CONSTITUTION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA Mindful of the freedom-loving, democratic and nation-building traditions, historical lies and shared interests of the store 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, fallowing 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 1 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 The Federal Republic of Yugoslavia shall be composed of the Republic of Serbia and the Republic of Montenegro. The Federal Republic of Yugoslavia may be joined by other member republics, in accordance with the present Constitution. Article 3 The territory of the Federal Republic of Yugoslavia shall be a single entity comprising the territories of the member republics. The frontiers of the Federal Republic of Yugoslavia shall be inviolable. The boundaries between member republics may be changed only subject Io their agreement, in accordance with the constitutions of the member republics. Article 4 The Federal Republic of Yugoslavia shall have a flag, a national anthem, and a coal of arms. The flag of the Federal Republic of Yugoslavia shall consist of three horizontal stripes, blue, white and red in that order, from top Io bottom. The national anthem of the Federal Republic of Yugoslavia shall be 'Hej Sloveni'. 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 A member republic shall be a state in which power is vested in its citizens. 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. A member republic shall autonomously organize its government under its own constitution. CONSTITUTION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA The right of local self-government shall be guaranteed, in accordance with the constitution of each member republic. Article 7 Within its competences, a member republic may maintain relations with foreign states, establish its own missions in other states, and join international organizations. Within its competences, 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 In the Federal Republic of Yugoslavia, power shall be vested in the citizens. Citizens shall exercise power directly and through freely elected representatives. Article 9 The Federal Republic of Yugoslavia shall be founded on the rule of law. Laws must be in conformity with the Constitution. Executive and judicial powers shall be subject to low. 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 and 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 low. CONSTITUTION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA Article 12 Authority in the Federal Republic of Yugoslavia shall be organized on the principle of the separation of powers between the legislature, executive, end judiciary. Article 13 The Federal Republic of Yugoslavia shall constitute a single economic area having a single market. 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 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. 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 The Federal Republic of Yugoslavia shall fulfil in good faith the obligations contained in international treaties to which it is a contracting party. 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 The Federal Republic of Yugoslavia shall confer Yugoslav citizenship on its inhabitants. A Yugoslav citizen shall be simultaneously a citizen of one of its member republics. A Yugoslav citizen may not be deprived of his citizenship, deported from the country, or extradited Io another state. A Yugoslav citizen abroad shall enjoy the protection of the Federal Republic of Yugoslavia. Yugoslav citizenship shall be regulated by federal law. Article 18 Church and state shall be separate. Churches shall be free and equal in conducting religious affairs and in the performance of religious rites. SECTION II FREEDOMS, RIGHTS AND DUTIES OF MAN 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 Citizens shall be equal irrespective of their nationality, race, sex, language, faith, political or other beliefs, education, social origin, property, or other personal status. Everyone shall be equal before the low. Each person shall be duty bound to respect the rights and freedoms of others and shall be held responsible for it. Article 21 Human life shall be inviolable. Criminal offences prescribed by Federal legislation may not carry the death penalty. CONSTITUTION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA Article 22 The inviolability of the physical and psychological integrity of the individual, his privacy and personal rights shall be guaranteed. The personal dignity and security of individuals shall be guaranteed. Article 23 Every individual shall have the right of personal freedom. No one may be deprived of his liberty except in cases and according to the procedure laid down by federal law. Every person token 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. The detained person must promptly be informed of his right to remain silent. The detained person shall be entitled to choose his own defence counsel. Illegal arrests shall be a punishable offence. Article 24 A person suspected of having committed a criminal offence may be taken into custody and detained by order of a competent court only when it is necessary for the conduct of criminal proceedings. The detained person must be given an explanation for his arrest in writing at the moment of arrest or no later than 24 hours from the time of arrest. The suspect shall have the right of appeal, which must be decided on by the court within 48 hours. The length of detention must be of the shortest possible duration. The detention ordered by a first instance court may not exceed three months from the day of arrest. This lime 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 Respect for the human personality and dignity in criminal and oil other proceedings in the event of detention or restriction of freedom, as well as during the serving of a prison sentence, shall be guaranteed. CONSTITUTION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA 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. No one may be subjected to torture, or to degrading treatment or punishment. Medical and other scientific experimentation may not be carried out on an individual without his consent. Article 26 Every person shall be entitled Io equal protection of his rights in a legally prescribed procedure. Everyone shall be guaranteed the right of appeal or resort Io other legal remedies against a decision which infringes a right or legally founded interest. Article 27 No one may be punished for on act which did not constitute a penal offence under low or bye-low or the lime it was committed, nor may punishment be inflicted which was not envisaged for the offence in question. Criminal offences and criminal sanctions shall be determined by statute. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty under a valid decision of the court. 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 lime for on offence 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 Every person shall be guaranteed the right to defend himself and the right Io engage a defence counsel before the court or other body authorized to conduct proceedings. No one being tried before a court or other body authorized to conduct proceedings may be punished without being granted a hearing and allowed Io defend himself, in accordance with federal statute. Every person shall be entitled to have a defence counsel of his choice present at his hearing. The cases when a suspect must be given legal assistance shall be spelled out by federal law. Article 30 Citizens shall be guaranteed freedom of movement and residence and the right to leave and return to the Federal Republic of Yugoslavia. 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 defence of the Federal Republic of Yugoslavia. Article 31 The home shall be inviolable. 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. The search must be held in the presence of two witnesses. 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 offence or Io save human lives and property. Article 32 Privacy of the mail and of other means of communication shall be inviolable. 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 defence of the Federal Republic of Yugoslavia. Article 33 Protection of the secrecy of personal data shall be guaranteed. The use of personal data for purposes other than those for which they were compiled shall be prohibited. 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. 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 Freedom of the press and other farms of public information shall be guaranteed. Citizens shall have the right to express and publish their opinions in the mass media. 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. Radio and television stations shall be set up in accordance with the law. • Article 37 The right la have published false information which violates someone's rights or interests corrected shall be guaranteed. Entitlement to compensation for damages arising therefrom, shall be guarantee d. The right of reply in the public media shall be guaranteed. Article 38 Censorship of the press and of other farms of public information shall be prohibited. 