NORMATIVE FRAMEWORK OF CONCESSIONS IN THE REPUBLIC OF SRPSKA

Abstract

Concessions, especially for the use of public goods and natural resources of both renewable and non-renewable resources, occupy an important place in the economy of The Republic of Srpska. Given that this area is very broad and dynamic, there are many controversies regarding the nature of concessions, justification of their award, the need to provide the public with the entire process, transparency, competitiveness and prevention of monopoly behavior, and especially protection of public interest in awarding and implementing concession contracts. As the field of concessionaire was dormant in the period of socialist Yugoslavia, it is still insufficiently developed in our country, so there is a need for continuous monitoring by analyzing and improving its normative framework. In addition to presenting the legal framework of concessions, the paper presents some practical problems, especially regarding the vagueness of positive law and insufficiently defined division of competencies of the bodies of Bosnia and Herzegovina and the Republic of Srpska, primarily the Concessions Commission of Bosnia and Herzegovina and the Concessions Commission of the Republic of Srpska as well as suggestions for solving some open problems in this area by amending the positive law.