Mr. sc. Ante Jelavi,dipl.iur.

MARITIME DOMAIN IN CROATIAN LEGISLATIVE

REZIME U ovom radu autor razmatra pravnu problematiku pomorskog dobra, koji predstavlja bitan institut pomorskog prava. Pomorsko dobro definirano je Pomorskim zakonikom Republike Hrvatske i Zakonom o pomorskom dobru i morskim lukama dio dravnog teritorija na kopnu, unutarnje morske vode, teritorijalno more, njihovo dno i morsko podzemlje te ima specifine geomorfoloke i funkcionalne karakteristike koje treba utvrditi u postupku odreivanja granica pomorskog dobra. Odreivanje granica pomorskog dobra predstavlja kljuan problem, budui da je Zakon o pomorskom dobru i morskim lukama ostavio iroke mogunosti irenja pomorskog dobra na morsku obalu, uz ispunjenje odreenih uvjeta. Pomorsko dobro jest dobro u opoj uporabi , namijenjeno upotrebi svih pravnih subjekata, no moe se koristiti i u korist odreenih pravnih subjekata kroz institut koncesije. Postoje dvije vrste koncesija-koncesija za posebnu upotrebu i koncesija za ekonomsko koritenje pomorskog dobra. Koncesija se moe prenositi na drugu osobu, dati u zalog i potkoncesiju, te u odreenim sluajevima oduzeti i opozvati. Posebnu panju autor priklanja pravnom statusu graevina izgraenih na pomorskom dobru, kao i problemu pretvorbe i privatizacije na pomorskom dobru. Kljune rijei : pomorsko dobro, koncesija, koncesijsko odobrenje, evidencija, pretvorba.

1. AN INTRODUCTION
Institute of maritime domain, its origin and characteristics are presented in this article. This article is divided into three sections. Section one defines the maritime domain as domain of special interest for Republic of Croatia, in public use and it includes an internal sea, territorial sea, its bottom and underground, part of mainland for public use or part of mainland that is declared to be of such use, and also everything that is permanently attached to it on its surface of bellow. Thus, maritime domain consists of three components: sea component, coastal component and underwater component. An exception to public use of maritime domain is an institute of concession. Concession is a licence granted by the Government and given to legal entity or natural person for performing certain services of other activities. It is usually given for a specified period of time, and the decision about concession is brought by the Croatian Parliament on proposal of the Government of Croatia. There are two types of concession: the concession for special use and the concession for economic use. The terms of concession and its extend are regulated by concession decision and concession agreement. It can be transferred to another person, it can be given to sub-concession and it can be pawned or withdrawn, and this matter will be discussed in section two. Section three will be dedicated to the matter of rights in rem over maritime domain. The rights of rem cannot be gained over maritime domain as for instance ownership rights, pledge, etc. The status of the buildings built on the maritime domain for the purposes of living, expropriation, conversion and privatization of the maritime domain will be discussed in this section.

The Croatian version of this text is published in journal Nae more (Precious sea), Dubrovnik, No. 1-2, 2012. It was categorised as review.

2. MARITIME DOMAIN THE DEFINITION

To comprehend an institute of maritime domain, its origin and characteristics it is necessary to define the term of maritime domain. According to Maritime Domain and Seaports Act (Zakon o pomorskom dobru i morskim lukama, Official Gazette1 , No. 158/03,100/04,141/06, 38/09), maritime domain consists of an internal sea, territorial sea, their bottoms and undergrounds. Also, part of the mainland that is used for public use, by its very nature or by declaration in that sense, and everything permanently connected to this part of mainland weather on its surface or under it, is included in maritime domain. Above mentioned parts of mainland are sea shore, harbours, piers, shelf, reefs, burrs, beaches or strands, estuaries of the rivers that are sea connected, water ways that are sea connected, and also natural abundances in the sea and sea underground2 (article 3. of Maritime Domain And Seaports Act, Official Gazette, No. 158/03.100/04,141/06,38/09). Maritime domain consists of three components. The first is water component it includes an internal sea and territorial sea of Republic of Croatia. The second component is an underwater component it includes bottom and underground of internal sea and finally we have coastal component. It includes part of the mainland used for naval traffic or fishing, or generally other purposes related to the sea use, and this part of mainland has to be at least six meters wide from the line of the middle higher waters, from where the sea coast stretches, all the way up to the line where the highest waves reach during the storms3 (article 4. of Maritime Domain and Seaports Act, Official Gazette, No. 158/03, 100/04, 141/06, 38/09). Coastal component defines the border of the maritime domain looking from the coast side. Coastal area of Croatia includes 25763 km2 of mainland, and its length is 5790 km; 1778 km of it is coastal line of the mainland, and the rest of the length of 4012 km is coastal line of islands4. Maritime domain is an old legal institute and it goes back to the times of Roman Empire, when the seashore was defined as a good in public use, and in a time of feudalism, it was a property of the feudal master and owner of the land that was positioned on the shore. Kingdom of Yugoslavia has defined the maritime domain as common or public good in its Directive on public maritime domain (Uredba o pomorskom javnom dobru). In Socialist Federal Republic of Yugoslavia maritime domain was defined by republic laws; the Act Of Maritime And Aqua Domain, Harbours And Seaports of Socialist Republic of Croatia, Official Gazette, No. 19/74, (Zakon o pomorskom i vodnom dobru, lukama i pristanitima Socijalistike Republike Hrvatske), and the Act Of Maritime Domain of Socialist Republic of Montenegro (Zakon o pomorskom dobru Socijalistike Republike Crne Gore) of year 1978. Republic of Croatia defines the maritime domain in its Maritime Code (Pomorski zakonik) of year 1994. and then later in a year 2003. Republic of Croatia came up with the Maritime Domain and Seaports act. All of these laws have the same thing in common. They all define the maritime domain as public (or common) domain of special interest for country, domain under special protection of the country, and they also define that it is used under the terms regulated by the law. The term of common domain or public domain means that maritime domain cannot be under the ownership of an individual or legal entity, but it is a domain in a common or public use.
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Croatian original term for this gazette is Narodne novine. For more details see: Ivo, Grabovac, Plovidbeno pravo Republike Hrvatske, Knjievni krug, Split 2003., 48. 3 For more details article 4. of Maritime domain and Seaports Act, related to the Petar, Simonetti, Stvarna prava na pomorskom dobru i na zgradama koje su na njemu izgraene, from collection of papers: Vinko, Hlaa, Pomorsko dobro.-drutveni aspekti upotrebe i koritenja, Pravni fakultet Sveuilita u Rijeci, Rijeka 1996., 136 4 For more details see: Ivo, imunovi, Obalni prostor i pomorsko gospodarstvo, Zbornik radova Pomorskog fakulteta u Rijeci, Vo. 2. Rijeka 1993., 34.

Two consequences come out of this: first, one is that maritime domain cannot be object of gaining any rights in rem, and the second one is that Republic of Croatia administers maritime domain and takes care of it directly or with assistance of the units of regional self government or units of local self government. 2.1. Administering and maintenance of maritime domain Administering is supporting, improving, and taking care about protection of maritime domain in public use. Administering also includes the special use or economic use of maritime domain based on the concession decision or concession agreement (art 10. of Maritime Domain and Seaports Act-MDSA, Official Gazette, No.158/03,100/04, 141/06, 38/09). Maintenance is taking certain measures in order to preserve the value of maritime domain, and thus maritime domain itself, that is being registered according to the regulations of registration of real properties5. Besides units of regional self government, certain authorisation regarding the maritime domain in a sense of maintenance, is also given to the units of local self government with new Maritime Domain and Seaports Act. This authorisation is given to mentioned units regarding part of maritime domain in public use that is on their territory. An author finds this regulation to be valid and straight because the units of local self government, i.e. districts and towns, must have certain authorities over the maritime domain, instead of situation where such authorities are privilege of counties only. An approval to such stand author finds in a fact that the units of local self government are more familiar with the condition and other questions regarding maritime domain on their territory then the units of regional self government. Furthermore, this is a way of achieving decentralization, and also the way to unburden the counties. This is particularly important for the counties that have more than half of its territory positioned on the sea (for instance County of Istria or County of Split Dalmatia), because these units, besides their common duties, also have to secure and conduct registration of numerous maritime domains on their territory. Administering of maritime domain is divided in two sub-categories; regular administering and special administering. Regular administering is done according to an annual scheme and it includes the care about protection and maintenance of maritime domain. Authorities in units of local self government are the ones that make this scheme and they have to do that till 1st December of current year (art. 11, par. 3. MDSA , Official Gazette, No. 158/03, 100/04, 141/06, 38/09). Special administering includes damage recovery for damage that has occurred during the extraordinary occasions on maritime domain outside of harbours, and also making and conducting the proposals about borders of maritime domain6. Units of local self government, i.e. towns and districts are in charge of regular administering, and counties are in charge of special administering. Resources for administering of maritime domain are; fees for concession and fees for concession licence, fees that are being paid by the owners of the sailing boats and yachts registered in the sailing boats register i.e. yachts register, for the use of maritime domain, the compensations of damage that has occurred with pollution of the sea bottom, and finally the means secured in budgets of the counties or towns/districts for maritime domain on their territory (Article 11., par. 4 of MDSA, Official Gazette, No. 158/03, 100/04, 141/06, 38/09).

For more details see: Dragan, Bolana, Novine Zakona o pomorskom dobru i morskim lukama , Zbornik radova Pravnog fakulteta u Splitu (hereinafter: ZRPFS), 40., No.1-2. (69.-70), 2003., 176. 6 Vanja, Seri, Pomorsko dobro i jedinice lokalne samouprave, paper from collection of papers Dragan,Bolana et alia, Pomorsko dobro, Inenjerski biro, Zagreb 2006., 295. in accordance with: Branko, Kundih, Hrvatsko pomorsko dobro u teoriji i praksi, Rijeka 2005., 107.
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All of these means are collected on the territories of the units of local self government, i.e. units of regional self government. 2.2. The protection of maritime domain Protection of maritime domain is secured with an order i.e. with using the maritime domain in such manner that it is not endangered, polluted, and by inspectional and administrative supervision in conducting the regulations about maritime domain7. Regulations about environmental protection are used on protection of the maritime domain from pollution, except pollution by floating objects and vessels. In Republic of Croatia, according to Maritime Domain and Seaports Act, the units of local and regional self government are in charge for the protection of maritime domain. This matter, besides the mentioned law, is regulated also by Declaration on environmental protection in Republic of Croatia, Official Gazette, No. 34/92 (Deklaracija o zatiti okolia u Republici Hrvatskoj). In the Head Three, article 4., paragraph 2, line 5. of Declaration it is determined that for the purposes of conducting the rules of this declaration, special ministry for environmental protection and physical planning will be established and it will be connected to authorities in units of self government. Even though this ministry was established, its connection with the organs of the units of local self government has remained so far only law regulation with no practical use whatsoever. Author finds that it is necessary to connect the Ministry with authorities in units of local and regional self government, since Republic of Croatia is maritime country at by the regulations of the laws it is due to take care of its territory, thus it is due to take care of maritime domain too. Through this connection, better protection would be reached more easily, and thus an author proposes establishment of mixed commission for protection of maritime domain. This commission would be gathered by the representatives of three abovementioned bodies. 2.3. Defining the borders of maritime domain Defining the borders of maritime domain is a procedure of a special interest for Republic of Croatia and it is an assumption for registration of maritime domain in real estates registers. Furthermore, construction of the complete system of conducting and administering the coastal and sea resources of Republic of Croatia depends on procedure of defining borders of maritime domain. This procedure is conducted according to the rules of Maritime Domain and Seaports Act and Directive about procedure of defining the maritime domain border- Directive (Uredba o postupku utvrivanja granice pomorskog dobra), Official Gazette, No. 8/04, 82/05. It is conducted by Committee of Ministry for borders of maritime domain, positioned by competent minister on proposal of three member county committee for borders which is established by country ruler8 (For more details see art 14. of Directive about the procedure of giving concession upon the maritime domain, Official Gazette, No. 8/04, 82/05).
For more details see: Ivan Roso, Neki problemi upravljanja, odravanja i zatite pomorskog dobra , ZRPFS, Split br. 4 (64), 2001., 543. 8 Directive has regulated that the Committee consists of 7 members who are representatives of these bodies: - -County governing body competent for Maritime Affairs (two members). - -County governing body competent for physical planning and environmental protection Affairs. - -State geodetic directorate cadastre district office. - -Harbour captaincy. - -District court.
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Jadranko Jug considers that this procedure is administrative procedure9. The author agree with Jug and thinks that this administrative procedure because it meets all the criteria set out a definition of administrative proceedings10. This procedure is taken up by administrative body, in this case (Ministry) that applies substantive rules on some social relation (maritime domain, in this case), bringing administrative acts defining the rights, obligations and interests of subjects (maritime domain's user). Nor law nor mentioned directive did regulate who can be member of committee; only thing regulated that is composed of president and two members. Author finds that the members of county committee have to be independent experts on maritime domain, named by competent authorities and bodies of Ministry of that local or regional self governed unit. That would also be the way of reaching objectivity and competence while proposal of the maritime domain borders is being made. Directive about the procedure of defining the maritime domain borders (Uredba o postupku utvrivanja granice pomorskog dobra the Directive), Official Gazette, No. 8/04, 82/05 indicates that the border of maritime domain comprehends an area that is used for navigation and fishing on the sea, and for other purposes regarding the sea exploitations, according to the documents of physical planning (for more details see Directive, article 3., paragraph 3., line 2.). The border of the maritime domain is defined by using the existing natural and legally built artificial obstacles (natural mows, vegetation, plants, coastal walk edges), (for more details see Directive, art. 3., Official Gazette, No. 8/04, 82/05). If configuration of sea shore does not change, maritimo line of cadastre changes will be used. Committee makes proposal of the maritime domain border based on the Annual plan of administering, and just as an exception, upon request and only if requested area is not under Annual plan of administering over maritime domain. Above mentioned request for determination of maritime domain border can be put by the Government of Republic Croatia, over its Ministry of the sea, tourism, traffic and development, then bodies of public administration and natural person or legal entities (art. 4. paragraph 7. of Directive, Official Gazette, No. 8/04, 82/05). According to the practise so far, requests have usually been directed towards couple of meters of coastal line. The procedure of setting borders on maritime domain is slow and sluggish and this is a reason why this question has never been completely arranged and confirmed in practise11. Together with demand, it is necessary to attach the copy of cadastre plan of the area that needs to be border defined, the certificate of possession sheet and certificate of relevant documents about physical planning, certificate of real estates registers, geodetic shot of the area or digital ortophoto plan with integrated copy of cadastre plan and proof about payment of the fees for defining maritime domain borders (see art. 4. , par. 9. Directive , Official Gazette, No. 8/04, 82/05). Demand is applied to Committee and it is due to check its status and completeness within 8 days. If Committee finds that the demand is not complete, it will give dead line to the demander for completing it. Mentioned dead line can not be shorter than 15 days. If the demand is

-Local self governing unit on whose area the borders of maritime domain are being defined

See: Jadranko, Jug, Pravni status opih dobara, from T., Josipovi et alia, Nekretnine u pravnom prometu, Ininjerski biro, Zagreb 2004., 7 10 The administrative procedure is a set of legal rules which regulate the mode of action of government authorities, other government bodies and legal entities with public authority, as the body of the application of substantive rules on specific social relation bring their administrative acts upon the rights, obligations or legal interests of certain entities. See: art. 2. of Act of General Administrative Procedure, Official Gazette No. (47/09) 11 For more see: Boris, Fantulin, Utvrivanje granica pomorskog dobra u okviru zakonskog dobra, in Branka, Barii- Marijan, Bitanga-Boris, Fantulin, et alia., Pomorsko dobro, Inenjerski biro, Zagreb 2006., 134.

complete, county committee is due to deliver the proposal of maritime domain border within 90 days (art. 5. of Directive, Official Gazette, No.8/04, 82/05 ) to the Committee of Ministry12. An author finds that in order to raise an efficiency and speed of the procedure of defining the maritime domain borders, some of these dead lines should be shorter. This particularly refers to dead line for completing demand 15 to 8 days; for delivering of the borders proposal to Committee of Ministry 90 to 30 or 60 days top. According to Directive, proposal of maritime domain border consists of textual part with explanation and attachments. Textual part with explanation includes the inscriptions of the maritime domain borders, data of eventually defined maritime domain border based on previous law regulations, data about filling or erosion of the coast, data about configuration and existing status of surrounding area, reasons that define the proposal of the border and data about harmony among existing status in area and the status in the documents of physical planning (art 7. of Directive, Official Gazette, No. 8/04, 82/05). Border of maritime domain is concluded and defined by decision of Ministry Committee, besides in a cases when border of harbour area is defined in a harbours opened for public traffic. This decision includes the description of maritime domain border and list of plots from real estate registers and cadastres that are based on maritime domain whose border is being defined (see art. 9. of Directive, Official Gazette, No. 8/04, 82/05). Committee is due to deliver these decisions to the competent State bar for its inscription in real estate registers13. Against this decision, a party can appeal to Ministry within 15 days.

3. CONCESSIONS AND CONCESSION APPROVAL ON MARITIME DOMAIN

3.1. Concession- the definition and types Concession is defined as a right to exclude completely of partially part of maritime domain out of the public use, in order of giving it on special or economic use to legal entities or natural persons who are registered for conducting the trade. Concession and concession approval are defined in the MDSA and Directive about the procedure of giving concession on maritime domain- Directive about the procedure (Uredba o postupku davanja koncesije na pomorskom dobru), (Official Gazette nr. 23/04, 101/04, 141/06, 38/09), and also in Concession Act (Zakon o koncesiji), (Official Gazette nr.125/08). According to these laws, concession on maritime domain can be given only after the border of maritime domain is defined and recorded in the real estate registers (see art 7. of Maritime Domain and Seaports Act, related to Directive about the procedure, art. 2.) However, emerging question here is what happens if maritime domain is under the rights on rem and other gained rights and thus it cannot be recorded into the real estate registers? The Maritime domain and Seaports Act does not give an answer to this question. Author finds that in such case concession should not be given until existing status of maritime domain does not get resolved. There are two types of concessions: concession for economic use of maritime domain and concession for special use of maritime domain.
Vladui finds this phase as pre-administrative procedure. See: J., Vladui: Odreivanje granica pomorskog dobra, ZRPFS, 46, No.1 , 2009. , 229. 13 For more details see article 15. of Maritime Domain and Seaports Act, related to B, Fantulin, (2005.), 137.
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3.1.1. Concession for economic use of maritime domain Concession for economic use of maritime domain is used for conducting economic activities and services with or without the use of existing buildings or other objects of maritime domain14. Concession for economic use of maritime domain is given by general rising of offer, and the decision about rising of offer is brought by concession provider. In order concessionaire would gain the right of concession he must be registered for performing economic services for which the concession is given, he must have technical, organizational and expert abilities for realization of concession, he must have guaranty for realization of the concession plan and program, he must have all the obligations from previous concessions annulated, and finally concession can not be taken away from him15. Concession is given on certain period of time, and this period depends of purpose of concession, its scale and volume, the need for investment and total economic results achieved with such concession. Thus, concession for an economic use of maritime domain or building of structures that are important for county is given by county government on the period of 20 years top, and previous procedure of giving concession is lead by competent county administrative body (for more details see Maritime Domain and Seaports Act., article 20, par. 2). Concession for an economic use of maritime domain which includes the building of structures that are important for Republic of Croatia is given by Government of Republic of Croatia on period of 50 years top, and previous procedure of giving concession is lead by Ministry. Concession for building of new structures that are important for Republic of Croatia, that demand significant investments, and economic results cannot be achieved within 50 years, is given by the Government of Republic of Croatia on proposal of the Parliament on period of 99 years16. After the decision about general rising of offer, concession provider has a right of non accepting all of incoming offers. If concessions are related to an islands or areas that are considered to be islands in accordance to the Islands Act (Zakon o otocima), an advantage for the offer has an applicant whose registered office or place of residence is on island17. This solution is opposite to the rule about the equal position of all before the law. The author thinks that residence of an applicant cannot represent the only most important criteria for the concession on the islands. The only criteria should be the financial viability offer. Nowadays many buildings and stateowned companies, even islands are sold to foreigners. Accordingly, the author sees no reason why a concession on the island could not get the person who does not reside on the island. Then, the president of the competent body within 8 days period delivers the results and opinion to the body competent for conducting the procedure, and this body is now due to make a proposal of concession decision within further 8 days. Concession decision defines the volume and the terms of special use. This decision includes: the area of maritime domain that is given on special use or economic use, manner, terms and time of use or economic use of maritime domain, degree of exclusion of public use upon maritime domain, concession fees, list of an objects of sub structure or super-structure on the maritime domain that are