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 mon and the citizen, or formant national, racial or religious intolerance and hatred. Article 39 Freedom of speech and public appearance shall be guaranteed. Article 40 Citizens shall be guaranteed the freedom of assembly and other peaceful gathering, without the requirement of a permit, subject Io prior notification of the authorities. Freedom of assembly and other peaceful gatherings of citizens 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 The freedom of political, trade-union and other association and activities shall be guaranteed, without the requirement of a permit, subject Io registration with the competent authorities. Sources of revenue of political parties shall be open to public scrutiny. Trade unions shall be set up to protect the rights and promote the professional and economic interests of their members. Article 42 Activities of political, trade-union, and other organizations aimed al 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. The founding of secret societies and paramilitary groups shall be prohibited. Professional members of the armed forces and police force of the Federal Republic of Yugoslavia may not organize in trade unions. 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 Freedom of religion, public or private profession of religion, and performance of religious rites shall be guaranteed . No one shall be obliged to reveal his religious beliefs. Article 44 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 on answer if so requested. 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 offence. Article 45 Freedom of the expression of national sentiments and culture and the use of one's mother longue and script shall be guaranteed . No one shall be obliged to declare his nationality. Article 46 Members of national minorities shall have the right to education in their own language, in conformity with the low. Members of national minorities shall have the right to information media in their own language. Article 47 Members of national minorities shall have the right to establish educational and cultural organizations or associations, in conformity with the low, which ore 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 conationals within the Republic of Yugoslavia and outside its borders with conationals 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 his 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 guarantee d, in conformity with the Constitution and law. Article 52 Man shall be entitled to a healthy environment and timely information about its condition. It is everyone's duty to protect the human environment and make use of it in a rational manner. 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 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. 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 Free choice of occupation and employment shall be guaranteed. Employed persons may have their labour contracts terminated against their will, under conditions and in the manner stipulated by low and collective agreements. Forced labour shall be prohibited. Article 55 Employed persons shall be entitled to commensurate remuneration. The right to unemployment insurance benefits during temporary unemployment shall be guaranteed, in conformity with Federal low. Article 56 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 low and/or collective agreement. Employees shall have the right to job safety protection, in accordance with the low. Young persons, women, and disabled persons .shall have special protection on the job, in accordance with the low. Article 57 Employed persons shall have the right to strike in order to protect their professional and economic interests, in conformity with federal low. 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. Civil servants and professional members of the armed forces and police force shall not have the right to strike. Article 58 Under a compulsory insurance scheme, employed persons and their family members shall benefit from all types of social security, in conformity with the law. CONSTITUTION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA 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 low. Article 59 Disabled persons shall be guaranteed special protection, in conformity with the low. Article 60 Everyone shall be entitled to health core, in accordance with the low. Children, expectant mothers and the elderly shall be entitled to publicly financed health core, if they are not covered by another insurance programme, while other persons shall receive such core under the conditions stipulated by low. Article 61 The family, mothers and children shall enjoy special protection. Children born out of wedlock shall have the some rights and duties as children born in wedlock. Article 62 Education shall be accessible to oil, under equal conditions. Primary education shall be free and compulsory, in conformity with the low. Article 63 Defence 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 low. Article 65 Everyone shall be obliged to observe the Constitution and low and other regulations and general enactments. CONSTITUTION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA Everyone shall be obliged to perform public office in on honourable and responsible manner. Article 66 Aliens in the Federal Republic of Yugoslavia shall enjoy the freedoms and the rights and duties laid down in the Constitution, federal low, and international treaties. 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. The right of asylum shall be guaranteed to foreign citizens and stateless persons who ore being persecuted for their advocacy of democratic views or 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 The rights and freedoms of mon and the citizen shall be exercised and duties fulfilled in conformity with the Constitution. The manner in which various rights and freedoms of mon and the citizen ore to be exercised may be prescribed by low when so provided for by the Constitution or when necessary for their implementation. Abuse of the rights and freedoms of mon and the citizen shall be unconstitutional and punishable. 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 low as on autonomous and independent activity, in conformity with the low. SECTION Ill ECONOMIC ORDER Article 69 The freedom to work and engage in economic activities shall be guaranteed. Property shall be inviolable. No one may be deprived of his property, nor may it be restricted, except when so required by the public interest, as determined by low, subject to fair compensation which may not be below its market value. Article 70 An alien may acquire property rights and the right to engage in business on terms of reciprocity, in accordance with Federal statute. An alien or stateless person may not acquire ownership of immovable property of cultural significance. A stateless person may not acquire property rights to land, and on alien may acquire property rights to land on terms of reciprocity, in conformity with the low. 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 Naturel resources shall be owned by the state. Agricultural land may be privately owned or subject Io other types of property rights. Forests and timberland may be privately owned or subject Io other types of property rights, within the limits prescribed by low. Some property in the public domain and municipal building sites may be in private and other farms of ownership, in accordance with the low. 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 Enterprises and other manufacturing and service organizations shall be founded, organized and merged freely and autonomously, in conformity with Federal statute. Economic agents shall be independent and equal, and the terms of business shall be the same for all. 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, on imminent threat of war, or any other emergency, the low may introduce restrictions on the disposition of a portion of the assets owned by artificial and naturel persons, for the duration of the state of emergency, or it may impose a special regime for their utilization. Article 76 Funds for the financing of the activities falling within the jurisdiction of the Federal Republic of Yugoslavia shall be apportioned from the federal budget. 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 argons, 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 mon 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 pardon for federal statutory criminal offences; 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 regains; 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 labour 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 defence and security of the Federal Republic of Yugoslavia; 8) protection of human life and health against contagious diseases which threaten the country as a whale; 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 whale; 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 taxic, inflammable, explosive, radioactive and other dangerous substances; 9) the financing of the competences 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 ORGANS OF THE FEDERAL REPUBLIC OF YUGOSLAVIA 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 lows and general enactments; approve the Federal budget and final balance sheet; notify 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 offences; 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 low which do not fall within the jurisdiction of the Federal Republic of Yugoslavia, at the joint proposal of the member republics. Article 80 The Federal Assembly shall be composed of the Chamber of Citizens and the Chamber of Republics. 