Fonte: http://www.uni-wuerzburg.de/law/sr00000_.html
Serbia & Montenegro
{ Adopted on: 27 April 1992 }
{ ICL Document Status: 27 April 1992 }
{ Other title: The Constitution of the Federal Republic of Yugoslavia }
Preamble
Mindful of the freedom-loving, democratic and nation-building traditions,
historical
ties and shared interests of the state of Serbia and the state of Montenegro;
Arising from the unbroken continuity of Yugoslavia and voluntary association
between Serbia and Montenegro;
The Federal Chamber of the Assembly of the Socialist Federal Republic of
Yugoslavia, following upon the proposals and consent of the National Assembly
of
the Republic of Serbia and the Assembly of the Republic of Montenegro hereby
adopts and promulgates The Constitution of the Federal Republic of Yugoslavia.
Section I Basic Provisions
Article 1 []
The Federal Republic of Yugoslavia shall be a sovereign federal state,
founded on
the equality of citizens and the equality of its member republics.
Article 2 []
(1) The Federal Republic of Yugoslavia shall be composed of the Republic
of Serbia
and the Republic of Montenegro.
(2) The Federal Republic of Yugoslavia may be joined by other member republics,
in
accordance with the present Constitution.
Article 3 []
(1) The territory of the Federal Republic of Yugoslavia shall be a single
entity
comprising the territories of the member republics.
(2) The frontiers of the Federal Republic of Yugoslavia shall be inviolable.
(3) The boundaries between member republics may be changed only subject
to their
agreement, in accordance with the constitutions of the member republics.
Article 4 []
(1) The Federal Republic of Yugoslavia shall have a flag, a national anthem,
and a
coat-of-arms.
(2) The flag of the Federal Republic of Yugoslavia shall consist of three
horizontal
stripes, blue, white and red in that order, from top to bottom.
(3) The national anthem of the Federal Republic of Yugoslavia shall be
'Hej Sloveni'.
(4) The coat-of-arms of the Federal Republic of Yugoslavia is to be established
by
federal statute.
Article 5 []
The capital city of the Federal Republic of Yugoslavia shall be Belgrade.
Article 6 []
(1) A member republic shall be a state in which power is vested in its
citizens.
(2) A member republic shall be sovereign in matters which under the present
Constitution are not reserved to the jurisdiction of the Federal Republic
of
Yugoslavia.
(3) A member republic shall autonomously organize its government under
its own
constitution.
(4) The right of local self-government shall be guaranteed, in accordance
with the
constitution of each member republic.
Article 7 []
(1) Within its competencies, a member republic may maintain relations with
foreign
states, establish its own missions in other states, and join international
organizations.
(2) Within its competencies, a member republic may conclude international
agreements, but not to the detriment of the Federal Republic of Yugoslavia
or any of
its other member republics.
Article 8 []
(1) In the Federal Republic of Yugoslavia, power shall be vested in the
citizens.
(2) Citizens shall exercise power directly and through freely elected representatives.
Article 9 []
(1) The Federal Republic of Yugoslavia shall be founded on the rule of
law.
(2) Laws must be in conformity with the Constitution.
(3) Executive and judicial powers shall be subject to law.
(4) The rights and freedoms of man and the citizen shall be restricted
only by the
equal rights and freedoms of others and in instances provided for in the
present
Constitution.
Article 10 []
The Federal Republic of Yugoslavia shall recognize and guarantee the rights
an
freedoms of man and the citizen recognized under international law.
Article 11 []
The Federal Republic of Yugoslavia shall recognize and guarantee the rights
of
national minorities to preserve, foster and express their ethnic, cultural,
linguistic
and other peculiarities, as well as to use their national symbols, in accordance
with
international law.
Article 12 []
Authority in the Federal Republic of Yugoslavia shall be organized on the
principle of
the separation of powers between the legislature, executive, and judiciary.
Article 13 []
(1) The Federal Republic of Yugoslavia shall constitute a single economic
area
having a single market.
(2) In the Federal Republic of Yugoslavia, economic activities shall be
pursued
according to the principles of a market economy.
Article 14 []
Political pluralism shall be the prerequisite and guarantee for the democratic
political order in the Federal Republic of Yugoslavia.
Article 15 []
(1) In the Federal Republic of Yugoslavia, the Serbian language in its
ekavian and
ijekavian dialects and the Cyrillic script shall be official, while the
Latin script shall
be in official use as provided for by the Constitution and law.
(2) In regions of the Federal Republic of Yugoslavia inhabited by national
minorities,
the languages and scripts of these minorities shall also be in official
use in the
manner prescribed by law.
Article 16 []
(1) The Federal Republic of Yugoslavia shall fulfill in good faith the
obligations
contained in international treaties to which it is a contracting party.
(2) International treaties which have been ratified and promulgated in
conformity with
the present Constitution and generally accepted rules of international
law shall be a
constituent part of the internal legal order.
Article 17 []
(1) The Federal Republic of Yugoslavia shall confer Yugoslav citizenship
on its
inhabitants.
(2) A Yugoslav citizen shall be simultaneously a citizen of one of its
member
republics.
(3) A Yugoslav citizen may not be deprived of his citizenship, deported
from the
country, or extradited to another state.
(4) A Yugoslav citizen abroad shall enjoy the protection of the Federal
Republic of
Yugoslavia.
(5) Yugoslav citizenship shall be regulated by federal law.
Article 18 []
(1) Church and state shall be separate.
(2) Churches shall be free and equal in conducting religious affairs and
in the
performance of religious rites.
Section II Freedoms, Rights, and Duties of Mand and the Citizen
Article 19 []
The freedoms, rights and duties of man and the citizen which ensure the
equality of
people and citizens in the Republic of Yugoslavia shall be laid down by
the present
Constitution.
Article 20 []
(1) Citizens shall be equal irrespective of their nationality, race, sex,
language, faith,
political or other beliefs, education, social origin, property, or other
personal status.
(2) Everyone shall be equal before the law.
(3) Each person shall be duty bound to respect the rights and freedoms
of others
and shall be held responsible for it.
Article 21 []
(1) Human life shall be inviolable.
(2) Criminal offenses prescribed by federal legislation may not carry the
death
penalty.
Article 22 []
(1) The inviolability of the physical and psychological integrity of the
individual, his
privacy and personal rights shall be guaranteed.
(2) The personal dignity and security of individuals shall be guaranteed.
Article 23 []
(1) Every individual shall have the right of personal freedom.
(2) No one may be deprived of his liberty except in cases and according
to the
procedure laid down by federal law.
(3) Every person taken into custody must be informed immediately in his
mother
tongue or in a language which he understands of the reasons for his arrest,
and he
shall be entitled to demand that the authorities inform his next of kin
of his
detention.
(4) The detained person must promptly be informed of his right to remain
silent.
(5) The detained person shall be entitled to choose his own defense counsel.
(6) Illegal arrests shall be a punishable offense.
Article 24 []
(1) A person suspected of having committed a criminal offense may be taken
into
custody and detained by order of a competent court only when it is necessary
for
the conduct of criminal proceedings.
(2) The detained person must be given an explanation for his arrest of
arrest. The
suspect shall have the right of appeal, which must be decided on by the
court within
48 hours.
(3) The length of detention must be of the shortest possible duration.
(4) The detention ordered by a first instance court may not exceed three
months
from the day of arrest. This time limit may be extended for a further three
months by
order of a higher court. If by the end of this period charges have not
been brought,
the suspect shall be released.
Article 25 []
(1) Respect for the human personality and dignity in criminal and all other
proceeding in the event of detention or restriction of freedom, as well
as during the
serving of a prison sentence, shall be guaranteed.
(2) The use of force against a suspect who has been detained or whose freedom
has been restricted, as well as any forcible extraction of confessions
or statements,
shall be prohibited and punishable.
(3) No one may be subjected to torture, or to degrading treatment or punishment.
(4) Medical and other scientific experimentation may not be carried out
on an
individual without his consent.
Article 26 []
(1) Every person shall be entitled to equal protection of his rights in
a legally
prescribed procedure.
(2) Everyone shall be guaranteed the right of appeal or resort to other
legal remedies
against a decision which infringes a right or legally founded interest.
Article 27 []
(1) No one may be punished for an act which did not constitute a penal
offense
under law or by-law at the time it was committed, nor may punishment be
inflicted
which was not envisaged for the offense in question.
(2) Criminal offenses and criminal sanctions shall be determined by statute.
(3) Everyone charged with a criminal offense shall have the right to be
presumed
innocent until proved guilty under a valid decision of the court.
(4) A wrongfully convicted or wrongfully detained person shall be entitled
to
rehabilitation and to compensation for damages from the state, and to other
rights
as envisaged by federal law.
Article 28 []
No one may be tried or punished a second time for an offense for which
the
proceedings against him had been legally suspended or the charges rejected
or for
which he had been convicted or acquitted by a court decision.
Article 29 []
(1) Every person shall be guaranteed the right to defend himself and the
right to
engage a defense counsel before the court of other body authorized to conduct
proceedings.
(2) No one being tried before a court or other body authorized to conduct
proceedings may be punished without being granted a hearing and allowed
to
defend himself, in accordance with federal statute.
(3) Every person shall be entitled to have a defense counsel of his choice
present at
his hearing.
(4) The cases when a suspect must be given legal assistance shall be spelled
out
by federal law.
Article 30 []
(1) Citizen shall be guaranteed freedom of movement and residence and the
right to
leave and return to the Federal Republic of Yugoslavia.
(2) The freedom of movement and residence and the right to leave the Federal
Republic of Yugoslavia may be restricted by federal statute, if so required
for
criminal proceedings, to prevent the spread of contagious diseases, or
for the
defense of the Federal Republic of Yugoslavia.
Article 31 []
(1) The home shall be inviolable.
(2) Federal statute may prescribe that a person acting in an official capacity.
and
possessed of a court warrant, may enter a dwelling or other premises against
the
will of their tenants and carry out a search.
(3) The search must be held in the presence of two witnesses.
(4) In the manner laid down by federal law, an authorized official may
enter a
dwelling or other premises without a court warrant and carry out a search
without
the presence of witnesses if so required to apprehend the perpetrator of
a criminal
offense or to save human lives and property.
Article 32 []
(1) Privacy of the mail and of other means of communication shall be inviolable.
(2) Federal statute may prescribe that, under a court decision, the principle
of
inviolability of privacy of the mail and other means of communication may
be put in
abeyance if so required for the purposes of criminal proceedings, or for
the defense
of the Federal Republic of Yugoslavia.
Article 33 []
(1) Protection of the secrecy of personal data shall be guaranteed.
(2) The use of personal data for purposes other than those for which they
were
compiled shall be prohibited.
(3) Everyone shall have the right of access to personal data concerning
himself as
well as the right of court protection in the event of their abuse.
(4) The collection, processing, utilization and protection of personal
data shall be
regulated by federal statute.
Article 34 []
A Yugoslav citizen who has reached the age of 18 shall be entitled to vote
and to be
elected to public office.
Article 35 []
Freedom of confession, conscience, thought and public expression of opinion
shall
be guaranteed.
Article 36 []
(1) Freedom of the press and other forms of public information shall be
guaranteed.
(2) Citizens shall have the right to express and publish their opinions
in the mass
media.
(3) The publication of newspapers and public dissemination of information
by other
media shall be accessible to all, without prior approval, after registration
with the
competent authorities.
(4) Radio and television stations shall be set up in accordance with the
law.
Article 37 []
(1) The right to have published false information which violates someone's
rights or
interests corrected shall be guaranteed. Entitlement to compensation for
damages
arising therefrom, shall be guaranteed.
(2) The right of reply in the public media shall be guaranteed.
Article 38 []
(1) Censorship of the press and of other forms of public information shall
be
prohibited.
(2) No one may prevent the distribution of the press or dissemination of
other
publications, unless it has been determined by a court decision that they
call for the
violent overthrow of the constitutional order or violation of the territorial
integrity of the
Federal Republic of Yugoslavia, violate the guaranteed rights and liberties
of man
and the citizen, or foment national, racial or religious intolerance and
hatred.
Article 39 []
Freedom of speech and public appearance shall be guaranteed.
Article 40 []
(1) Citizens shall be guaranteed the freedom of assembly and other peaceful
gathering, without the requirement of a permit, subject to prior notification
of the
authorities.
(2) Freedom of assembly and other peaceful gathering of citizen may be
provisionally restricted by a decision of the competent authorities, in
order to obviate
a threat to public health or morals or for the protection of the safety
of human lives
and property.
Article 41 []
(1) The freedom of political, trade-union and other association and activities
shall be
guaranteed, without the requirement of a permit, subject to registration
with the
competent authorities.
(2) Sources of revenue of political parties shall be open to public scrutiny.
(3) Trade unions shall be set up to protect the rights and promote the
professional
and economic interests of their members.
Article 42 []
(1) Activities of political, trade-union, and other organizations aimed
at the violent
overthrow of the constitutional order, violation of the territorial integrity
of the Federal
Republic of Yugoslavia, violation of the guaranteed rights and liberties
of man and
the citizen, or the incitement of national, racial, religious or other
intolerance and
hatred shall be prohibited.
(2) The founding of secret societies and paramilitary groups shall be prohibited.
(3) Professional members of the armed forces and police force of the Federal
Republic of Yugoslavia may not organize in trade unions.
(4) Justices of the Federal Constitutional Court and the Federal Court,
the Federal
Public Prosecutor, professional members of the armed forces and police
force of the
Federal Republic of Yugoslavia may not belong to political parties.
Article 43 []
(1) Freedom of religion, public or private profession of religion, and
performance of
religious rites shall be guaranteed.
(2) No one shall be obliged to reveal his religious beliefs.
Article 44 []
(1) Citizens shall have the right publicly to criticize the work of government
and other
agencies and organizations and officials, to submit representations, petitions
and
proposals and to receive an answer if so requested.
(2) Citizens may not be called to account or bear any other consequences
for
opinions expressed in the course of public criticism or in a submitted
representation, petition or proposal, unless they have thereby committed
a criminal
offense.
Article 45 []
(1) Freedom of the expression of national sentiments and culture and the
use of
one's mother tongue and script shall be guaranteed.
(2) No one shall be obliged to declare his nationality.
Article 46 []
(1) Members of national minorities shall have the right to education in
their own
language, in conformity with the law.
(2) Members of national minorities shall have the right to information
media in their
own language.
Article 47 []
Member of national minorities shall have the right to establish educational
and
cultural organizations or associations, in conformity with the law, which
are financed
on the principle of voluntary contributions, and may also receive assistance
from the
state.
Article 48 []
Members of national minorities shall be guaranteed the right to establish
and foster
unhindered relations with co-nationals within the Republic of Yugoslavia
and outside
its borders with co-nationals in other states, and to take part in international
non-governmental organizations, provided these relations are not detrimental
to the
Federal Republic of Yugoslavia or to a member republic.
Article 49 []
Everyone shall be guaranteed the right to use his own language in proceedings
before a tribunal or other authority or organization which in the performance
of their
public powers decide on his rights and duties and in the course of these
proceedings to be informed of the facts in hi own language.
Article 50 []
Any incitement or encouragement of national, racial, religious or other
inequality as
well as the incitement and fomenting of national, racial, religious or
other hatred and
intolerance shall be unconstitutional and punishable.
Article 51 []
The right to own property and the right of inheritance shall be guaranteed,
in
conformity with the Constitution and law.
Article 52 []
(1) Man shall be entitled to a healthy environment and timely information
about its
condition.
(2) It is everyone's duty to protect the human environment and make use
of it in a
rational manner.
(3) The state shall be charged with maintaining a healthy human environment
and to
this end shall prescribe the conditions and manner of the performance of
economic
and other activities.
Article 53 []
(1) Freedom of creativity and publication of scholarly and artistic works,
scientific
discoveries and technical inventions shall be guaranteed, and their authors
shall be
guaranteed the intellectual property and material rights arising therefrom.
(2) The manner of exercising and protecting intellectual property rights
and the
rights of the organizations under whose sponsorship these works were produced
shall be regulated by federal statute.
Article 54 []
(1) Free choice of occupation and employment shall be guaranteed.
(2) Employed persons may have their labor contracts terminated against
their will,
under conditions and in the manner stipulated by law and collective agreements.
(3) Forced labor shall be prohibited.
Article 55 []
(1) Employed persons shall be entitled to commensurate remuneration.
(2) The right to unemployment insurance benefits during temporary unemployment
shall be guaranteed, in conformity with federal law.
Article 56 []
(1) Employed persons shall be entitled to limited working hours, to a daily
and
weekly rest period, and to paid holidays and leave of absence, in conformity
with the
law and/or collective agreement.
(2) Employees shall have the right to job safety protection, in accordance
with the
law.
(3) Young persons, women, and disabled persons shall have special protection
on
the job, in accordance with the law.
Article 57 []
(1) Employed persons shall have the right to strike in order to protect
their
professional and economic interests, in conformity with federal law.
(2) The right of industrial action may be restricted by federal statute
if so required by
the nature of the activity concerned or the public interest.
(3) Civil servants and professional members of the armed forces and police
force
shall not have the right to strike.
Article 58 []
(1) Under a compulsory insurance scheme, employed persons and their family
members shall benefit from all types of social security in conformity with
the law.
(2) The state shall provide social welfare for citizens unable to work
and without a
livelihood, as well as for citizens without the means of subsistence, in
conformity
with the law.
Article 59 []
Disabled persons shall be guaranteed special protection, in conformity
with the law.
Article 60 []
(1) Everyone shall be entitled to health care, in accordance with the law.
(2) Children, expectant mothers and the elderly shall be entitled to publicly
financed
health care, if they are not covered by another insurance program, while
other
persons shall receive such care under the conditions stipulated by law.
Article 61 []
(1) The family, mothers and children shall enjoy special protection.
(2) Children born out of wedlock shall have the same rights and duties
as children
born in wedlock.
Article 62 []
(1) Education shall be accessible to all, under equal conditions.
(2) Primary education shall be free and compulsory, in conformity with
the law.
Article 63 []
Defense of the Federal Republic of Yugoslavia shall be the right and duty
of every
citizen.
Article 64 []
Everyone shall be obliged to pay taxes and other levies as established
by law.
Article 65 []
(1) Everyone shall be obliged to observe the Constitution and law and other
regulations and general enactments.
(2) Everyone shall be obliged to perform public office in an honorable
and
responsible manner.
Article 66 []
(1) Aliens in the Federal Republic of Yugoslavia shall enjoy the freedoms
and the
rights and duties laid down in the Constitution, federal law, and international
treaties.
(2) An alien may be extradited to another state only in cases provided
for under
international treaties which are binding on the Federal Republic of Yugoslavia.
(3) The right of asylum shall be guaranteed to foreign citizens and stateless
persons
who are being persecuted for their advocacy of democratic views of for
participation
in movements for social or national liberation, for the freedom and rights
of the
human personality, or for scientific or artistic freedom.
Article 67 []
(1) The rights and freedoms of man and the citizen shall be exercised and
duties
fulfilled in conformity with the Constitution.
(2) The manner in which various rights and freedoms of man and the citizen
are to
be exercised may be prescribed by law when so provided for by the Constitution
or
when necessary for their implementation.
(3) Abuse of the rights and freedoms of man and the citizen shall be
unconstitutional and punishable.
(4) The rights and freedoms recognized and guaranteed by the present Constitution
shall enjoy the protection of the courts.
Article 68 []
Citizens and artificial persons shall be provided with legal assistance
by attorneys
at law as an autonomous and independent activity, in conformity with the
law.
Section III Economic Order
Article 69 []
(1) The freedom to work and engage in economic activities shall be guaranteed.
(2) Property shall be inviolable.
(3) No one may be deprived of his property, nor may it be restricted, except
when so
required by the public interest, as determined by law, subject to fair
compensation
which may not be below its market value.
Article 70 []
(1) An alien may acquire property rights and the right to engage in business
on
terms of reciprocity, in accordance with federal statute.
(2) An alien or stateless person may not acquire ownership of immovable
property of
cultural significance.
(3) A stateless person may not acquire property rights to land, and an
alien may
acquire property rights to land on terms of reciprocity, in conformity
with the law.
Article 71 []
An enterprise and other artificial person may engage in activities and
invest capital
abroad under the conditions laid down by federal statute.
Article 72 []
Ownership of real estate shall be enjoyed depending on the nature and purpose
of
the real estate in question, in accordance with federal statute.
Article 73 []
(1) Natural resources shall be owned by the state.
(2) Agricultural land may be privately owned or subject to other types
of property
rights.
(3) Forests and timberland may be privately owned or subject to other types
of
property rights, within the limits prescribed by law.
(4) Some property in the public domain and municipal building sites may
be in
private and other forms of ownership, in accordance with the law.
(5) Real estate and other property utilized by federal organs and organizations,
the
organs and organizations of member republics and local authorities and
organizations performing public services shall be state owned, and the
status and
rights of these organs and organizations as regards the disposition of
these assets
and their utilization shall be regulated by statute.
Article 74 []
(1) Enterprises and other manufacturing and service organizations shall
be founded,
organized and merged freely and autonomously, in conformity with federal
statute.
(2) Economic agents shall be independent and equal, and the terms of business
shall be the same for all.
(3) Any act or activity creating or encouraging a monopoly or restricting,
free trade in
any other way shall be unconstitutional.
Article 75 []
In time of war, an imminent threat of war, or any other emergency, the
law may
introduce restrictions on the disposition of a portion of the assets owned
by artificial
and natural persons, for the duration of the state of emergency, or it
may impose a
special regime for their utilization.
Article 76 []
(1) Funds for the financing of the activities falling within the jurisdiction
of the Federal
Republic of Yugoslavia shall be apportioned from the federal budget.
(2) Revenues for the federal budget shall be raised from customs duties,
a portion of
sales tax revenues, and other sources, in accordance with federal statute.
Section IV Jurisdiction of the Federal Republic of Yugoslavia
Article 77 []
Through its organs, the Federal Republic of Yugoslavia shall formulate
policy, enact
and enforce federal legislation, other laws and general enactments, and
ensure
judicial protection in matters concerning:
1) the freedoms, rights and duties of man and the citizen, enshrined in
the present
Constitution; due process of law before courts and other state authorities;
responsibility and sanctions for violation of the freedoms, rights and
duties of man
and the citizen as laid down by the present Constitution, and for violation
of federal
statutes, other laws and general enactments; amnesty and pardom for federal
statutory criminal offenses;
2) the single market; the legal status of enterprises and other economic
agents; the
monetary, banking, foreign exchange, foreign trade and customs regimes;
the
system of credit relationships with foreign countries, the basic principles
of the
fiscal system;
3) the development of the Federal Republic of Yugoslavia, scientific and
technological advances, regional development and efforts to close the developmental
gap between different regions;
4) technical and technological systems and communications; the principles
of
environmental protection; the regime of the atmosphere and watercourses
of
national interest and international waters; the regime of territorial waters,
with
reference to the international relations of the Federal Republic of Yugoslavia;
navigation on waters under an international or intergovernmental regime
of
navigation;
5) safety in all types of transportation, contractual relations and the
principles of the
system of property relations, the principles of social security and labor
relations;
6) international relations; border crossing and control of the circulation
of goods,
services and passengers across the border; the status of aliens and foreign
artificial
persons;
7) the defense and security of the Federal Republic of Yugoslavia;
8) protection of human life and health against contagious diseases which
threaten
the country as a whole; manufacture and sale of medicaments; protection
of
animals against contagious diseases and protection of plants against diseases
and
pests which threaten the country as a whole; sales of plant and animal
protection
chemicals, and control of animals and plants crossing state frontiers;
genetic
material in agriculture and forestry; protection against ionizing radiation;
production,
sales and transport of weapons and of toxic, inflammable, explosive, radioactive
and
other dangerous substances;
9) the financing of the competencies of the Federal Republic of Yugoslavia
as laid
down by the present Constitution;
10) the organization and work of the organs of the Federal Republic of
Yugoslavia;
11) national holidays and decorations bestowed by the Federal Republic
of
Yugoslavia;
12) other spheres as laid down by the present Constitution.
Section V Ogans of the Federal Republic of Yugoslavia
Title 1 Federal Assembly
Article 78 []
The Federal Assembly shall:
1) decide on the Constitution of the Federal Republic of Yugoslavia;
2) decide on admission of other states as member republics into the Federal
Republic of Yugoslavia; decide on association with other states and on
membership
in international organizations;
3) decide on alterations to the frontiers of the Federal Republic of Yugoslavia;
decide
on war and peace; declare a state of war, a state of imminent threat of
war, and
state of emergency;
4) adopt federal statutes, other laws and general enactment's; approve
the federal
budget and final balance sheet; ratify international treaties falling within
the
jurisdiction of the Federal Republic of Yugoslavia;
5) oversee the work of the federal government and other federal organs
and the
officials answerable to the Federal Assembly, in conformity with the present
Constitution and federal law;
6) grant amnesty for federal statutory criminal offense;
7) appoint and dismiss: the President of the Republic; the federal prime
minister;
justices of the Federal Constitutional Court: justices of the Federal Court;
the
governor of the National Bank of Yugoslavia, and other federal officials
stipulated by
federal statute,
8) perform other duties as established by the present Constitution.
Article 79 []
The Federal Assembly may regulate other matters by federal law which do
not fall
within the jurisdiction of the Federal Republic of Yugoslavia, at the joint
proposal of
the member republics.
Article 80 []
(1) The Federal Assembly shall be composed of the Chamber of Citizens and
the
Chamber of Republics.
(2) The Chamber of Citizens shall be made up of federal deputies elected
in the
member republics in direct elections by secret ballot, one federal deputy
being
elected for every 65,000 voters, each member republic to have no fewer
than 30
federal deputies.
(3) The Chamber or Republics shall be made up of 20 federal deputies form
each
member republic.
Article 81 []
(1) Federal deputies shall be elected for four-year terms.
(2) The election and termination of the mandates of federal deputies in
the Chamber
of Citizens of the Federal Assembly shall be regulated by federal law,
while the
election and termination of the mandates of federal deputies in the Chamber
of
Republics of the Federal Assembly shall be regulated by the laws of each
member
republic.
Article 82 []
(1) The mandates of deputies in the Federal Assembly shall be terminated
if within
three months of the beginning of the procedure a federal government is
not elected
or if within this time limit the federal budget is not approved, as well
as in other
cases specified in the present Constitution.
(2) The termination of the mandate of the Federal Assembly shall come into
effect
following the decree of the President of the Republic.
Article 83 []
(1) The Federal Assembly shall be dissolved at the request of the federal
government.
(2) The federal government may not dissolve the Federal Assembly if the
procedure
for a vote of confidence in the federal government has been initiated.
(3) Dissolution of the Federal Assembly shall come into effect following
the decree
of the President of the Republic.
Article 84 []
(1) In the event of the termination of its mandate or dissolution, elections
for the
Federal Assembly shall be held within 60 days of the day of termination
of the
mandate of the Federal Assembly or its dissolution.
(2) The mandate of the federal government shall also be terminated with
the
termination of the mandate or dissolution of the Federal Assembly.
Article 85 []
(1) The Federal Assembly may not be dissolved in the first or last six
months office
term, during a state of war, imminent threat of war, or state of emergency.
(2) In the event of a state of war, imminent threat of war, or state emergency,
the
Federal Assembly may decide to prolong the terms of the federal deputies,
so long
as such a state of emergency lasts, or until conditions are created for
the election
of federal deputies.
(3) Election of new federal deputies shall be undertaken as soon as the
situation
because of which the term of federal deputies was prolonged is over.
Article 86 []
(1) Federal deputies to the Chamber of Citizens of the Federal Assembly
shall
represent the citizens of the Federal Republic of Yugoslavia, while federal
deputies
to the Camber of Republics of the Federal Assembly shall represent the
member
republic form which they were elected.
(2) A federal deputy to the Chamber of Citizens shall take positions and
vote
according to his conscience.
(3) A federal deputy to the Chamber of Citizens may not be recalled.
Article 87 []
(1) A federal deputy shall enjoy immunity.
(2) A federal deputy may not be convicted, incarcerated or punished for
expressing
an opinion or for his voting in the Federal Assembly.
(3) A federal deputy may not be detained without the consent of the Federal
Assembly chamber of which he is a member, unless caught in the act of
committing a criminal offense carrying a prison sentence of more than five
years.
(4) Criminal or other proceedings for an offense carrying a sentence of
imprisonment
may not be brought against a federal deputy who claims immunity, without
the
consent of the Federal Assembly chamber of which he is a member.
(5) The Federal Assembly chamber whose federal deputy has not claimed immunity
may decide, when it deems necessary, that he should avail himself of this
immunity.
Article 88 []
(1) The Chamber of Citizens and Chamber of Republics of the Federal Assembly
shall elect their president and vice-president form the ranks of the deputies.
(2) The president of a chamber shall represent the camber, direct the work
of the
chamber and perform other duties as laid down by federal statute and the
chambers
rules of procedure.
(3) Both chambers shall adopt rules of procedure regulating their work
and
organization.
Article 89 []
(1) The Federal Assembly shall sit in regular and extraordinary sessions
of the
chambers.
(2) Regular sessions shall be held without convocation twice a year, in
accordance
with the chambers rules of procedure.
(3) The first regular session shall begin on the first weekday in February,
and the
second on the first weekday in September.
(4) Extraordinary sessions shall be held at the request of not less than
one third of
the number of federal deputies of a chamber or at the request of the federal
government, with a previously fixed agenda.
Article 90 []
(1) Both chambers shall decide concurrently on questions within the jurisdiction
of
the Federal Assembly, by a majority of voters of the federal deputies in
each of the
two chambers, unless other provision in made by the present Constitution.
(2) Federal statutes regulating: the flag, coat-of-arms or national anthem;
election of
federal deputies for the Chamber of Citizens; election of the President
of the
Republic; the Federal Court; the Federal Public Prosecutor; organization
of the
Federal Constitutional Court, the proceedings before this court and the
legal effect of
its decisions shall be adopted in the Federal Assembly by a two-third majority
of
votes of all the federal deputies in each of the two cambers.
(3) At the request of the assembly of a member republic, the Federal Assembly
shall vote on questions enumerated in Article 77, items 2, 3, and 4, of
the present
Constitution by a two-
thirds majority of votes of all the federal deputies in the Chamber of
Republics and
by a majority vote of all the federal deputies in the Chamber of Citizens.
Article 91 []
(1) When a bill for a federal statute, other law or general enactment has
not been
passed in both chambers in its identical text, the chambers shall set up
a
commission of five federal deputies from each chamber to harmonize the
text.
(2) Both chambers shall vote on the commissions draft, in conformity with
the
present Constitution.
Article 92 []
(1) If the commission fails to harmonize the text of the bill within one
month, or if the
chambers do not accept the harmonized text of the bill, the text approved
in the
Chamber of Citizens shall be temporarily adopted, and if it is a federal
law regulating
the areas enumerated in items 2, 3, and 4 of Article 77 of the present
Constitution,
the text adopted in the Chamber or Republics shall be provisionally enforced.
(2) The provisionally enforced federal statute shall remain in force until
its final
adoption in both chambers, but no longer than one year from the beginning
of its
application.
Article 93 []
If during its temporary enforcement the federal statute is not adopted
in both
chambers, in accordance with the present Constitution, the mandate of the
Federal
Assembly shall be terminated.
Article 94 []
If the federal budget is not approved by the beginning of the fiscal year,
the functions
of the Federal Republic of Yugoslavia shall be provisionally financed under
the
federal budget of the pervious year, until such time as the new federal
budget is
approved.
Article 95 []
(1) A bill for a federal statute, other law or general enactment may be
introduced by
the federal government, a federal deputy in each Federal Assembly chamber,
or not
less than 30,000 voters.
(2) The National Bank of Yugoslavia also has the right to introduce a bill
for a federal
statute, other law or general enactment concerning the monetary, foreign
exchange
and credit systems.
Title 2 President of the Republic
Article 96 []
The President of the Republic shall:
1) represent the Federal Republic of Yugoslavia at home and abroad;
2) promulgate federal laws by decree; issue instruments of rectification
of
international treaties;
3) nominate a candidate for prime minister of the federal government, after
having
heard the opinions of spokesmen for the parliamentary groups in the Federal
Assembly;
4) recommend to the Federal Assembly candidates for appointment as justices
of
the Federal Constitutional Court, justices of the National Bank of Yugoslavia,
after
having obtained the opinion of the presidents of the member republics;
5) call elections for the Federal Assembly;
6) appoint and recall b decree ambassadors of the Federal Republic of Yugoslavia,
pursuant to the recommendations of the federal government; receive the
letters of
credence of foreign diplomatic envoys;
7) confer decorations and hones of the Federal Republic of Yugoslavia,
as provided
for by federal statute;
8) grant pardons for federal statutory criminal offenses;
9) perform other functions as envisaged by the present Constitution.
Article 97 []
(1) The President of the Republic shall be elected by the Federal Assembly
for a
four-year term of office, by secret ballot.
(2) The same individual may not be reelected President of the Republic
for a second
term.
(3) As a rule, the President of the Republic and the federal prime minister
may not
be form the same member republic.
(4) The President of the Republic may not hold other public office or engage
in
professional activities.
(5) The President of the Republic shall enjoy the same immunity as a federal
deputy.
(6) The Federal Assembly shall determine the immunity of the President
of the
Republic.
(7) The President of the Republic may only be dismissed it the Federal
Assembly
ascertains that he has violated the Constitution.
Article 98 []
(1) The President of the Republic may resign from his office.
(2) The mandate of the President of the Republic shall be terminated on
the day he
submits his resignation or is dismissed.
(3) It the event of termination of the mandate of the President of the
Republic, until
the election of a new President of the Republic, or in the event of temporary
inability
of the President of the Republic to carry out his duties, these duties
shall be
performed by the president of the Chamber of Republics of the Federal Assembly.
(4) The procedure for the election and dismissal of the President of the
Republic
shall be determined by federal law.
Title 3 Federal Government
Article 99 []
The federal government shall:
1) formulate and conduct domestic and foreign policy and enforce federal
statutes,
other laws and general enactment's;
2) foster relations between the Federal Republic of Yugoslavia and other
states and
international organizations;
3) introduce bills for federal statutes, other laws and general enactment's;
4) adopt decrees, resolutions, and other legislation for the enforcement
of federal
statutes and other laws and general enactment's of the Federal Assembly;
5) gives its opinion on bills for federal statutes, other laws and general
enactment's
introduced by another authorized sponsor in the Federal Assembly;
6) create and abolish federal ministries and other federal agencies and
organizations
and determine their organization and competencies;
7) direct and coordinate the work of federal ministries and other federal
agencies
and organizations and annual or abrogate their enactment's;
8) elect and dismiss officials in the federal ministries and other federal
agencies and
organizations;
9) call for a general mobilization and organize defense preparations;
10) proclaim an imminent threat of war, state of war, or emergency when
the
Federal Assembly is not able to convene, subject to the opinion of the
President of
the Republic and presidents of the Federal Assembly chambers;
11) adopt measures regulating matters within the jurisdiction of the Federal
Assembly when the Assembly is not able to meet, during a state of war,
imminent
threat of war, or state of emergency, after having sought the opinion of
the
presidents of the Federal Assembly cambers. Enactments adopted during a
state of
war may throughout the duration of the state of war restrict various rights
and
freedoms of man and the citizen, except those listed in Articles 20, 22,
25, 26, 27,
28, 29, 35 and 43 of the present Constitution. The federal government shall
be
obliged to seek the approval of the Federal Assembly for these measures
as soon
as it is able to convene;
12) regulate its own organization, methods of work and decision-making;
13) perform other duties as laid down by the present Constitution.
Article 100 []
(1) The federal government shall be made up of a prime minister, deputy
prime
minister, and federal ministers.
(2) The federal government shall be formed for a four-year term.
(3) A member of the federal government may not hold any other public office
or
engage in any professional activities.
(4) A member of the federal government shall enjoy the same immunity as
a federal
deputy.
(5) The federal government shall determine the immunity of members of the
federal
government.
Article 101 []
(1) The federal government shall be formed after the election of the Federal
Assembly.
(2) The nominee for prime minister of the federal government shall appear
before the
Federal Assembly to present his program and announce the composition of
the
federal government.
(3) The federal government shall be considered formed when the Federal
Assembly
elects the prime minister of the federal government by majority vote of
all the federal
deputies in each of the two cambers, by secret ballot.
Article 102 []
(1) The federal Prime Minister shall direct the work of the federal government.
(2) The federal Prime Minister schallinform the Federal Assembly about
changes in
the composition of his government.
Article 103 []
(1) The federal prime Minister shall be responsible to the Federal Assembly
for his
work and for the work of the federal government.
(2) The federal government shall be responsible for the work of its organs
and federal
ministers.
(3) The federal Prime Minister may put his government to a vote of confidence
in the
Federal Assembly.
(4) Failure to win the vote of confidence shall terminate the mandate of
the federal
government.
Article 104 []
(1) The Federal Assembly may vote no confidence in the federal government.
(2) The initiative for a vote of confidence may be submitted by no fewer
than 20
federal deputies of one camber of the Federal Assembly.
(3) A vote of confidence may be held no sooner than three days after the
proposal
for such a vote was submitted.
(4) A majority of votes of the total number of federal deputies in each
of the two
chambers shall be required for a vote of no confidence in the federal government.
(5) A vote of no confidence shall terminate the mandate of the federal
government.
Article 105 []
(1) The federal Prime Minister may submit his resignation to the Federal
Assembly.
(2) Resignation of the federal Prime Minister shall automatically terminate
the
mandate of the entire federal government.
Article 106 []
A federal government whose mandate has been terminated shall continue
performing its duties until the formation of a new federal government.
Article 107 []
(1) The federal ministries shall enforce federal statutes, other laws and
general
enactments passed by the Federal Assembly and federal government; shall
adjudicate in administrative matters, carry out administrative supervision,
and
perform other administrative affairs as prescribed by federal law.
(2) The federal minister at the head of a federal ministry shall be responsible
for the
work of his ministry.
Title 4 Federal Court
Article 108 []
The Federal Court shall:
1) act as a court of the highest instance, as stipulated under federal
law; decide on
appeals against rulings by courts of the member republics in cases concerning
enforcement of federal statutes;
2) decide on property suits between member republic, as well as between
the
Republic of Yugoslavia and member republics;
3) determine the legality of administrative regulations adopted by federal
authorities;
4) decide on conflicts of jurisdiction between courts of two member republics
as well
as between military tribunals and other courts;
5) lay down the principles governing the uniform enforcement of federal
statutes,
other federal laws and general enactments by the courts;
6) perform other duties for which it has been empowered by the present
Constitution
and federal law.
Article 109 []
(1) The justices of the Federal Court shall be appointed and dismissed
by the
Federal Assembly.
(2) Justices of Federal Court shall be appointed for nine year terms.
(3) The justices of the Federal Court shall select one of their members
to act as
president of the Federal Court.
(4) A justice of the Federal Court shall enjoy the same immunity as a federal
deputy.
(5) The Federal Court shall determine the immunity of one of its justices.
(6) A justice of the Federal Court may not hold any other public office
or engage in
any other professional activity.
(7) A federal statute shall be adopted regulating the Federal Court.
Article 110 []
(1) The judicial powers of a justice of the Federal Court may cease before
the end of
his term of office; if he requests to be relieved of his duties, if he
meets the
requirements for retirement as established by federal law, or if he receives
a prison
sentence.
(2) A justice of the Federal Court may be dismissed before the expire of
his
mandate: if he is convicted of a penal offense which renders him unfit
to carry out
judicial functions; if he has performed his judicial duties in an incompetent
or
unconscientious manner, or if he becomes permanently incapacitated for
the
performance of his judicial duties.
(3) In conformity with federal law, the Federal Court shall determine the
existence of
cause for terminating the mandate of a justice of the Federal Court, or
for dismissing
a justice, and shall inform the Federal Assembly accordingly.