For more see: Dragan, Bolana, Osnovne znaajke Zakona o pomorskom dobru i morskim lukama , Pomorsko poredbeno pravo, god.43, No.158, Jadranski zavod, Zagreb 2004., 13 15 For more see: art.17-22. of Directive in according with Dragan, Bolana:Pomorsko dobro i koncesije,Pomorsko dobro,Zagreb,2005.,129. 16 For more see: D., Bolana, .(2004.), 17. 17 This solution is opposite to the rule about the equal position of all before the law. For more details see Vanja, Seri, Koncesijsko odobrenje i naelo trinog natjecanja, Aktualnosti hrvatskog zakonodavstva i pravne prakse, Godinjak 12, Organizator, Zagreb 2005b., 555
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also given to concession, and finally rights and obligations of concession provider and concessionaire (art 24. of MDSA, Official Gazette, No. 158/03, 100/04, 141/06, 38/09). Concession decision is based on the results and opinion of competent body and it presents the assumption to conclude the concession agreement that defines the concession more closely. It defines the purposes of concession, terms that have to be fulfilled by concessionaire, way of paying the fees and compensations for concession and their height, and also the guarantees of concessionaire (art. 25. paragraph 2. of Maritime Domain and Seaports Act, Official Gazette,No. 158/03, 100/04, 141/06, 38/09). If concessionaire does not conclude concession agreement within certain period of time, concession will be taken away from him. Author finds this regulation justifying and righteous because if concessionaire does not conclude this agreement it means that he is no longer interested in concession. Concessionaire is due to pay annual fee that consists of permanent and changeable part, and the height of fee is defined according to the economic justifiability and profitability of using the maritime domain18. 3.1.2. Concession for special use of maritime domain Concession for special use partially or completely excludes public use of maritime domain for a purpose of conducting special use. This special use includes building of the different structures on maritime domain for religious needs of community, cultural purposes, welfare and education, science, sport, humanitarian activities, and building of various structures for military purposes, internal affair purposes, ect19. Specific characteristic of this concession lies in a fact that the right of economic use of maritime domain can not be transferred on concessionaire with it. This concession is also used for a specified period of time, and that period is defined with Directive about the procedure of giving concession on maritime domain- Directive about the procedure (Uredba o postupku davanja koncesije na pomorskom dobru), Official Gazette, No. 23/04, 101/04. For concession on the objects of state importance, the period is up to 99 years and the concession granter is Government of Republic of Croatia. For concession on objects of county importance the period is up to 20 years, and the concession granter is County head20. Finally, concession on the objects of local importance is given on period of up to 20 years, and the concession granter is town head or mayor (art. 24. Directive about the procedure, Official Gazette, No. 23/04, 101/04). Concession for special use is given upon the written demand applied to the competent body. The demand contains the name, surname, business name and place of registered office of the applicant, the statement about the purpose of special use of maritime domain together with the concept design, declaration of competent body for physical planning about the importance of domain that is demanded to be put in special use, and also declaration about harmony of concept design of use with physical planning documentation, and finally the proof about registration of legal entity (art. 25. of Directive about the procedure, Official Gazette, No. 23/04, 101/04). The procedure of giving concession for special use is identical to the procedure of giving concession for an economic use of maritime domain. Only difference is that applicant of concession for special use has to, among other things, apply for another demand the demand for issuing the building licence (in a case of building on maritime

See more: D., Bolana, (2005), 133-135. B., Kundih, (2005) 161. 20 Split-Dalmatian County committee gave concession for the purpose of using special purpose ports on the part of Donja Podstrana, district Stroanac to sporting society Stroanac. The decision is founded in Official Journal of Split-Dalmatian County, No 1/2007.
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domain), and compliance of captaincy on concept project that is given on behalf of safety of the navigation, because otherwise concession licence would be taken away21. County government of Istria has given the concession of a maritime domain in a bay called Pjeana uvala near Pula for a period of 20 years to Sport Angling Society Pjeana uvala. This case is doubtful and controversial because concession was given without the previous defining and registering of martitime domain boundaries. This decision has been cancelled by Ministry of Maritime Affairs, Transport and Infrastructure22. Author finds that concession should not have been given until the questions regarding borders of maritime domain were resolved. Previous defining and registering of maritime domain must be realized before the giving of concession of maritime domain. Otherwise concession could be given in an area that is not a maritime domain. So for that reason, author finds decision of Ministry justified. 3.2. Concessional approval Concessional approval is legal institute given on demand of natural person or legal entity that is registered for practising and conducting various services or businesses on maritime domain that nor exclude nor limit the use of maritime domain23. Concessional approval is given by Council for concession approvals and it consists of five members, it is established for every town or district, and it is also given by public authority that administers the protected area with the agreement of Ministry for environmental protection, physical planning and building, if approval or concession is related to conducting certain activities on protected areas ( article 39., par. 2-5 of MDSA). Composition of the council for concession approvals is determined in article 7. of Directive24. Author finds that three representatives of units of local self government in Council should be experts on maritime law in order of reaching objectivity in decisions made by council. Reason for establishing this institute is maintenance and protection of maritime domain and gaining profit for local and regional units and the whole country. Constitutional approval is given for conducting the services on sea shore, internal seas and territorial sea of Republic of Croatia, upon immovable cultural domain and exclusively on demand of applicant unless it comes up to conducting services on protected areas and immovable cultural good. In this case approval can only be obtained by general rising of the offer (art. 14. par. of Directive about the procedure, Official Gazette, No. 23/04, 101/04). Mentioned demand has to be in harmony with an annual plan of administering of maritime domain, it has to have already mentioned agreement of port policy, and certificate of competent county body about micro location on maritime domain25. Concession approval, as well as concession, can only be given to legal entities and natural person registered for conducting the trade (art. 38., par. 1. of MDSA, Official Gazette, No. 158/03, 101/04, 141/06, 38/09). Author agrees with this regulation completely because concessional licence is given exclusively for conducting certain services and thus it only can be given to the subjects that are involved with these activities and not any

21 22

See: B, Kundih, (2005) .163. For more see: Bojan, iovi, Sportska luia u Pjeanoj uvali nelegalna, Glas Istre, Pula edition from 10TH January 2013. year, 15. 23 For more see: Goran,Vojkovi, Pomorsko dobro i koncesije, Hrvatski hidrografski institut, Split 2003., 190. 24 Council for concession approval is composed of: - Representative of town/district upon which area the council is being established (three representatives). - Physical Planning Expert named from body competent for releasing the documents. - Financial expert- Representative of Ministry of Finance-competent Tax administration. 25 See:V., Seri, (2005b)., 557.

legal entities or any natural person, as it used to be practise in ex Maritime Code (Pomorski zakonik). Concession approval is given on period of 1 year up to 5 years. Period that is shorter and related to days, not years, is given for activities regarding cultural, sport, entertainment and commercial shows, and for recording commercial programs or advertising (art 9. of Directive about the procedure, Official Gazette, No.23/04, 101/04). Concession approval for economic use of natural goods and conducting other activities on protected areas is given on period of up to 3 years, and for conducting activities on immovable cultural goods on period of up to one year. According to ex Maritime Code (Pomorski zakonik), concession approval was given on period of one year top. The MDSA regulates another new possibility; possibility of appealing against the decision on concession approval to competent Ministry26. This emphasizes that decision on concession approval is administrative act by its nature27. Activities that can be conducted based on concession approval exclusively on sea shore and territorial sea are: transportation of passengers with vessel, ship or submarine, renting the floating vessels, transportation of the cargo, sea cleaning and technical labours, and transportation of passengers, cargo and items. Activities that can be done on sea shore are: renting of the means, catering trade and commercially recreational activities28. Activities that are conducted on bases of concession approval are ought to be conducted forbearingly without endangerment of other subjects during the use of maritime domain. For instance, renting of the sea-scooters or jet-skies can not be done on the part of maritime domain that is meant to be used exclusively for swimming. 3.2.1. Transfer of concession and sub-concession Concession can be transferred by written and explained transfer proposal completely on another person under the same terms, with the agreement of concession provider29. Authorised concessionaire of concession for economic use can assign performing of certain side activities that are being performed in minor volume, to other legal entities or natural persons with permission of concession provider. These persons or entities have to use maritime domain according to the terms of concession (art. 26. of Maritime Domain And Seaports Act, Official Gazette, No. 158/03 100/04, 141/06 38/09). If these persons would not respect the terms of the concession, it would, in the author's view, constituted a valid reason for termination of the concession. Concessionaire can give explained proposal to the concession provider regarding sub-concession to another natural person of legal entity if he (concessionaire) is not capable

Differences between ex and new Maritime code are enumerated in:Dragan, Bolana, 2004., 25. Decision on concession approval completely preforming condition mentioned in definition of administrative act: - act of state organ or of organization, - it is reached in performing public authorities, - it decides about definite rights or obligations of individual or administrative organization. For more see: Ivo,Borkovi, Upravno pravo, Seventh Edition, Narodne novine (Official Gazette), Zagreb 2002, 363. 28 For more see: V., Seri, Koncesijsko odobrenje kao instrument gospodarskog iskoritavanja dobara s posebnim osvrtom na pomorsko dobro, from D., Bolana et alia, Pomorsko dobro, In. Biro, Zagreb 2005., 58.63. 29 D, Bolana, (2004)., 20. The Croatian Government has give a consent to the transfer of the concession of the maritime domain for the purpose of commercial use to carry out activities in the Bay of Mali Ston to the Mussels Crafts Pesej. For more see: Official Gazette, No (106/2012).
26 27

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of fulfilling his obligations from concession agreement, or if he finds that conducting the activities under concession would be more efficient if assigned to another person or entity in sub concession30 (art. 4.-6. of Directive about the procedure of giving concession upon the maritime domain, Official Gazette, No. 23/04, 101/04). Concession provider is due to give his permission to the proposal or to refuse it in a period of 30 days counting from the day of receiving proposal, and if he gives his permission, he is due to make new concession agreement with authorized concessionaire. 3.2.2. Revocation of concession Concession can be withdrawn by concession provider at any time, or partially when Croatian Parliament finds that such withdrawn is in interests of Republic of Croatia (art. 29., par.1. of MDSA, Official Gazzette, No. 158/03, 100/04, 141/06, 38/09). Author finds this regulation unacceptable because it allows very wide spectra of reasons for withdrawing it any time of for any reason. Though some authors, for instance dr.sc. Goran Vojkovi, consider that concession should be withdrawn only at exceptional cases; for instance war or direct endangerment of independence, uniqueness and survival of Republic of Croatia (art. 99.-100. of Constitution of Republic of Croatia, Official Gazette, No. 44/01,55/01). Author finds that the law should define the cases that are important for interests of Republic of Croatia and when concession could be withdrawn. Author claims that this would help to raise the levels of legal security. An authorized concessionaire who has built certain structures on maritime domain in case of withdrawal has a right on compensation of the expenses depending on the period of time that he was not able to use concession (art 29., par 2. of MDSA, Official Gazette, No. 158/03,100/04,141/06,38/09). 3.2.3. Concession renunciation Authorized concessionaire can abdicate concession. Appropriate name for a renunciation of the concession would be concession abandon, because in this case, authorized concessionaire is giving up from the concession and he will not the authorised concessionaire anymore. In a case of partial renunciation, it can be done in a period of 30 days from the day of receiving the statement about partial renunciation (art. 29. of Maritime Domain and Seaports Act, Official Gazette, No. 158/03,100/04,141/06, 38/09). Author thinks that this statement should be irrevocable and certified by a notary public. An example of this is renunciation of concession for using prefabricated pier on the coats of the island Bodula (Municipality of Medulin), done by Davor Buri and Kristian ebeli31. 3.2.4. Withdrawal of concession Concession is subtracted in following cases: if authorized concessionaire does not build structures or other objects for which the concession was given in a certain period of time, if he does not comply to the law regulations and other rules or if he does not follow the terms of concession, if he does not use concession at all, or if he does not use it in a purposes it was given for, or if he uses it over the limits regulated by concession agreement, if he

30

The Croatian Government has give a consent to giving in sub-concession upon the part of maritime domain of Kraljevica port to the Shipyard Kraljevica at August of 2008. 31 The decision is situated in http://www.istra-istria.hr/ fileadmin/ dokumenti/85-10.doc:,taken from1 June 2013.

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performs an actions on maritime domain that are not mentioned in a concession or are opposite to the approved project without permission, if he does not pay regularly the concession fees32 and finally if he does not protect and maintenance maritime domain on a way regulated in concession agreement ( art 30. par.1. of Maritime Domain and Seaports Act, Official Gazette, No. 158/03,100/04,141/06,38/09). A decision regarding subtraction of concession is brought by concession provider and he is due to ask the concessionaire to reply on the reasons for subtraction of concession within specified period of time (articles 9.-10. Directive about the procedure of giving concession upon the maritime domain, Official Gazette, No. 23/04, 101/04). Author finds that this period for reply of concessionaire should be minimum 8 days and up to 15 days top because this would speed up the procedure of subtraction and it would save the time. Then, the concession agreement is terminated, and concessionaire has not a right of compensation of the damage because of agreement termination. 3.2.5. Ending of concession Concession ends in these cases: expiration, abdication of the concessionaire, death of concessionaire i.e. by end of existence of legal entity if successors within 6 months counting from the day of death or end of existence do not ask confirmation of concession, subtraction of concession and finally agreement about termination of the concession33(art. 30, par.1. of Maritime Domain and Seaports Act). Concessionaire does not have a right of compensation in this case, but he has a right of taking away the structures he has built unless they are permanently attached to maritime domain, and if it is possible by very nature without causing damage on maritime domain34. If such removal of structures is not possible, structures will become belonging of maritime domain according to article 33. of Maritime Domain and Seaports Act. The laws say nothing about the compensation of damage to the concessionaire in a case of end of concession. Author finds that concessionaire should have such compensation of damage in cases of ending of concession for a reason of expiration or mutual agreement about termination of concession, if concessionaire is not the one to be blamed for termination. 3.2.6. Concession disputes All of the questions regarding giving concession, performing it, subtraction or changing of concession (concession disputes) are under jurisdiction of competent Ministry35. Many legal experts do not agree to the mentioned rule. Author of this article also finds this rule unacceptable because Ministry is not competent for giving, or for subtraction of concession, and thus it should not be competent over concession disputes. Author finds that for economic reasons and objectivity reasons, these disputes should be given to special arbitral tribunals for maritime affairs, and the disputes and pleas should be lead and decided by experts in maritime law. Some authors, for instance Vojkovi, consider that commercial

32

So for that reason Croatian Government has taken up the concession on the maritime domain for the purpose of commercial use-industrial port Dugi Rat to the factory Dalmacija Dugi rat in 2003 year. For more see: Official Gazette, (10/2003) 33 See art. 31-33. of Maritime Domain and Seaports Act, nr.(158/03,100/04,141/06,38/09)) in accordance with Nina, Perko, Sluajevi nezakonitog koritenja koncesije na pomorskom dobru i posljedice takvog postupanja, from journal of papers Branka, Barii. et alia, Pomorsko dobro, Inenjerski biro, Zagreb 2006. 36. 34 N, Perko, ibid., 38. 35 Many legal experts do not agree to the mentioned rule. For more see: Mihajlo, Dika, Osvrt na rjeavanje sporova u vezi s koncesijama na pomorskome dobru, from collection of papers Vinko, Hlaa: Pomorsko dobro i koncesije, Pravni fakultet u Rijeci, Rijeka 2005., 39-42.

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courts ought to have jurisdiction in these disputes36. Author is opposed to this opinion because he thinks that disputes would be resolved more efficiently before an arbitrage rather than courts. It is not possible to appeal to the decision of Ministry, but administrative dispute can be initiated.

4. PROPERTY-LEGAL ISSUES REGARDING MARITIME DOMAIN

4.1. Gaining of rights in rem and expropriation procedure Maritime domain, according to the Maritime Domain and Seaports Act, can not be an object of gaining ownership or other rights in rem on no bases. There used to be a possibility of gaining ownership over maritime domain (up to year 1974.) and mostly on buildings built on maritime domain with purpose of living in it. Thanks to this law solution, numerous buildings and houses were built on Croatian coast for living. Status of these buildings has been defined by Maritime Domain and Seaports Act. Existing buildings built o maritime domain that are gained or built upon proper legal bases (built till the year 1974.) shall be given to special use for all the time that they are used in a purpose of living without paying fees or compensations, and user of the building is due to demand concession. If part of that building is used for economic activities, user is due to demand concession for economic use37 ( art. 118., of Maritime Domain and Seaports Act, Official Gazette, No. 158/03, 101/04, 141/06, 38/09). The law never mentioned the term owner, only user, and this user becomes concessionaire due to pay a fees for concession with upcoming of this law. Author finds this rule illogical because if someone has built certain structures or buildings with proper and valid legal bases he can only be owner, not user. Owner and user can never be synonyms, since the right of use is only one of more owners mandates looking way back to the Roman Empire laws. Author finds that a status of existing structure that is gained by valid legal base and if built legitimate complying to the positive regulations and laws, should not be changed. An authority that administers the existing structure that is positioned on national park or special reservation is due to demand concession for special use. Croatian Supreme Court says: Buildings and structures built on maritime domain are belonging to the maritime domain. Explanation of this verdict said: Maritime code, as lex specialis, does not require that buildings and structures that are built on the maritime domain, either on the basis of the concession or on the right to build, legally, are not part of maritime domain ( Croatian Supreme Court, GZZ 131/03 of 2nd July of 2003). Maritime domain is considered to be protected area and upon it the procedure of expropriation can be conducted procedure of limitation and regaining of ownership with compensation of market value of real estate. Market value is value that can be achieved on market in ratio of market supply and demand in time of its determination38. The term expropriation on maritime domain is especially actual in current process of privatization of Croatian shipyards because some of them, for instance Brodosplit and Brodotrogir are completely on maritime domain. The solution was found in decision made by the Government to stop the privatization procedures until shipyards dont get proper compensation. Expropriation on maritime domain is conducted in a manner that former owner gets to be

G, Vojkovi, (2003.), 186. Dragan, Bolana, Stvarna prava na pomorskom dobru, Aktualnosti hrvatskog zakonodavstva i pravne prakse,Yearbook 13, Organizator, Zagreb 2006., 77.-78. 38 For more see:, Desanka, Sarvan, Pravni status nekretnina u zatienim podrujima, Aktualnosti hrvatskog zakonodavstva i pravne prakse, Godinjak 12, Informator, Zagreb 2006.,545. -546.
36 37

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concessionaire without paying fees till the amount of determined fees for concession does not reach the amount of proper compensation for expropriated property. Author finds this regulation unintelligible because it is impossible to connect expropriation and concession. Concession that is given is in this case unilateral legal action, and it can not be named concession because concession is formed by bilateral agreement and declaration of will done by two parties. Expropriation could be done also in a manner that former owner receives real estate on some other area that is not maritime domain. Right of ownership on maritime domain can be recognized only at object which authorized concessionaire built on maritime domain during the concession. This opinion is made from attitude of Act about ownership and other rights in rem Act about Ownership, Official Gazette, No. 91/96, 68/98,137/99, 22/00,73/00, 114/01, 79/06, 141/06. This Act defines that objects built on maritime domain on the basis of concession are not their component part. Maritime domain can not be an object of gaining ownership or other rights in rem on no bases, even according to the old AustroHungarian Allgemeine Grundgesetz Buch. There was a plea at Municipal Court in ibenik where the plaintiff sued Republic of Croatia for determination of ownership on real estate. Mentioned real estate is situated on seacoast and represents a public domain in general use. Plaintiff said that his father has been possessor of dispute land until 1950s. His plea was rejected since it was determined that this real estate is in a zone of maritime domain. Because of its position, these real estates cannot be an object of gaining ownership rights to any legal rules (Croatian Supreme Court, Rev 17/97, 9th October 1997). To the status of ownership on real estate that used to be on maritime domain and it is no longer there the Maritime Domain and Seaports Act does not give any thoughts. Opinion of State bar is that this real estate becomes the property of Republic of Croatia. This opinion is corroborated by the attitude that Republic of Croatia is the one in charge of administering over maritime domain, thus by the system of automatism it becomes the owner of such real estate, and also an institute of appropriation- i.e. taking the property of someone else, or common property on territory of Republic of Croatia that does not have known owner39(art 362. par. 2. Act About Ownership, Official Gazette, No. 91/96, 68/98,137/99, 22/00, 73/00, 114/01, 79/06, 141/06). Author agrees to this opinion completely. 4.2. Conversion and privatization of maritime domain Conversion is a procedure of reshaping of the firm that is in common ownership into the firm that has a specified owner40. In nineties of XX century, or the first years of Croatian independence, conversion and privatization of many social firms took place and some of these firms had their objects on maritime domain. These objects were considered as basic mean in their asset, i.e. a property that has been given to them for use. An Act About Conversion And Privatization (Zakon o pretvorbi i privatizaciji) did not mention a thing about whether these real estates are part of founding capital of firm, but Croatian privatization fond (hereinafter: Fond) excluded the real estates from estimation of founding capital of the firm, and value of these objects was included in estimation of investment in maritime domain41. The only condition for conversion was that the specified object was capable of being under ownership, that the right that is about to be converted is gained on proper legal basis with fulfilment of all of the presumptions that were necessary for gaining of that right at that very moment, and finally that the current

S, Frkovi,. (2005.),. 191. See: Hrvoje, Kaer, Reafirmacija prava vlasnitva na nekretninama u hrvatskom pravu , Zbornik radova Pravnog fakulteta u Splitu, god. 40, No. 1-2. (69-70),2003., 37. 41 Julia, Vladui, Evidentiranje pomorskog dobra u hrvatskom pravu , own edition, Split, 2008, 126.
39 40

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conversion was not defined by some other special laws42. After finalizing conversion process, new firms have put up the proposals for registration of their ownership over the real estates. However, Fond would release the decision about concordance to conversion, and this decision never included the list of real estates that were included in value of founding capital of the firm, only the total value of capital, number and nominal value of stocks and thus it was not convenient and appropriate for registration of rights on real estates. Reason for this was that the firms were obliged to deliver the proof about the right of use on real estates together with their demands, and after that, the Fond was allowed to determine whether some real estate is part of founding capital of the firm or not by discretion. Fond even came up with the rule that it is not necessary to demand the confirmation that shows whether certain real estate enters the founding capital or not, and this caused the deception of numerous capital societies since in a moment of finding out about that information all of the time-limits have already passed so it was not possible to initiate administrative dispute43. In some cases of registration of rights, courts registered only the change of the name of legal entities and the right of use over real estate would remain registered, whilst the other registered their status changes and the right of ownership instead the right of use. This lead to the big chaos in real estate registers44. An example for this is Split firm Dalmacijavino that is completely positioned on maritime domain, and its privatization was conducted despite the fact that Croatian fond of privatization and vice-president of Government were familiar with opinion of Snjeana Frkovi, deputy of State bar who warned that Dalmacijavino does not have any rights over objects on maritime domain, and also does not have a right of invest compensation and that it is vital to deal the possible controversies over these problems before the selling takes place. However, opinion of State bar was not obligate for Fond, and author finds this odd because if the opinion of State bar is not obligate then what is its purpose at all. This rule is by opinion of author the basic ground for illegal privatization of Dalmacijavino which firm is today in a really bad shape. It is absurd that in the action Mali maestro where businessman Svjetlan Stani and vice president of Fond Ivan Gotovac, among other things were sued for selling of Dalmacijavino, both of them were released of the guilt45. The only law that was an attempt thought late one, to remove the negative consequences of privatization was an Act About Ownership in its edition of 2006. in art 39a (Official Gazette, No.79/06.). Author finds interesting decision of County Court in Split about privatization of one touristic company from Split which says: Right of use and dispose of property which are unable to be subject property will exceed such proprietary rights in the assets of the legal successor of the sociolegal person. These rights can not be converted into the right to ownership of the land. Such property rights stop privatization of the Company which had previously belonged to (Split County Court, G-3249/06 of 3rd January 2007 year). That rights cannot be converted into the right of ownership of the land, because in case of conversion, that rights end. Author finds this verdict righteous because it has shown that the conduction and privatization of social firm was illegal. This verdict is partially based on article 1038. of Maritime Code (Pomorski zakonik) and by authors opinion it should be ground base for other verdicts that should prove the illegitimacy of conversion and privatization.

Mladen, uvela, Jadranko, Crni, Pretvorba, privatizacija, denacionalizacija-pravni status neobuhvaenih odnosno neprocijenjenih nekretnina-primjena l. 47. Zakona o privatizaciji, Pravo i porezi, Zagreb No. 3., 2001., 17 43 Hrvoje, Kaer,. Reafirmacija prava vlasnitva na nekretninama u hrvatskom pravu,, ZRPFS, Year 40, No.1-2, 2003., 42. 44 Dubravka,Vukmanovi, Pretvorba i privatizacija na pomorskom dobru , Pomorsko dobro, Inenjerski biro, Zagreb 2005., 120-124. 45 For more see: Sanja, Stapi, Dalmacijavino duguje 683 milijuna kuna, Slobodna Dalmacija, edition of 19. December 2006.
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5. THE CONCLUSION
Maritime domain is a domain of special interest for Republic of Croatia; it is administered and protected by Republic of Croatia directly of through the units of local and regional self government. Administering can be regular or special. Special jurisdiction is under jurisdiction of the counties. Author finds that this should be under jurisdiction of unit of local self government for the domains that are based on its territory. Protection of maritime domain of pollution is determined in Declaration about environmental protection. Procedure of determination of the borders of maritime domain is done by special committee for making proposal of the border but it does not decide about it; Ministry Committee does. This is not logical and on the other hand it is opposed to the an Administrative Procedure Act (Zakon o upravnom postupku) in a sense that one procedure is being lead by two different and separated authorities. Author finds that only one authority county committee should lead this procedure and come up with adequate decisions. Furthermore, concerning the case of so called undisputable maritime domain, the registration of maritime domain without determination of borders should be legalized, and the registration of rights on rem should be prohibited at the same time. Procedure of expropriation can be done upon maritime domain, and the result of it is that expropriator gets the possession of real estate with compensation of market value to the former owner. Expropriator is Republic of Croatia and the counties should be too if expropriation is done for a reason of building the harbour of county importance. According to the Maritime domain and Seaports Act, existing buildings for living built of legitimate legal bases on maritime domain shall be given to free special use, and the user of such structure is due to demand concession for using it. Mentioned rule does not make too much sense because no one would normally give up on the ownership to have a right of use. Also the term legitimate legal base is used, but this term was never defined in laws, thus it should get defined.
ABSTRACT In this article an author presented the legal problems of maritime domain that represents an important institute of maritime law. Maritime domain is defined by Croatian Maritime Code and the Maritime Domain and Seaports Act as part of the national territory on land, internal waters, its bed and subsoil, and has spe cifically geomorphological and functional characteristics to bed determined in the process of determining the maritime domain borders. Determination of maritime boundaries represents crucial problem, because the Maritime Domain and Seaports Act left wide possibilities of expanding the maritime coast, under certain conditions. The maritime domain is governed, maintained and protected by Republic of Croatia directly or through its counties and districts/towns. Maritime domain is common good in public use, but in can be also used in favour of certain legal subjects-institute of concession. Special attention is adhered to the status of buildings constructed in the maritime domain, as well as the issue of privatization in the maritime domain. Key words: maritime domain, concession, registration, property, privatization

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6. THE LITERATURE
a) Books: BARII, Branka -BITANGA, Marijan- FANTULIN, BorisFRKOVI, Snjeana JUG, Jadranko- LAMBAA, Drako- NAKI, Jakob- PAVLOVI, ime- PERKO, Nina- PUH, Aleksandar- SERI, Vanja: Pomorsko dobro, Inenjerski biro, Zagreb, 2006. BOLANA,Dragan-DELA,Damir-FRKOVI,Snjeana-JUG, Jadranko-KUNDIH,Branko-NAKI,Jakob-SERI,VanjaVUKMANOVI,Dubravka: Pomorsko dobro, Inenjerski biro, Zagreb, 2005. BORKOVI, Ivo: Upravno pravo, 7. izmijenjeno i dopunjeno izdanje,NN, Zagreb, 2002 GRABOVAC, Ivo: Plovidbeno pravo Republike Hrvatske, Knjievni krug, Split,2003. HLAA, Vinko: Pomorsko dobro-drutveni aspekti upotrebe i koritenja, Pravni fakultet Sveuilita u Rijeci, Rijeka, 1996. HLAA, Vinko: Pomorsko dobro i koncesije, Pravni fakultet Sveuilita u Rijeci,Rijeka,1995. JOSIPOVI, Tatjana-BREANSKI, Jasna- SESSA, uro- CRNI, Jadranko- ANTOLI, Ljiljana-BIENENFELD, Josip- FRKOVI, Snjeana- JELI, Olga- KONI, Ana-Marija- JUG, Jadranko: Nekretnine u pravnom prometu, Ininjerski biro, Zagreb, 2004. KUNDIH, Branko: Hrvatsko pomorsko dobro u teoriji i praksi,Hrvatski hidrografski institut, Rijeka,2005. VLADUI, Julia: Evidentiranje pomorskog dobra u hrvatskom pravu, (mag.rad), Split, vlast. naklada, 2008. VOJKOVI, Goran: Pomorsko dobro i koncesije, Hrvatski hidrografski institut, Split,2003.

b) Experts articles: BITANGA, Marijan: Pomorsko dobro kroz praksu Opinskog suda u Zadru,referat from collection of papers Barii,B i dr: Pomorsko dobro, Inenjerski biro,Zagreb,2006. BOLANA, Dragan: Stvarna prava na pomorskom dobru, Aktualnosti hrvatskog zakonodavstva i pravne prakse, Godinjak 13, Organizator, Zagreb,2006. BOLANA, Dragan: Novine Zakona o pomorskom dobru i morskim lukama, Zbornik radova Pravnog fakulteta u Splitu,god.40, br.1-2.(69.70),2003. BOLANA, Dragan: Osnovne znaajke Zakona o pomorskom dobru i morskim lukama iz 2003. godine, Poredbeno pomorsko pravo, Zagreb,god.43.,br.158,2004. BOLANA, Dragan: Pomorsko dobro i koncesije, paper from collection of papers: Bolana i dr.: Pomorsko dobro, Inenjerski biro, Zagreb,2005.

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DIKA, Mihajlo: Osvrt na rjeavanje sporova u vzi s koncesijama na pomorskome dobru, from collection of papers Hlaa, Vinko: Pomorsko dobro i koncesije, Pravni fakultet u Rijeci, Rijeka,2005. FANTULIN, Boris: Utvrivanje granica pomorskog dobra u okviru zakonske definicije, from collection of papers Barii i dr.: Pomorsko dobro, Inenjerski biro, Zagreb,2006. FRKOVI, Snjeana: Pomorsko dobro i praksa sudova te uloga drave i dravnog odvjetnitva, from collection of papers Barii i dr.: Pomorsko dobro, Inenjerski biro, Zagreb,2006. JUG, Jadranko: Pravni status opih dobara, from collection of papers JOSIPOVI, Tatjana-BREANSKI, Jasna- SESSA, uro- CRNI, Jadranko- ANTOLI, Ljiljana-BIENENFELD, Josip- FRKOVI, Snjeana- JELI, Olga- KONI, Ana-Marija- JUG, Jadranko: Nekretnine u pravnom prometu, Ininjerski biro, Zagreb, 2004. KAER, Hrvoje: Reafirmacija prava vlasnitva na nekretninama u hrvatskom pravu, Zbornik radova Pravnog fakulteta u Splitu, god.40,br.1-2.(69-70),2003. LAMBAA, Drako: Ponitenje pretvorbe "Luke Rijeka" , Pravo i porezi, br.3.,2001. LULI, Nikolina: Morsko hlaenje Marjana, Sl.Dalmacija, izdanje od 16.7. 2009. NAKI, Jakob: Uiniti vidljivim status pomorskog dobra u zemljinoj knjizi, Aktualnosti hrvatskog zakonodavstva i pravne prakse, Godinjak 13, Organizator, Zagreb,2006. PAVLOVI, ime: Zatita pomorskog dobra u kaznenom i prekrajnom pravu, from collection of papers Barii i dr.: Pomorsko dobro, Inenjerski biro, Zagreb,2006. PERKO, Nina: Sluajevi nezakonitog koritenja koncesije na pomorskom dobru i posljedice takvog postupanja, from collection of papers: Barii, B. I dr.: Pomorsko dobro, Inenjerski biro, Zagreb,2006. ROSO, Ivan: Neki problemi upravljanja, odravanja i zatite pomorskog dobra, Zbornik radova Pravnog fakulteta u Splitu, Split, br.4(64), 2001. SARVAN, Desanka: Pravni status nekretnina u zatienim podrujima, Aktualnosti hrvatskog zakonodavstva i pravne prakse, Godinjak 12,Informator, Zagreb,2006. SERI, Vanja: Koncesijsko odobrenje i naelo trinog natjecanja, Aktualnosti hrvatskog zakonodavstva i pravne prakse, Godinjak 12, Organizator, Zagreb,2005. SERI, Vanja:Koncesijsko odobrenje kao instrument gospodarskog iskoritavanja dobara s posebnim osvrtom na pomorsko dobro, from D., Bolana,D. et alia: Pomorsko dobro, Inenjerski biro, Zagreb, 2005. SERI, Vanja: Pomorsko dobro i jedinice lokalne samouprave, referat from collection of papers Bolana,D i dr.:Pomorsko dobro, Inenjerski biro, Zagreb,2005. SIMONETTI, Petar: Stvarna prava na pomorskom dobru i na zgradama koje su na njemu izgraene, from collection of papers: Hlaa, Vinko:

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Pomorsko dobro.-drutveni aspekti upotrebe i koritenja, Pravni fakultet Sveuilita u Rijeci,Rijeka,1996. STAPI, Sanja: Dalmacijavino duguje 683 milijuna kuna, Slobodna Dalmacija, izdanje od 19.12.2008. godine IMUNOVI. Ivo: Obalni prostor i pomorsko gospodarstvo, Zbornik radova Pomorskog fakulteta u Rijeci, sv.2., Rijeka,1993. VLADUI, Julijana: Odreivanje granica pomorskog dobra, Zbornik radova Pravnog fakulteta u Splitu, 46, No.1., 2009. VUKMANOVI, Dubravka: Pretvorba i privatizacija na pomorskom dobru, paper from collection of papers Bolana i dr.: Pomorsko dobro, Inenjerski biro,Zagreb,2005. IOVI, Bojan: Sportska luica u Pjeanoj uvali nelegalna, Glas Istre,Pula edition from 10TH January 2013. godine, UVELA, Mladen- CRNI, Jadranko: Pretvorba, privatizacija, denacionalizacija-pravni status neobuhvaenih odnosno neprocijenjenih nekretnina-primjena l.47. Zakona o privatizaciji, Pravo i porezi, Zagreb, br.3.,2001.

c) Laws, rulebooks and other legal acts: Declaration on environmental protection (Official Gazette nr.34/92) Penal Law (Official Gazette nr.110/97, 129/00,51/01,105/2004, 84/2005) Maritime Code (Official Gazette nr.181/04,76/07) The Rulebook about registering and marking of maritime domain (Official Gazette nr.29/05) Directive about the procedure of giving concession upon the maritime domain (Official Gazette nr.23/004,101/04) Directive about the procedure of defining the maritime domain borders (Official Gazette nr.8/04,82/05) The Constitution of Republic of Croatia (Official Gazette nr.44/01,55/01) Act of General Administrative Procedure, Official Gazette No.(47/09 Act Of Hydrographical Activities (Official Gazette nr.68/98,110/98) Concession Act (Official gazette nr.125/08) Act of Liability Of Legal Entities For Penal Acts (Official Gazette nr.151/03) Islands Act (Official Gazette nr.34/99,149/99,32/02) Maritime Domain And Seaports Act (Official Gazette nr.158/03 100/04, 141/06 38/09) Act Of Physical Planning And Building (Official Gazette nr.76/07) Act About Ownership And Other Rights In Rem (Official Gazette nr.91/96,68/98,137/99,22/00,73/00, 114/01,79/06, 141/06) Real Estates Registers Act (Official Gazette nr.91/96,68/98137/99,114/01)

c) Decisions: The decision about giving the concession on the part of the beach in Seget Donji for a purpose of conducting tourist activities, (Official Gazette nr.91/06)

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The decision about taking away the concession on the beach Bene in cadastre district Split, (Official Gazette of county Split Dalmatia nr.3/04) The decision about giving the concession on the part of the Donja Podstrana ( Official Gazette of Split-Dalmatia County,nr.1/2007) Decision of giving consent to the transfer of the concession of the maritime domain for the purpose of commercial use to carry out activities, Official Gazette,No(106/2012) Decision of renunciation of concession for using prefabricated pier on the coats of the island Bodulas (Municipality of Medulin), http://www.istra-istria.hr/ fileadmin/ dokumenti/85-10.doc:,taken from1 June 2013. Decision of taking away the concession on the maritime domain for the purpose of commercial use-industrial port Dugi Rat ., Official Gazette, (10/2003) County court Pula decision of 18. November of 2002., nr. G-2463/01-2 Croatian Supreme Court decision of 9th October 1997, Rev 17/97) County Court Split, decision of 3rd January 2007 year ,G-3249/06)

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