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. The Chamber of Republics shall be made up of 20 federal deputies from each member republic. Article 81 Federal deputies shall be elected for four-year terms. 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 lows of each member republic. Article 82 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 lime limit the Federal budget is not approved, as well as in other cases specified in the present Constitution. The termination of the mandate of the Federal Assembly shall come into effect fallowing the decree of the President of the Republic. Article 83 The Federal Assembly shall be dissolved at the request of the Federal government. The Federal government may not dissolve the Federal Assembly if the procedure for a vote of confidence in the Federal government has been initiated. Dissolution of the Federal Assembly shall came into effect fallowing the decree of the President of the Republic. Article 84 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. The mandate of the Federal government shall also be terminated with the termination of the mandate or dissolution of the Federal Assembly. Article 85 The Federal Assembly may not be dissolved in the first or lost six months of its term, during a state of war, imminent threat of war, or state of emergency. In the event of a state of war, imminent threat of war, or state of 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 ore created for the election of federal deputies. 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 Federal deputies to the Chamber of Citizens of the citizens of the Federal Assembly shall represent the citizens of the Federal Republic of Yugoslavia, while Federal deputies to the Chamber of Republics of the Federal Assembly shall represent the member republic from which they were elected. A Federal deputy to the Chamber of Citizens shall toke positions and vote according Io his conscience. A Federal deputy to the Chamber of Citizens may not be recalled. Article 87 A Federal deputy shall enjoy immunity. A Federal deputy may not be convicted, incarcerated or punished for expressing on opinion or for his voting in the Federal Assembly. 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 offence carrying a prison sentence of more than live years. Criminal or other proceedings for on offence 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. The Federal Assembly Chamber whose Federal deputy has not claimed immunity may decide, when il deems necessary, that he should avail himself of this immunity. Article 88 The Chamber of Citizens and Chamber of Re publics of the Federal Assembly shall elect their president and vice-president from the ranks of the deputies. The president of a Chamber shall represent the Chamber , direct the work of the Chamber and perform other duties as laid down by federal statute and the Chamber 's rules of procedure. Both chambers shall adopt rules of procedure regulating their work and organization. Article 89 The Federal Assembly shall sit in regular and extraordinary sessions of the Chambers. Regular sessions shall be held without convocation twice a year, in accordance with the Chambers' rules of procedure. The first regular session shall begin on the first weekday in February, and the second on the first weekday in September. Extraordinary sessions shall be held at the request of net 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 Beth Chambers shall decide concurrently on questions within the jurisdiction of the Federal Assembly, by a majority of votes of the federal deputies in Each of the two Chamber s, unless other provision is mode by the present Constitution. Federal statutes regulating: the flog, coot 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-thirds majority of votes of all the Federal deputies in Each of the two Chambers. 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 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. Both Chambers shall vote on the commission's draft, in conformity with the present Constitution. Article 92 If the commission fails to harmonize the text of the bill within one month, or if the Chambers do net 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 of Republics shall be provisionally enforced. 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 du ring 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 previous year, until such time as the new Federal budget is approved. Article 95 A bill for a Federal statute, other low 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. 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. 2. PRESIDENT OF THE REPUBLIC Article 96 The President of the Republic shall: l) represent the Federal Republic of Yugoslavia at home and abroad; 2) promulgate federal laws by decree; issue instruments of ratification 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 Io the Federal Assembly candidates for appointment as justices of the Federal Constitutional Court, justices of the Federal Court, the Federal Public Prosecutor, and the governor 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 by 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 honours of the Federal Republic of Yugoslavia, as provided for by Federal statute; 8) grant pardons for Federal statutory criminal offences; 9) perform other functions as envisaged by the present Constitution. Article 97 The President of the Republic shall be elected by the Federal Assembly for a four-year term of office, by secret ballot. The some individual may not be reelected President of the Republic for a second term. As a rule, the President of the Republic and the Federal prime minister may not be from the some member republic. The President of the Republic may not hold other public office or engage in professional activities . The President of the Republic shall enjoy the some immunity as a federal deputy. The Federal Assembly shall determine the immunity of the President of the Republic. The President of the Republic may only be dismissed if the Federal Assembly ascertains that he has violated the Constitution. Article 98 The President of the Republic may resign from his office. The mandate of the President of the Republic shall be terminated on the day he submits his resignation or is dismissed. In 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. The procedure for the election and dismissal of the President of the Republic shall be determined by Federal low. 3. FEDERAL GOVERNMENT Article 99 The Federal government shall: l) formulate and conduct domestic and foreign policy and enforce federal statutes, other lows and general enactments; 2) foster relations between the Federal Republic of Yugoslavia and other states and international organizations; 3) introduce bills for Federal statutes, other lows and general enactments; 4) adopt decrees, resolutions, and other legislation for the enforcement of Federal statutes and other lows and general enactments of the Federal Assembly; 5) gives its opinion on bills for Federal statutes, other laws and general enactments 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 competences; 7) direct and coordinate the work of Federal ministries and other federal agencies and organizations and on null or abrogate their enactments; • 8) elect and dismiss officials in the Federal ministries and other federal agencies and organizations; 9) call for a general mobilization and organize defence preparations; 10) proclaim on 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 Chamber s; 11) adopt measures regulating matters within the jurisdiction of the Federal Assembly when the Assembly is notable to meet, during a state of war, imminent threat of war, or state of emergency, alter having sought the opinion of the presidents of the Federal Assembly Chambers. 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 Article s 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 The Federal government shall be mode up of a prime minister, deputy prime minister, and federal ministers. The Federal government shall be farmed for a four-year term. A member of the Federal government may not hold any other public office or engage in any professional activities . A member of the Federal government shall enjoy the some immunity as a Federal deputy. The Federal government shall determine the immunity of members of the Federal government. Article 101 The Federal government shall be farmed alter the election of the Federal Assembly. The nominee for prime minister of the Federal government shall appear before the Federal Assembly to present his programme and announce the composition of the Federal government. The Federal government shall be considered farmed when the Federal Assembly elects the prime minister of the Federal government by majority vote of oil the Federal deputies in Each of the two Chamber s, by secret ballot. Article 102 The federal Prime Minister shall direct the work of the federal government. The Federal Prime Minister shall inform the Federal Assembly about changes in the composition of his government. Article 103 The federal Prime Minister shall be responsible to the Federal Assembly for his work and for the work of the federal government. The federal government shall be responsible for the work of its argons and federal ministers. The federal Prime Minister may put his government to a vote of confidence in the Federal Assembly. Failure to win the vote of confidence shall terminate the mandate of the federal government. Article 104 The Federal Assembly may vote no confidence in the federal government. The initiative for a vote of confidence may be submitted by no fewer than 20 federal deputies of one chamber of the Federal Assembly. A vote of confidence may be held no sooner than three days alter the proposal for such a vote was submitted. 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. A vote of no confidence shall terminate the mandate of the federal government. Article 105 The federal Prime Minister may submit his resignation to the Federal Assembly. 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 The Federal ministries shall enforce Federal statutes, other lows 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 low. The Federal minister at the head of a Federal ministry shall be responsible for the work of his ministry. 4. FEDERAL COURT Article 108 The Federal Court shall: 1) act as a court of the highest instance, as stipulated under federal low; 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 republics, 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 lows and general enactments by the courts; 6) perform other duties for which it has been empowered by the present Constitution and Federal low. Article 109 The justices of the Federal Court shall be appointed and dismissed by the Federal Assembly; Justices of the Federal Court shall be appointed for nine-year terms; The justices of the Federal Court shall select one of their members to act as president of the Federal Court. A justice of the Federal Court shall enjoy the some immunity as o federal deputy. The Federal Court shall determine the immunity of one of its justices. A justice of the Federal Court may not hold any other public office or engage in any other professional activity; A federal statute shall be adopted regulating the Federal Court. Article J JO 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. A justice of the Federal Court may be dismissed before the expiry of his mandate: if he is convicted of a penal offence which renders him unfit to carry out judicial functions; if he has performed his judicial duties in on incompetent or unconscientious manner, or if he becomes permanently incapacitated for the performance of his judicial duties. In conformity with Federal low, 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. 5. FEDERAL PUBLIC PROSECUTOR Article 111 The Federal Public Prosecutor shall apply legal remedies for which he is empowered by federal statute in matters within the jurisdiction of the Federal Court and shall perform other duties as provided for by federal low. • 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 offences and other penal offences ore established by federal statute. Article 112 The Federal Public Prosecutor shall be appointed and dismissed by the Federal Assembly and shall serve a four-year term of office. The Federal Public Prosecutor shall enjoy the some immunity as a federal deputy. The Federal Assembly shall determine the immunity of the Federal Public Prosecutor. The Federal Public Prosecutor may not hold any other public office or engage in other professional activities. Article 113 The functions of the Federal Public Prosecutor shall cease before the expiry of his mandate: if he requests to be relieved of his duties, if he meets the requirements for retirement as established by federal low, or if he receives a prison sentence. The Federal Public Prosecutor may be dismissed before the expiry of his mandate: if he has been convicted of a penal offence which renders him unfit to perform his functions; if he has performed his duties in on incompetent or unconscientious manner, or if he becomes permanently incapacitated for the performance of his functions. The Federal Assembly, in accordance with federal low, shall determine the existence of cause for terminating the mandate of the Federal Public Prosecutor, or for his dismissal. 6. NATIONAL BANK OF YUGOSLAVIA Article 114 The National Bank of Yugoslavia shall be on independent institution of the monetary system of the Federal Republic of Yugoslavia and sale 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 low. The National Bank of Yugoslavia shall be directed by a governor, who shall be responsible for its work. 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 The constitutions of the member republics, Federal statutes, the legislation of member republics and ail other laws and general enactments must be in conformity with the Constitution of the Federal Republic of Yugoslavia. Statutes, other laws and general enactments in a member republic must be in conformity with federal low. Regulations and other general enactments adopted by federal agencies must be in conformity with Federal low. Article 116 Statutes, other lows and general enactments shall came into force• on the eighth day from the day of publication, except when for justified reasons, specified du ring their adoption, provision is mode for them to came into effect earlier. Article 117 Statutes, other laws and general enactments may not have a retroactive effect. Only certain provisions of statutes, if so required by the public interest, as established when they ore adopted, may have retroactive effect. Article 118 Certain public powers may be legally delegated to on enterprise or other organization. State agencies and organizations which perform public functions may decide on the rights and obligations of naturel and artificial persons or, pursuant to the low, apply coercive or restrictive measures only in a legally prescribed procedure. Article 119 An appeal may be mode to the competent authority against a 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. In special cases and by way of exception, the low may deny the right of appeal, if due process of low has been secured in some other manner. Article 120 The authorized court shall determine the legality of administrative rulings in on administrative suit, unless some other legal remedy has been provided for by the law. By way of exception, in certain types of administrative cases, on 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 some validity throughout the entire territory of the Federal Republic of Yugoslavia. Article 122 The work of Federal agencies shall be open to the public. Public insight into the work of federal agencies may be restricted or denied only in the cases specified by Federal low. Article 123 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 powers, in conformity with the law. The state shall be obliged Io pay compensation for damages. The injured party shall have the right, in accordance with low, to demand compensation directly from the individual responsible for the damage. SECTION VII FEDERAL CONSTITUTIONAL COURT Article 124 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 enactments 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 enactments of the member republics with Federal low; 4) conformity of other regulations and general enactments of federal agencies with Federal low; 5) conformity of general enactments 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 mon 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. The Federal Constitutional Court may decide on the constitutionality and legality of acts which ore no longer in force, provided the time between the cessation of their validity and initiation of proceedings does not exceed one year. Article 125 The Federal Constitutional Court shall be composed of seven justices. A justice of the Federal Constitutional Court shall be appointed for a nine-year term. The president of the Federal Constitutional Court shall be elected by the justices from among their own ranks, by secret ballot, for a term of three years. A justice of the Federal Constitutional Court may not hold any other public office or engage in any professional activity. A justice of the Federal Constitutional Court shall enjoy the some immunity as a Federal deputy. The immunity of a Federal Constitutional Court justice shall be decided on by the Federal Constitutional Court. Article 126 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 fulfils the requirements for retirement as laid down by Federal low, or if he receives a prison sentence. A justice of the Federal Constitutional Court shall be dismissed if he is found guilty of a penal offence which renders him unfit to perform his duties or if he is permanently incapacitated for the performance of the duties of justice of the Federal Constitutional Court. 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 from the Federal Constitutional Court. 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 Anyone may sponsor on initiative for proceedings to establish constitutionality and legality. 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 on act whose constitutionality and legality ore in question. 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 The Federal Constitution al Court shall adopt decisions by a majority of votes of the justices. A ruling by the Federal Constitutional Court shall be universally binding and effective. In the case of need, execution of a ruling by the Federal Constitutional Court shall be carried out by the federal government. Article 130 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. 