013.
4. Decree of criteria for determining the area of agricultural and forest land in the procedure of returning confiscated property (“Official Gazette of RS”, No. 29/2018).
5. Decision od the Constitutional Court of Serbia No. I-Uz.119 / 2008 dated on April 20th, 2011 - “Official Gazette of RS”, No. 44/2011).
6. Decision of the Constitutional Court of Serbia No. IUz-462/2011 dated on April 11th, 2013.
7. European Convention for he Protection of Human Rights and Fundamental Freedoms, Italy, (1950), https:/
8. Gower, L. (1992): Konzminski, K., A. (1997), Restitution of Private Property: Reprivatization in Central and Eaastern Europe, Communist and Post – Communist studies, The Regents of University of California, Press, Published by Elsevier Science Ltd, Great Britain, p. 95-106, (Retrieved from:
9. Gulan, B., (2015). The Fate of Confiscated Property 2915. Banat Cultural Centre, Novo Mileševo, p. 232-240.
10. HERETICUS, (2020), Retrieved from:, (April 21, 2020)
11. Institute of Law and Finance, LLC, Belgrade, Serbia, Restitution in Serbia and post-comunist countries, Retrieved from:čkim-zemljama/ (April 21, 2020)
12. Jugović, A., (2009) Restitution as a value turning point in the democratization of Serbian society, Rehabilitation and restitution in Serbia - Proceedings of the round table Belgrade, Center for the Advancement of Legal Studies, Congress of Serbian Unification, Studenica Endowment, p. 289-297.
13. Judgement of the European Court of Human Rights in the case of Jantner v. Slovakia, no. 39050/97, paragraph 34, March 4th, 2003., https://
14. Law of restitution of Taken Away property and Compensation (“Official Gazette of RS”, No. 72/2011, 108/2013, 142/2014, 88/2015 Serbia – decision of the Constitutional Court i 95/2018).
15. Projuris, Belgrade, Restitution and compensation for property confiscated without compensation after 1945 - regulations, experiences and case study in Serbia and region, Retrieved from: (June 6, 2020)
16. Samardžić, S., (2012), Natural restitution in Serbia – period of gestation, Proceedings of the Faculty of Law in Novi Sad, No.4, p. 449 - 461.
17. Surdykowska, S., T., (1996) Priwatyzacja (Privatisation), PWN, Washav, p. 119. (Retrieved from:, (March 15, 2020).
18. Sutela, P. (1998) Privatisation of the Countries of Eastern and Centarl Europe and the Soviet Union, The United Nations University, WIDER Working Paper 146/1998, p. 16-20.
19. Veselinov, J., (2017): Legal status of former owners in restitution procedure in Serbia, Faculty of Economics and Justice, University of Economics, p. 1-12.
20. WJRO, Israel, Restutition by Country, North Macedonia Operations, Retrieved from:, (April 21, 2020).
How to Cite
RAJNOVIĆ, Ljiljana Dušan; CICO, Snežana Dmitar; BRLJAK, Zoran Gordana. RESTITUTION OF AGRICULTURAL LAND IN SERBIA - COMPARATIVE LEGAL ASPECTS. Economics of Agriculture, [S.l.], v. 67, n. 4, p. 1353-1366, dec. 2020. ISSN 2334-8453. Available at: <>. Date accessed: 16 apr. 2021. doi: