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The Special Representative of the Secretary-General,
Recalling resolution 1244 (1999) of 10 June 1999, whereby
the United Nations Security Council, acting under Chapter VII
of the Charter of the United Nations, authorized the Secretary-General,
with the assistance of relevant international civil organizations,
to establish an international civil presence in Kosovo, known
as the United Nations Interim Administration Mission in Kosovo
(UNMIK), in order to provide an interim administration in Kosovo
with the mandate as described in that resolution;
Acting pursuant to the authority given to him under
the United Nations Security Council resolution 1244 (1999) of
10 June 1999, and for the purpose of establishing and maintaining
the interim administration in the territory of Kosovo;
Hereby promulgates the following:
Section 1
Authority of the interim administration
- All legislative and executive authority with respect to Kosovo,
including the administration of the judiciary, is vested in
UNMIK and is exercised by the Special Representative of the
Secretary-General.
- The Special Representative of the Secretary-General may appoint
any parson to perform functions in the civil administration
in Kosovo, including the judiciary, or remove such person. Such
functions shall be exercised in accordance with the existing
laws, as specified in section 3, and any regulations issued
by UNMIK.
Section 2
Observance of internationally recognized standards
In exercising their functions, all persons undertaking public
duties or holding public office in Kosovo shall observe internationally
recognized human rights standards and shall not discriminate against
any person on any ground such as sex, race, colour, language,
religion, political or other opinion, national, ethnic, or social
origin, association with a national community, property, birth
or other status.
Section 3
Applicable law in Kosovo
The laws applicable in the territory of Kosovo prior to 24 March
1999 shall continue to apply in Kosovo insofar as they do not
conflict with the standards referred to in section 2, the fulfillment
of the mandate given to UNMIK under United Nations Security Council
resolution 1244 (1999), or the present or any other regulation
issued by UNMIK.
Section 4
Regulations issued by UNMIK
In the performance of the duties entrusted to the interim administration
under United Nations Security Council resolution 1244 (1999),
UNMIK will, as necessary, issue legislative acts in the form of
regulations. Such regulations will remain in force until repealed
by UNMIK or superseded by such rules as are subsequently issued
by the institutions established under a political settlement,
as provided for in United Nations Security Council resolution
1244 (1999).
Section 5
Entry into force and promulgation of regulations issued
by UNMIK
- UNMIK regulations shall be approved and signed by the Special
Representative of the Secretary-General. They shall enter
into force upon the date specified therein.
- UNMIK regulations shall be issued in Albanian, Serbian,
and English. In case of divergence, the English text shall
prevail. The regulations shall be published in a manner that
ensures their wide dissemination by public announcement and
publication.
- UNMIK regulations shall bear the symbol UNMIK/REG?, followed
by the year of issuance and the issuance number of that year.
A register of the regulations shall indicate the date of promulgation,
the subject matter and amendments or changes thereto or the
repeal or suspension thereof.
Section 6
State property
UNMIK shall administer movable or immovable property, including
monies, bank accounts, and other property of, or registered in
the mane of the Federal Republic of Yugoslavia or the Republic
of Serbia or any of its organs, which is in the territory of Kosovo.
Section 7
Entry into force
The present regulation shall be deemed to have entered into force
as of 10 June 1999, the date of adoption by the United Nations
Security Council of resolution 1244 (1999).
Dr. Bernard Kouchner
Special Representative of the Secretary-General
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