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 l 31 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 low, 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 The Federal Republic of Yugoslavia shall have an Army to defend its sovereignty, territory, independence and constitutional order. The Army of Yugoslavia may be in the service of an international organization, subject to the consent of the Federal government. Article 134 The Army of Yugoslavia shall be composed of Yugoslav citizens. The Army of Yugoslavia shall be made up of a standing army and reserve units. The standing army shall be composed of professional soldiers and conscripts. A Federal low shall be adopted regulating the Army of Yugoslavia. Article 135 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 Defence Council. The Supreme Defence Council shall be made up of the President of the Republic and presidents of the member republics. The President of the Republic shall preside over the Supreme Defence 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 dis miss the president, judges and judge assessors of military tribunals and military prosecutors. Article 137 Compulsory military service shall be universal and performed in the manner established by Federal statute. A citizen who is a conscientious objector for religious or other reasons and does not wish to fulfil 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 Military tribunals and military prosecutors shall be established under federal statute. Military tribunals shall be independent and shall adjudicate on the basis al federal legislation. SECTION IX AMENDMENTS TO THE CONSTITUTION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA Article 139 Proposals for amendment of the Constitution of the Federal Republic of Yugoslavia, with the exception of Article s 1, 2, 3, 6, 7, 77, 1 40, and 1 41 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 !rom the Chamber of Republics, and by the federal government. 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 Chamber s. 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. If the act of amending the Constitution of the Federal Republic of Yugoslavia is not adopted, the some proposal may not be resubmitted for one year from the day it foiled to be passed. Article 140 Proposals to amend Article s 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. 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. 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. 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 The draft act to amend Article s 1, 2, 3, 6, 7, 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. 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. 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 droit constitutional amendment may not be placed on the Federal Assembly's 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 A Constitutional Law shall be adopted for the implementation of the Constitution of the Federal Republic of Yugoslavia. The Constitutional Law shall be promulgated and came into effect concurrently with the Constitution of the Federal Republic of Yugoslavia. Article 144 The present Constitution shall came into force on the day of its promulgation. CONSTITUTIONAL LAW FOR THE IMPLEMENTATION OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA 1. ENFORCEMENT OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA Article 1 The Constitution of the Federal Republic of Yugoslavia shall be enforced from the day of its promulgation by the Federal Chamber of the Assembly of the Socialist Federal Republic of Yugoslavia, unless the enforcement of some of its provisions has been determined otherwise by the present Law. Article 2 Constitutional provisions governing the rights and duties of federal organs and organizations shall be in force from the day of their establishment, in conformity with the Constitution. The constitutional provisions governing the competences of the President of the Republic and the federal government shall be in force from the day of the constitution of the Federal Assembly. Article 3 Elections for federal deputies Io the Chamber of Citizens and the Chamber of Republics of the Federal Assembly shall be held not later than June 30, 1992. The Federal Chamber of the Assembly of the SFRY shall adopt a law on the election and termination of the mandates of the federal deputies in the Chamber of Citizens of the Federal Assembly and a law establishing the procedure for the election and dismissal of the President of the Republic within 15 days from the day the present Law comes into force. The National Assembly of the Republic of Serbia and the Assembly of the Republic of Montenegro shall adopt laws on the election and termination of the mandates of Federal deputies in the Chamber of Republics of the Federal Assembly and lows on electoral constituencies for the election of federal deputies to the Chamber of Citizens of the Federal Assembly, not later than the day stipulated in paragraph 2 of the present Article. The first elections for the Federal Assembly shall be called by the Federal Chamber of the Assembly of the Socialist Federal Republic of Yugoslavia. Article 4 The first session of the Federal Assembly shall begin within l 5 days of the election of the federal deputies. The first session of the Federal Assembly shall be convoked by the president of the Assembly of the SFRY, not later than seven days from the date of elections of federal deputies. The first session of the Chamber of Citizens and the Chamber of Republics of the Federal Assembly shall be presided over, pending the election of the presidents of these chambers, by the most senior federal deputy in the Chamber. The first session of the Federal Assembly shall sit until the election of the President of the Republic, federal prime minister, justices of the Federal Constitutional Court and the governor of the National Bank of Yugoslavia, and in the interim an ad shall be adopted on the provisional financing of the Federal Republic of Yugoslavia for 1992. The Law on the organization, procedures and legal effect of the rules of the Federal Constitutional Court shall be adopted simultaneously with the election of the justices of the Federal Constitutional Court. The mandate of the delegates and members of delegations in the Assembly of the SFRY shall be terminated with the constitution of the Federal Assembly. Article 5 The President of the Republic shall be elected within seven days from the day of the constitution of the Federal Assembly. Pending the election of the President of the Republic, the functions of the President of the Republic shall be performed by the Presidency of the SFRY. Article 6 The President of the Republic shall propose to the Federal Assembly a federal prime minister designate within seven days of taking office. The formation of federal ministries and other Federal agencies and organizations and the establishment of their organization and competences shall be carried out within 30 days from the election of the federal prime minister. Until the formation of a federal government, the affairs of the federal government shall be administered by the Federal Executive Council of the Assembly of the SFRY. Article 7 The Federal Court, the Constitutional Court of Yugoslavia, the Federal Public Prosecutor's Office, the Federal Attorney General, the National Bank of Yugoslavia, the federal administration and federal organizations and the Public Accountancy Service of Yugoslavia shall continue their work until the adoption of regulations which will prescribe the creation, organization, and work of corresponding federal argons in conformity with the Constitution. Article 8 The election of the president and justices of the Federal Court and the Federal Public Prosecutor shall be carried out on the day set by relevant lows, but not later than three months from the day these lows came into force. Article 9 On the day of the promulgation of the present Law, the office of the Federal Social Attorney of Self-Management shall cease to exist. On the day of the promulgation of the present Law, the fallowing posts shall be abolished: 1) the Federal Office of Social Planning 2) the Federal Office of Prices 3) the Federal Administration for International Scientific, Educational, Cultural and Technical Cooperation 4) the Federal Geological Office 5) the Federal Office for Setter Administration 6) the Federal Employment Bureau. The affairs of the agencies enumerated in paragraph 2 of the present Article shall be administered and their staff, files and resources taken over by corresponding federal secretariats. II. MATERIAL AND OTHER OBLIGATIONS OF THE SFRY Article 10 The material and other obligations assumed by the Socialist Federal Republic of Yugoslavia until the promulgation of the Constitution shall be considered as its obligations meaning the obligation of the republics which farmed it. The Federal Assembly shall set up a state commission for the division of the property, rights and obligations of the Socialist Federal Republic of Yugoslavia. III. THE LENGTH OF MANDATES AND RIGHTS OF OFFICIALS AND CIVIL SERVANTS Article 11 A person elected or appointed to an office and an official in a federal organ, organization or service, at home or abroad, who has been elected or appointed from a republic which used to be part of the Socialist Federal