Title 5 Federal Public Prosecutor
Article 111 []
(1) The Federal Public Prosecutor shall apply legal remedies for which
he is
empowered by federal statute in maters within the jurisdiction of the Federal
Court
and shall perform other duties as provided for by federal law.
(2) The Federal Public Prosecutor shall give mandatory instructions to
public
prosecutors in the member republics and may take over cases of criminal
prosecution in matters in which the criminal offenses and other penal offenses
are
established by federal statute.
Article 112 []
(1) The Federal Public prosecutor shall be appointed and dismissed by the
Federal
Assembly and shall serve a four-year term of office.
(2) The Federal Public Prosecutor shall enjoy the same immunity as a federal
deputy.
(3) The Federal Assembly shall determine the immunity of the Federal Public
Prosecutor.
(4) The Federal Public Prosecutor may not hold any other public office
or engage in
other professional activities.
Article 113 []
(1) The functions of the Federal Public Prosecutor shall cease before the
expire of
his mandate: if he requests to be relieved of his duties, if he meets the
requirements
for retirement as established by federal law, or if he receives a prison
sentence.
(2) The Federal Public Prosecutor may be dismissed before the expire of
his
mandate; if he has been convicted of a penal offense which renders him
unfit to
perform his functions; if he has performed his duties in an incompetent
or
unconscientious manner, or if he becomes permanently incapacitated for
the
performance of his functions.
(3) The Federal Assembly, in accordance with federal law, shall determine
the
existence of cause for terminating the mandate of the Federal Public Prosecutor,
or
for his dismissal.
Title 6 National Bank of Yugoslavia
Article 114 []
(1) The National Bank of Yugoslavia shall be an independent institution
of the
monetary system of the Federal Republic of Yugoslavia and sole bank of
primary
issue, responsible for monetary policy, the stability, of the currency
and financial
discipline, and the performance of other functions as laid down by federal
law.
(2) The National Bank of Yugoslavia shall be directed by a governor, who
shall be
responsible for its work.
(3) The governor of the National Bank of Yugoslavia shall be appointed
for a four-year
term and may be reelected.
Section VI Constitutionality and Legality
Article 115 []
(1) The constitutions of the member republics, federal statutes, the legislation
of
member republics and all other laws and general enactments must be in conformity
with the Constitution of the Federal Republic of Yugoslavia.
(2) Statutes, other laws and general enactments in a member republic must
be in
conformity with federal law.
(3) Regulations and other general enactments adopted by federal agencies
must be
in conformity with federal law.
Article 116 []
Statutes, other laws and general enactments shall come into force on the
eighth
day from the day of publication, except when for justified reasons, specified
during
their adoption, provision is made for them to come into effect earlier.
Article 117 []
(1) Statutes, other laws and general enactment's may not have a retroactive
effect.
(2) Only certain provisions of statutes, if so required by the public interest,
as
established when they are adopted, may have retroactive effect.
Article 118 []
(1) Certain public powers may be legally delegated to an enterprise or
other
organization.
(2) State agencies and organizations which perform public functions may
decide on
the rights and obligations of natural and artificial persons or, pursuant
to the law,
apply coercive or restrictive measures only in a legally prescribed procedure.
Article 119 []
(1) An appeal may be made to the competent authority against decisions
and other
rulings by judicial, administrative and other state authorities, as well
as against
similar first instance decisions by agencies and organizations performing
public
powers.
(2) In special cases and by way of exception, the law may deny the right
of appeal,
if due process of law has been secured in some other manner.
Article 120 []
(1) The authorized court shall determine the legality of administrative
rulings in an
administrative suit, unless some other legal remedy has been provided for
by the
law.
(2) By way of exception, in certain types of administrative cases, an administrative
suit may be prohibited by law.
Article 121 []
Decisions, documents and other rulings issued by state agencies and authorized
organizations in a member republic shall have the same validity throughout
the
entire territory of the Federal Republic of Yugoslavia.
Article 122 []
(1) The work of federal agencies shall be open to the public.
(2) Public insight into the work of federal agencies may be restricted
or denied only
in the cases specified by federal law.
Article 123 []
(1) Everyone shall be entitled to compensation for damages sustained as
a result of
unlawful or improper actions of an official or state agency or organization
which
exercises public power, in conformity with the law.
(2) The state shall be obliged to pay compensation for damages.
(3) The injured party shall have the right, in accordance with law, to
demand
compensation directly form the individual responsible for the damage.
Section VII Federal Constitutional Court
Article 124 []
(1) The Federal Constitutional Court shall rule on:
1) the conformity of the constitutions of member republics with the Constitution
of
the Federal Republic of Yugoslavia;
2) conformity of statutes, other laws and general enactment's with the
Constitution
of the Federal Republic of Yugoslavia and with ratified and promulgated
international
treaties;
3) conformity of statutes and other laws and general enactment's of the
member
republics with federal law;
4) conformity of other regulations and general enactment's of federal agencies
with
federal law;
5) conformity of general enactment's of political parties and associations
of citizens
with the present Constitution and federal law;
6) complaints about a ruling or action violating the rights and freedoms
of man and
the citizen enshrined in the present Constitution;
7) a conflict of jurisdiction between federal and republican authorities
as well as
between the authorities of member republics;
8) prohibition of activities of political parties and other associations
of citizens;
9) violation of rights in the course of the election of federal officials.
(2) The Federal Constitutional Court may decide on the constitutionality
and legality
of acts which are no longer in force, provided the time between the cessation
of their
validity and initiation of proceedings does not exceed one year.
Article 125 []
(1) The Federal Constitutional Court shall be composed of seven justices.
(2) A justice of the Federal Constitutional Court shall be appointed for
a nine-year
term.
(3) The president of the Federal Constitutional Court shall be elected
by the justices
form among their own ranks, by secret ballot, for a term of three years.
(4) A justice of the Federal Constitutional Court may not hold any other
public office
or engage in any professional activity.
(5) A justice of the Federal Constitutional Court shall enjoy the same
immunity as a
federal deputy.
(6) The immunity of a Federal Constitutional Court justice shall be decided
on by the
Federal Constitutional Court.
Article 126 []
(1) The functions of a justice of the Federal Constitutional Court may
cease before
the end of the term for which he was appointed if he requests to step down,
if he
fulfills the requirements for retirement as laid down by federal law, or
if he receives a
prison sentence.
(2) A justice of the Federal Constitutional Court shall be dismissed if
is found quietly
of a penal offense which renders him unfit to perform his duties of if
he is
permanently incapacitated for the performance of the duties of justice
of the Federal
Constitutional Court.
(3) The Federal Constitutional Court shall inform the Federal Assembly
and the
President of the Republic of the causes for the termination of office or
dismissal of a
justice form the Federal Constitutional Court.
