Bug River property
   HOME

TheInfoList



OR:

The Bug River property ( pl, Mienie zabużańskie, lit. ''property beyond the Bug Rver'') is a property which was within the territory of interbellum Poland (
Second Polish Republic The Second Polish Republic, at the time officially known as the Republic of Poland, was a country in Central Europe, Central and Eastern Europe that existed between 1918 and 1939. The state was established on 6 November 1918, before the end of ...
) and was forcibly vacated by the evicted Polish landowners ( Bug River Poles) after 1945 when the territory ceased to be inside
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...
. The name refers to the Bug River because the Bug forms a major part of the new eastern boundary of Poland largely based on the
Curzon Line The Curzon Line was a proposed demarcation line between the Second Polish Republic and the Russian Soviet Federative Socialist Republic, Soviet Union, two new states emerging after World War I. It was first proposed by George Curzon, 1st Marque ...
, separating the so-called Eastern Borderlands from the rest of the current Polish territory. The Bug River land is today distributed between the states of
Belarus Belarus,, , ; alternatively and formerly known as Byelorussia (from Russian ). officially the Republic of Belarus,; rus, Республика Беларусь, Respublika Belarus. is a landlocked country in Eastern Europe. It is bordered by R ...
,
Lithuania Lithuania (; lt, Lietuva ), officially the Republic of Lithuania ( lt, Lietuvos Respublika, links=no ), is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea. Lithuania ...
, and
Ukraine Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inv ...
."Bug River claims"
, Ministry of Treasury of the Republic of Poland (retrieved April 19, 2015)
The claims for compensation for this sequestered land are known as the Bug River claims ( pl, sprawy zabużańskie).Sprawy zabużańskie
/ref> Agreements made between the
USSR The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
and the interim Polish government, Government of National Unity mostly concerned the evacuation of the population and did not set out any detailed rules for compensating owners of vacated property. The laws of Communist Poland had a limited number of provisions concerning issues related to ownership of agricultural land and estates. In modern Poland, a legislative provision was made on December 12, 2003, to form the basis of state compensation for Polish citizens against the value of their vacated property abroad, by offsetting the value of that vacated property, against an assessed sale price or rent arising from perpetual use. As of February 29, 2003, 82,000 applications for compensation were submitted, with a total estimated value of over 10,500 million PLN. Due to the unsatisfactory handling of matter it was raised before the
Polish Constitutional Court The Constitutional Tribunal ( pl, Trybunał Konstytucyjny) is the constitutional court of the Republic of Poland, a judicial body established to resolve disputes on the constitutionality of the activities of state institutions; its main task ...
in 2002. In 2004 the matter came before the
European Court for Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a c ...
in the test case: ''Broniowski v. Poland''.) The Court found
:A systemic problem connected with the malfunctioning of domestic legislation and practice caused by the failure to set up an effective mechanism to implement the "right to credit" of Bug River claimants ... with the consequence that not only the applicant in this particular case but also a whole class of individuals had been or were still denied the peaceful enjoyment of their possessions.
The Court noted that the matter was not satisfactorily resolved for some 80,000 claimants. Further decrees on the implementation of the right to compensation include: *Decree of July 8, 2005 - "O realizacji prawa do rekompensaty z tytułu pozostawienia nieruchomości poza obecnymi granicami Rzeczypospolitej Polskiej" (Dz. U. z 2005r. Nr 169 poz. 1418). *Decree of September 8, 2006 - "O zmianie ustawy o realizacji prawa do rekompensaty z tytułu pozostawienia nieruchomości poza obecnymi granicami Rzeczypospolitej Polskiej oraz niektórych innych ustaw" (Dz. U. 2006r.Nr 195 poz. 1437). In February 2014 President Bronisław Komorowski signed a decree to update further the regulations relating to compensation for Bug River landowners. In particular, the decree removed a number of restrictions on the right to compensation."Prezydent podpisał ustawę ws. rekompensat za mienie zabużańskie"
/ref> In so doing, it addressed the issues raised before the Constitutional Court and the ECHR on the subject. Due to the recent aspiration of Ukraine to join the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
, a discussion has arisen in Poland about whether Ukraine would be willing to share the burden of compensation. Reportedly, Lithuania has only reluctantly addressed the claims of Poles for compensation/restitution."Nic co polskie Polakom na Litwie"
("Nothing Polish to be Returned to Poles in Lithuania"), ''
Kurier Wilenski ''Kurier'' is a German-language daily newspaper based in Vienna, Austria. History and profile ''Kurier'' was founded as ''Wiener Kurier'' by the United States Forces in Austria (USFA) in 1945, during the Allied occupation after World War II. ...
''


References


Further reading

*Jan Wittlin, ''Mienie zabużańskie. Realizacja prawa do rekompensaty'', 2019, {{ISBN, 9788381609586
fragment online
Law of Poland Aftermath of World War II in Poland Property law Human rights abuses in Poland Poland–Soviet Union relations