Republic of Yugoslavia and which is not a member of the Federal Republic of Yugoslavia shall be relieved of his duties from the day of the promulgation of the present Law, unless the organ responsible for their election or appointment should decide otherwise. The act on the termination of the post or function for the persons referred to in paragraph 1 of the present Article shall be adopted by the organ, organization or service in which these persons availed themselves of their rights on the basis of their functions and work. Other persons elected or nominated to the function and officials in the federal argon, organization or service shall be discharged on the day of the termination of the posts, organization or service, or the date of the election of a new official in accordance with the Constitution, and the previous office holder shall become available for reassignment. Resources to cover the emoluments of the persons referred Io in the preceding paragraph shall be apportioned from the Federal budget. The Federal Assembly shall establish the method of toking over the functions from the existing Federal organs, organizations and services, staff, resources and archives, and shall designate the agency which is to handle the remuneration of the persons referred to in paragraph l of the present Article. IV. HARMONIZATION OF FEDERAL LAWS WITH THE CONSTITUTION Article 12 Federal statutes and other Federal lows shall remain in force until they have been brought into conformity with the Constitution within the lime limits set under the present Law, unless they ore specifically annulled by the present Law. Article 13 The fallowing legislation shall cease to be valid from the day of the promulgation of the present Law: l) the Law on the purchase and sale of real property and buildings (Official Gazette of the SFRY, Nos. 43/65, 57/65, 17/67, and l l/74); 2) the Law on the proclamation of July 26th as the Day of solidarity of the nations and nationalities of Yugoslavia and the republics and autonomous provinces in defence and removal of the consequences of naturel disasters (Official Gazette of the SFRY, No. 40/73); 3) the Law on the Social Attorney of Self-Management (Official Gazette of the SFRY, Nos. 36/75 and 20/82); 4) the Law on the Federal Social Attorney of SelfManagement (Official Gazette of the SFRY, Nos. 36/75 and 20/82); 5) the Law an the formation and work of the delegations of active military and civilian personnel serving in the armed forces of the SFRY (Official Gazette of the SFRY, Nos. 49/75 and 11 /78); 6) the Associated labour Act (Official Gazette of the SFRY, Nos. 3/76, 57/83, 85/87, 6/88, 40/89, and 60/89); 7) the Law on the principles of the system of social planning and the social plan of Yugoslavia (Official Gazette of the SFRY, Nos. 66/78 and 58/89); 8) the Law on compensation (Official Gazette of the SFRY,. No. 11/80); 9) the Law on the Edvard Kardelj Prize (Official Gazette of the SFRY, No. 25/81); 10) the Law on courts of associated labour (Official Gazette of the SFRY, No. 38/84); 11) the Law on the public loan for the refinancing of organizations of associated labour (Official Gazette of the SFRY, No. 24/86); 12) the Law on the Anti-Fascist Council of National Liberation of Yugoslavia Award, (Official Gazette of the SFRY, No. 49/89); 13) the Law on decorations of the Socialist Federal Republic of Yugoslavia (Official Gazette of the SFRY, No. 10/86). Article 14 As of the dote of promulgation of the act on the organization and competences of the federal ministries and other federal argons and organizations, the Law on the organization and competences of the federal administration and federal organizations (Official Gazette of the SFRY, Nos. 22/78, 70/84, 18/85, 23/86, 37 /88, 81/89, 40/89, and 35/91 ), the Law an the principles of the system of state administration and the Law on the Federal Executive Council and federal administration (Official Gazette of the SFRY, Nos. 23/78, 21 /82, 18/85, 37 /88, 18/89, 72/89, 42/90, 7 4/90, and 35/91) shall cease to be valid, except for the provisions relating to the status and remuneration of the Federal civil service. Article 15 The fallowing legislation shall be brought into conformity with the Constitution by December 31, 1992: l) the Law on the financing of the Federation (Official Gazette of the SFRY, Nos. 15/77, 71 /86, l 0/88, 31 /88, 16/89, 41 /89, and 60/89); 2) the Law on the National Bank of Yugoslavia and the monetary operation of the national bonks of the republics and national bonks of the autonomous provinces (Official Gazette of the SFRY, Nos. 34/89, 88/89, 61/91, and 96/91); 3) the Law on bonks and other financial organizations (Official Gazette of the SFRY, Nos. l 0/89, 40/89, 21 /90, and 66/90); 4) the Law on foreign payments (Official Gazette of the SFRY, No. 77/88); 5) the Law on the Public Accountancy Service (Official Gazette of the SFRY, Nos. 70/83, 16/86, 72/86, 7 4/87, 37 /88, 61 /88, l 0/89, and 57/89); 6) the Low on the purchase and sale of property (Official Gazette of the SFRY, Nos. 6/80 and 36/90); 7) the Low on social capital (Official Gazette of the SFRY, Nos. 84/89 and 46/89); 8) the Law on enterprises (Official Gazette of the SFRY, Nos. 77 /88, 40/89, 46/90, and 61 /90); 9) the Law on foreign exchange business (Official Gazette of the SFRY, Nos. 66/89, 13/86, 71/86, 3/88, 59/88, 85/89, and 82/90); 10) the Law on credit relations with foreign countries (Official Gazette of the SFRY, No. 66/85); 11) the Law on foreign trade (Official Gazette of the SFRY, Nos. 63/89 and 11/89); 12) the Customs Law (Official Gazette of the SFRY, Nos. l 0/7 6, 36/79, 52/79, 12/82, 61 /82, 77 /84, 25/85, 38/86, 28/88, 40/89, 70/89, 21 /90, and 17 /92); 13) the Law on provisional measures and sales tax (Official Gazette of the SFRY, No. 17 /92); 14) the Law an total national defence (Official Gazette of the SFRY, Nos. 64/85, 26/89, 29/89, 30/91 ); 15) the Law on military service (Official Gazette of the SFRY, Nos.64/85, 26/89, 29/89, 30/91); 16) the Law on service in the armed forces (Official Gazette of the SFRY, Nos. 7 /85, 20/89, 40/89, and 26/90); 17) the Law on the resources and financing of the Yugoslav People’s Army (Official Gazette of the SFRY, Nos. 53/89, and 57 /89); 18) the Law an passports of the SFRY citizens (Official Gazette of the SFRY, Nos. 30/79, 36/79, and 53/85); 19) the Law on citizenship of the SFRY (Official Gazette of the SFRY, No. 58/75); 20) the Law on the movement and residence of aliens (Official Gazette of the SFRY, Nos. 56/80, 53/85, 30/89, 26/90, and 53/91 ); 21) the Law on holidays in the SFRY (Official Gazette, No. 6/72); 22) the Low on the principles of the system of state security (Official Gazette of the SFRY, Na. 18/84); 23) the Law on the federal administration of internal affairs (Official Gazette of the SFRY, No. 70/85); 24) the Low on !rode (Official Gazette of the SFRY, No. 46/90); 25) the Law on the Chamberof the Economy of Yugoslavia (Official Gazette of the SFRY, No. 42/90); 26) the Law on occountancy (Official Gazette of the SFRY, Nos. 12/89, 35/89, 3/90, 42/90, and 61/90); 27) the Law on finoncial transactions (Official Gazette of the SFRY, Nos. 10/89, 26/89, 35/89, 79/89, 87 /89, and 61 /90); 28) the Law on the Federal Fund for Crediting the Accelerated Development of Underdeveloped Republics and Autonomous Provinces (Official Gazette of the SFRY, Nos. 33/7 6, 72/81, and 71 /85); 29) the Law on the principles of the system of public information (Official Gazette of the SFRY, Nos. 39/85 and 84/90); 30) the Law on the importation and dissemination of foreign media of information and on the external information activity of Yugoslavia (Official Gazette of the SFRY, Nos. 39/7 4 and 7 4/87); Defence Council (Official Gazette of the SFRY, No. 50/7 4) 32) the Law on the publication of federal laws and other federal regulations and general enactments (Official Gazette of the SFRY, Nos. 43/7 6 and l 1 /80); 33) the Law on the seal of the SFRY and the seals of the federal argons (Official Gazette of the SFRY, No. 67 /72); 34) the Law on novel flags of the SFRY, and on command and rank ensigns (Official Gazette of the SFRY, No. 22/73); 35) the Law on sea and internal waterways navigation (Official Gazette of the SFRY, Nos. 22/77, 13/82, 30/85, 80/89, and 20/90); 36) the Law on the territorial sea and epicontinental belt of the Socialist Federal Republic of Yugoslavia (Official Gazette of the SFRY, Nos. 49/98 and 59/89); 37) the Law on the Federal Public Attorney (Official Gazette of the SFRY, Nos. 4/77, 20/82, 20/90, and 21 /90). By the deadline stipulated in paragraph l of the present Article, the federal lows establishing the institutions, schools and other organizations acting in the interest of the Socialist Federal Republic of Yugoslavia shall be brought into conformity with the Constitution. By the deadline stipulated in paragraph l of the present Article, the Law on the principles of the tax system shall be adopted. Article 16 Ali other federal lows shall be brought into conformity with the Constitution by December 31, 1994. Article 17 The Federal regulations governing the enforcement of Federal lows which will be harmonized with the Constitution, shall have to be adjusted within the deadlines laid down under these lows and may be enforced until the expiry of these deadlines at the latest. Article 18 Federal lows and other Federal regulations, as well as those of their provisions which regulate relations which ore not within the competence of the Federal Republic of Yugoslavia, shall be cease to be valid on the day of the promulgation of the corresponding republican low. Article 19 Fallowing its constitution, the Federal Assembly shall set up a special commission to see to the harmonization of federal regulations with the Constitution. The Commission referred to in the preceding paragraph shall propose a programme of harmonization of federal regulations with the Constitution, toking into account the deadlines set by the present Law and the urgency of regulating certain relationships. V. OTHER PROVISIONS Article 20 Immovable property and other assets being used by the federal agencies, organizations and services at home and abroad shall be owned by the state and administered by the Federal Republic of Yugoslavia, in accordance with federal law. Article 22 The seals and stamps being used by the federal agencies and organizations shall be changed by September 30, 1992. Article 22 The currency, securities and other documents shall remain valid after the promulgation of the Constitution, while the appellation of the state and emblems on them, as well as the languages in which they have been written, shall be changed on the occasion of new issues. Article 23 On the day of the promulgation of the present Law, the name of the Official Gazette of the SFRY shall be changed to read 'Official Gazette of the Federal Republic of Yugoslavia'. Article 24 The present Law shall came into force when proclaimed by the Federal Chamber of the Assembly of the Socialist Federal Republic of Yugoslavia. COMMENTARY The proposed arrangements in the Constitution [….] implementation of the Constitution of the Federal Republic of Yugoslavia via provide for the enforcement of the constitutional […] day of its coming into force in all the cases in which it is possible, and they lay down the necessary mechanisms and deadlines for the setting up of the new argons of the Federal state and the transition to a new organization and work of the argons established under the Constitution, whereby they provide for the enforcement of other constitutional provisions within the shortest possible time. They permit the change-over from the previous administration of the Socialist Federal Republic of Yugoslavia to that of the Federal Republic of Yugoslavia. In view of the above, the constitutional provisions relating to the competences of the federal agencies and organizations shall apply from the date of their establishment, which means that the existing federal organs shall continue with their work until the creation of new argons in accordance with the Constitution having the competences and powers laid down under the regulations valid prier to the promulgation of the Constitution. From the constitution of the Federal Assembly, i.e., from the moment when the newly elected federal deputies should begin their duties in accordance with the new Constitution, the Presidency of the SFRY and the Federal Executive Council shall continue attending to matters which under the new Constitution fall within the jurisdiction of the President of the Republic and the federal government, until their establishment in conformity with the Constitution. They will thus provide for the necessary continuity in the functioning of the Federal state and transition from the assembly system to the system of the separation of powers established under the new Constitution. To facilitate an efficient election and constitution of the Federal Assembly, the Federal Chamber of the Assembly of the SFRY shall pass a law regulating the election and recall of the federal deputies in the Chamber of Citizens and the law on the election and dismissal of the President of the Republic. The Federal Chamber of the Assembly of the SFRY shall also call for elections for the Federal Assembly. At the some time, republican laws will be passed which are necessary for the constitution of the Chamber of Republics of the Federal Assembly and for the election of deputies Io this body. This law sets short deadlines for the election of the President of the Republic and federal Prime Minister, so as to facilitate the soonest possible constitution of ail those organs which are necessary before a federal state con carry out its functions internally and internationally. For these reasons, the first session of the Federal Assembly shall continue until the election of all the organs has been carried out and until the adoption of on act concerning the provisional financing of the federal state. At the same lime, the first session is to elect also the justices of the Federal Constitutional Court and the governor of the National Bank of Yugoslavia, in view of the importance of these functions. All other argons (the Federal Court, the Federal Public Prosecutor, the Federal Public Attorney, the National Bank of Yugoslavia, and the Public Accountancy Service, and the federal administration and federal organizations are) to continue in office until the promulgation of legislation which is to regulate the setting up of agencies and the work of those organs which ore established under the Constitution or which are indispensable for the functioning of the federal state. Under the Constitutional Law, on the day of the promulgation of this Law, all those persons who had been elected, nominated or appointed to their functions in the federal agencies, organizations or services, at home or abroad, and who had been elected, nominated or appointed to these functions as representatives of those republics which had been part of the Socialist Federal Republic of Yugoslavia and which are no longer members of the Federal state will have their mandates terminated. At the same time, provision is mode for some of these persons to remain temporarily at their posts until the election of corresponding officials in accordance with the Constitution, unless the organ competent for their election, nomination or appointment should find that this is necessary in order to secure continuity in the work of a government argon. These persons may receive their emoluments according to the provisions of the republics from which they have been elected or nominated, and chargeable to those republics. The terms of service shall cease for oil other persons elected, nominated or appointed to these organs, and they will be discharged as of the day when these organs are abolished or on the day of the election of corresponding officials in accordance with the Constitution. The staff in these organs ore to receive the status of persons awaiting appointment and enjoy the benefits accorded to redundant staff. The Constitutional Law also lays down the deadlines by which the present Federal regulations must be brought into conformity with the Constitution. Similarly, it has enumerated those Federal laws which shall cease Io be valid on the day of the promulgation of the Constitutional Law but which cannot be abrogated at the moment of the promulgation of the Constitution. For oil other lows, the final deadline for harmonization with the Constitution is December 31, 199 4, with the proviso !hot the Federal Assembly shall set up a special commission, which will work on the harmonization of Federal lows with the Constitution, bearing in mind the urgency of regulating certain relationships indispensable for the functioning of the Federal state. The Constitutional Law provides for o group of 37 Federal lows which ore to be brought into conformity with the Constitution by December 31, 1992, in view of the fact that they regulate questions which al the moment of the promulgation of the present Law have been believed to be indispensable for the functioning of the Federal state (the financing of the Federal government, the status of bonks and other financial organizations and the National Bank of Yugoslavia, foreign investments, property ownership, situation of enter- prises and other businesses, etc.). This high priority deadline will also apply Io the Federal lows which provide for the setting up of institutions and schools serving the functions of the Socialist Federal Republic of Yugoslavia so as to facilitate their change-over to a new organization, with the proviso that within the some term on assessment will be mode al which institutions should be abolished. Provision has also been mode for the assets held by the federal agencies, organizations and agencies at home and abroad to become owned by the state and managed by the Federal state in accordance with Federal low, and for a special state commission to be farmed for the purpose of dividing up the assets, rights and obligations of the Socialist Federal Republic of Yugoslavia. The Constitutional Law regulates some other questions relevant ta the implementation of the new Constitution of the Federal Republic of Yugoslavia, such as the changing of the seals and stomps, use of the money, securities and other documents, including the change of the appellation of the state, the emblems upon them, and the language in which they have been written, and the changed name of the Official Gazette, which publishes the Federal lows, other regulations and general enactments adopted by the Federal argons. DECLARATION THE REPRESENTATIVES OF THE PEOPLE OF THE REPUBLIC OF SERBIA AND THE REPUBLIC OF MONTENEGRO, EXPRESSING THE WILL OF THE CITIZENS OF THEIR RESPECTIVE REPUBLICS TO STAY