(4) The Federal Constitutional Court may decide that a justice of the Court
against
whom there are criminal proceedings should not carry out his duties for
the duration
of the proceedings.
Article 127 []
(1) Anyone may sponsor an initiative for proceedings to establish constitutionality
and legality.
(2) Proceedings before the Federal Constitutional Court may be initiated
by
government authorities or artificial persons if they believe that a right
or interest has
been violated by an act whose constitutionality and legality are in question.
(3) The Federal Constitutional Court may itself initiate proceedings to
assess
constitutionality and legality.
Article 128 []
The Federal Constitutional Court shall decide on a complaint when other
legal
remedies are not available.
Article 129 []
(1) The Federal Constitutional Court shall adopt decision by a majority
of votes of
the justices.
(2) A ruling by the Federal Constitutional Court shall be universally binding
and
effective.
(3) In the case of need, execution of a ruling by the Federal Constitutional
Court
shall be carried out by the federal government.
Article 130 []
(1) When the Federal Constitutional Court determines that there is a discrepancy
between given provisions of the constitution of a member republic and the
Constitution of the Federal Republic of Yugoslavia, the said provisions
of the
constitution of the member republic shall cease to be valid at the end
of six months
from the day the discrepancy was found, if the discrepancy has not been
rectified
within this time.
(2) When the Federal Constitutional Court determines that there is a conflict
between given provisions of statutes, other laws or general enactments
and the
Constitution of the Federal Republic of Yugoslavia or federal law, the
said provisions
of the statutes, laws or general enactments shall cease to be in effect
from the day
of publication of the ruling of the Federal Constitutional Court.
Article 131 []
The organization, procedures and legal effect of rulings of the Federal
Constitutional
Court shall be regulated by federal statute.
Article 132 []
In the course of proceedings up until a final decision is handed down,
the Federal
Constitutional Court may halt the execution of a given act or measure taken
on the
strength of the law, and other regulation or general enactment if irreparable
harm is
liable to occur if it were to be carried into effect.
Section VIII Army of the Federal Republic of Yugoslavia
Article 133 []
(1) The Federal Republic of Yugoslavia shall have an Army to defend its
sovereignty,
territory, independence and constitutional order.
(2) The Army of Yugoslavia may be in the service of an international organization,
subject to the consent of the federal government.
Article 134 []
(1) The Army of Yugoslavia shall be composed of Yugoslav citizens.
(2) The Army of Yugoslavia shall be made up of a standing army and reserve
units.
(3) The standing army shall be composed of professional soldiers and conscripts.
(4) A federal law shall be adopted regulating the Army of Yugoslavia.
Article 135 []
(1) In wartime and peacetime, the Army of Yugoslavia shall be under the
command
of the President of the Republic, pursuant to decisions by the Supreme
Defense
Council.
(2) The Supreme Defense Council shall be made up of the President of the
Republic
and presidents of the member republics.
(3) The President of the Republic shall preside over the Supreme Defense
Council.
Article 136 []
The President of the Republic shall appoint, promote and dismiss from service
officers of the Army of Yugoslavia stipulated by federal law; shall appoint
and
dismiss the president, judges and judge assessors of military tribunals
and military
prosecutors.
Article 137 []
(1) Compulsory military service shall be universal and perfumed in the
manner
established by federal statute.
(2) A citizen who is a conscientious objector for religious or other reasons
and does
not wish to fulfill his military obligation under arms shall be permitted
to serve in the
Army of Yugoslavia without bearing arms or in civilian service, in accordance
with
federal law.
Article 138 []
(1) Military tribunals and military prosecutors shall be established under
federal
statute.
(2) Military tribunals shall be independent and shall adjudicate on the
basis of
federal legislation.
Section IX Amendments to the Constitution of the Federal Republic of
Yugoslavia
Article 139 []
(1) Proposals for amendment of the Federal Republic of Yugoslavia, with
the
exception of Articles 1, 2, 3, 6, 7, 77, 140 and 141, may be submitted
by a
minimum number of 100,000 voters, at least 30 federal deputies from the
Chamber
of Citizens, at least 20 federal deputies from the Chamber of Republics,
and by the
federal government.
(2) Proposals to amend the Constitution of the Federal Republic of Yugoslavia
shall
be decided upon by the chambers of the Federal Assembly by a two-thirds
majority
of the federal deputies in each of the two chambers.
(3) The act of amending the constitution of the Federal Republic of Yugoslavia
shall
be adopted in both chambers of the Federal Assembly by a two-thirds majority
of
the federal deputies in each of the two chambers.
(4) If the act of amending the Constitution of Federal Republic of Yugoslavia
is not
adopted, the same proposal may not be resubmitted for one year from the
day it
failed to be passed.
Article 140 []
(1) Proposals to amend Article 1, 2, 3, 6, 7, 77, 140 and 141 of the Constitution
of
the Federal Republic of Yugoslavia may be submitted by no fewer than 100,000
voters, or no fewer than 30 federal deputies of the Chamber of Citizens,
or by the
federal government or assembly of a member republic.
(2) A proposal to amend the Constitution of the Federal Republic of Yugoslavia
shall
be decided on by the Chamber of Citizens of the Federal Assembly by a two-thirds
majority.
(3) The Chamber of Citizens may decide to amend the Constitution of the
Federal
Republic of Yugoslavia after the assemblies of the member republics have
approved
the proposal for amendment.
(4) If the proposal to amend the Constitution is not passed, the same proposal
may
not be resubmitted within one year from the day the proposal was rejected.
Article 141 []
(1) The draft act to amend Articles 1, 2, 3, 6, 77, 140 and 141 of the
Constitution of
the Federal Republic of Yugoslavia shall be decided on in the Chamber of
Citizens
of the Federal Assembly by a two-thirds majority,.
(2) The amendment of the Constitution of the Federal Republic of Yugoslavia
shall
be deemed to be accepted when the assemblies of the member republics have
approved the text adopted by the Chamber of Citizens of the Federal Assembly.
(3) If the assembly of a member republic should fail to approve the wording
of the
amendment of the Constitution as adopted by the Chamber of Citizens, the
rejected
draft constitutional amendment may not be placed on the Federal Assemblys
agenda within one year from the day the Chamber of Citizens establishes
the lack
of consensus.
Article 142 []
Amendments to the Constitution of the Federal Republic of Yugoslavia shall
be
promulgated by the Federal Assembly.
Section X Final Provisions
Article 143 []
(1) A Constitutional Law shall be adopted for the implementation of the
Constitution
of the Federal Republic of Yugoslavia.
(2) The Constitutional Law shall be promulgated and come into effect concurrently
with the Constitution of the Federal Republic of Yugoslavia.
Article 144 []
The present Constitution shall into force on the day of its promulgation.
© 1994 - 15 Sep. 1998 / Thanks to D. Pantic.