IN THE COMMON STATE OF YUGOSLAVIA; ACCEPTING ALL BASIC PRINCIPLES OF THE CHARTER OF THE UNITED NATIONS AND THE CSCE HELSINKI AND PARIS CHARTERS, AND PARTICULARLY THE PRINCIPLES OF PARLIAMENTARY DEMOCRACY, MARKET ECONOMY AND RESPECT FOR HUMAN RIGHTS AND THE RIGHTS OF NATIONAL MINORITIES; REMAINING STRICTLY COMMITTED TO A PEACEFUL RESOLUTION OF THE YUGOSLAV CRISIS, WISH TO STATE IN THIS DECLARATION THEIR VIEWS ON THE BASIC, IMMEDIATE AND LASTING OBJECTIVES OF THE POLICY OF THEIR COMMON ST ATE, AND ON ITS RELATIONS WITH THE FORMER YUGOSLAV REPUBLICS. IN THAT REGARD, THE REPRESENTATIVES OF THE PEOPLE OF THE REPUBLIC OF SERBIA AND THE REPUBLIC OF MONTENEGRO DECLARE: 1. THE FEDERAL REPUBLIC OF YUGOSLAVIA, CONTINUING THE STATE, INTERNATIONAL LEGAL AND POLITICAL PERSONALITY OF THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA, SHALL STRICTLY ABIDE BY ALL THE COMMITMENTS THAT THE SFR OF YUGOSLAVIA ASSUMED INTERNATIONALLY IN THE PAST. AT THE SAME TIME, IT SHALL BE READY TO FULLY RESPECT THE RIGHTS AND INTERESTS OF THE YUGOSLAV REPUBLICS WHICH DECLARED INDEPENDENCE. THE RECOGNITION OF THE NEWLY-FARMED STATES WILL CONSTITUTION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA FALLOW AFTER ALL THE OUTSTANDING QUESTIONS NEGOTIATED ON WITHIN THE CONFERENCE ON YUGOSLAVIA HAVE BEEN REGULATED. REMAINING SOUND BY ALL OBLIGATIONS TO INTERNATIONAL ORGANIZATIONS AND INSTITUTION WHOSE MEMBER IT IS, THE FEDERAL REPUBLIC OF YUGOSLAVIA SHALL NOT OBSTRUCT THE NEWLY-FARMED STATES TO JOIN THESE ORGANIZATIONS AND INSTITUTIONS, PARTICULARLY THE UNITED NATIONS AND ITS SPECIALIZED AGENCIES. THE FEDERAL REPUBLIC OF YUGOSLAVIA SHALL RESPECT AND FULFIL THE RIGHTS AND OBLIGATIONS THE SFR OF YUGOSLAVIA ASSUMED VIS-AVIS THE TERRITORIES OF KRAJINA WHICH HAVE BEEN PLACED, WITHIN THE FRAMEWORK OF THE UNITED NATIONS PEACE-KEEPING OPERATION, UNDER THE PROTECTION OF THE WORLD ORGANIZATION. THE FEDERAL REPUBLIC OF YUGOSLAVIA ALSO REMAINS READY TO NEGOTIATE, WITHIN THE CONFERENCE ON YUGOSLAVIA, ON ALL PROBLEMS RELATED TO THE DIVISION OF ASSETS, WHICH MEANS BOTH TO ASSETS AND DEBTS ACQUIRED JOINTLY. IN CASE OF A DISPUTE REGARDING THESE ISSUES, THE FEDERAL REPUBLIC OF YUGOSLAVIA SHALL BE READY TO ACCEPT THE ARBITRATION OF THE PERMANENT COURT OF. ARBITRATION IN THE HAGUE. 2. THE DIPLOMATIC AND CONSULAR MISSIONS OF THE FEDERAL REPUBLIC OF YUGOSLAVIA SHALL CONTINUE WITHOUT INTERRUPTION TO PERFORM THEIR FUNCTIONS OF REPRESENTING AND PROTECTING THE INTERESTS OF YUGOSLAVIA. UNTIL FURTHER NOTICE, THEY SHALL CONTINUE TO TAKE CARE OF ALL THE ASSETS OF YUGOSLAVIA AB ROAD. THEY SHALL ALSO EXTEND CONSULAR PROTECTION TO ALL NATIONALS OF THE SFR OF YUGOSLAVIA WHENEVER THEY REQUEST THEM TO DO SO UNTIL A FINAL REGULATION OF THEIR NATIONALITY STATUS. THE FEDERAL REPUBLIC OF YUGOSLAVIA RECOGNIZED, AT THE SAME TIME, THE FULL CONTINUITY OF THE REPRESENTATION OF FOREIGN STATES BY THEIR DIPLOMATIC AND CONSULAR MISSIONS IN ITS TERRITORY. 3. THE FR OF YUGOSLAVIA IS INTERESTED IN THE RECONSTRUCTION OF ECONOMIC, TRANSPORT, ENERGY AND OTHER FLOWS AND TIES IN THE TERRITORY OF THE SFR OF YUGOSLAVIA IT IS READY TO MAKE ITS FULL CONTRIBUTION TO THAT END. 4. THE FR OF YUGOSLAVIA HAS NO TERRITORIAL ASPIRATIONS AGAINST ANYBODY IN ITS SURROUNDINGS. RESPECTING THE OBJECTIVES AND PRINCIPLES OF THE UNITED NATIONS CHARTER AND CSCE DOCUMENTS, IT REMAINS STRICTLY COMMITTED TO THE PRINCIPLE OF NON-USE OF FORCE IN SETTLING ANY OUTSTANDING ISSUES. 5. THE FR OF YUGOSLAVIA SHALL ENSURE THE HIGHEST STANDARDS OF THE PROTECTION OF HUMAN RIGHTS AND THE RIGHTS OF NATIONAL MINORITIES PROVIDED FOR IN INTERNATIONAL LEGAL INSTRUMENTS AND CSCE DOCUMENTS. IN ADDITION, THE FR OF YUGOSLAVIA SHALL BE READY TO ADDITIONALLY RECOGNIZE TO THE NATIONAL MINORITIES IN ITS TERRITORY ALL THOSE RIGHTS WHICH WOULD BE RECOGNIZED TO AND PRACTISED BY THE NATIONAL MINORITIES IN OTHER CSCE PARTICIPATING STATES. 6. IN ITS FOREIGN RELATIONS, THE FR OF YUGOSLAVIA SHALL BE GUIDED BY THE PRINCIPLES OF THE UNITED NATIONS CHARTER, AS WELL AS THE PRINCIPLES OF CSCE DOCUMENTS, PARTICULARLY THE PARIS CHARTER FOR NEW EUROPE. AS THE FOUNDING MEMBER OF THE MOVEMENT OF NON-ALIGNED COUNTRIES, IT SHALL REMAIN COMMITTED TO THE W PRINCIPLES AND OBJECTIVES OF THE POLICY OF NON-ALIGNMENT. IT SHALL BUILD RELATIONS OF CONFIDENCE AND UNDERSTANDING TOWARDS ITS NEIGHBOURS PROCEEDING FROM THE PRINCIPLE OF GOODNEIGHBOURLINESS. THE FEDERAL REPUBLIC OF YUGOSLAVIA SHALL, AS A STATE OF FREE CITIZENS, BE GUIDED IN ITS DEMOCRATIC DEVELOPMENT BY THE STANDARDS AND ACHIEVEMENTS OF THE COUNCIL OF EUROPE, THE EUROPE AN COMMUNITY AND OTHER EUROPEAN INSTITUTIONS, WITH AN ORIENTATION TO JOIN THEM ITSELF IN THE FORESEEABLE FUTURE. BEOGRAD, APRIL 27, 1992 THE PARTICIPANTS OF THE JOINT SESSION OF THE SFRY ASSEMBLY, THE NATIONAL ASSEMBLY OF THE REPUBLIC OF SERBIA AND THE ASSEMBLY OF THE REPUBLIC OF MONTENEGRO AFTERWORD How did the new Constitution of the Federal Republic of Yugoslavia came about? The new Constitution came into being fallowing the secession at four out of six republics of former Yugoslavia. There is not much point in considering the international causes and European and other interests which encouraged the secessionism of the former republics of Yugoslavia. The senseless, undemocratic and anti-historic nature of this ad will only be revealed in time to come. Yugoslavia, which had lasted for more than seventy years, and which came about as a result of the cultural, spiritual and liberation aspirations at the Yugoslav peoples, is a historic and cultural fact. The destruction of Yugoslavia is in fact the destruction of this fact. The new Constitution is an expression of the continuity of Yugoslavia as an internationally recognized state: it is one of the original member states of the United Nations and an active champion of the policy of equality, peace and coexistence among the peoples of this planet. This Constitution is, therefore, the codification of historical, cultural and intellectual achievements of the Yugoslav community, which disintegrated not through the will of its peoples but as a result of the pressure of pragmatic interests of the present great economic and political powers. It was inevitable that the new Federal Republic of Yugoslavia should at one and the some lime represent both continuity and a new beginning, as a state which is not tom by irreconcilable and externally-inspired conflicts and contradictions. Yugoslavia's continuity has been ensured under this Constitution be cause it was adopted by the old and legal constitutional power, while respecting the old procedures prescribed under the old Constitution. The text of the new Constitution was first adopted as their own draft by the republican assemblies of Serbia and Montenegro, after which it was also adopted and promulgated by the Federal Chamber of the Assembly of the SFRY. This act w as in consequence of the situation which arose fallowing the gross violation of the Federal Constitution by the four federal units Slovenia, Croatia, Bosnia and Hercegovina, and Macedonia which look their decisions to secede after staging demagogical and manipulated referendums, which served as a formal pretext for the legitimacy of this fact. The secessionist republics neither did nor could take port in the adoption of the new Constitution because by deporting from Yugoslavia they had forfeited their right to participate in the life of the new state. The fact that the secessionist republics, recognized all too rashly, decided to leave Yugoslavia does not mean that Yugoslavia had ceased to exist as a historical fact, for it will continue to exist as long as there ore peoples who wish to remain within it. What is important here is the essence and not just the name of the state which n as continued Io exist, as the name con be changed at any lime, depending on the number end the names of the member republics in it. The new Yugoslavia is founded upon a democratic structure of the historical and practical interests of the Serbian and Montenegrin peoples. Hence, it is a legitimate successor to oil the international obligations and rights of Yugoslavia, and these rights cannot be exercised by those who left Yugoslavia by their own or someone else's will. The Constitution printed here is the basic low of new Yugoslavia. It comprises a declaration of human rights and freedoms and on organic low on the organization and work of the highest state authorities. This Constitution has important democratic features. Here ore some of them. A member republic is defined as a state in which power is vested in the citizens. Article 8 of the new Constitution states: 'In the Federal Republic of Yugoslavia, power shall be vested in the citizens.' The new state is based upon the rule of low. lt recognizes and guarantees the freedoms and rights of mon and the citizen which ore recognized in international low. The Federal Republic of Yugoslavia acknowledges and guarantees oil rights to the national minorities, in accordance with international low. Political pluralism is on important feature of the Constitution of the SFRY. It is a condition and guarantee of democracy in Yugoslavia. Article 20 of the Constitution states: Citizens shall be equal irrespective of their nationality, race, sex, language, faith, political or other beliefs, education, social origin, property, or other personal status. It states that Yugoslavia has gone a long way toward meeting the obligations arising from the international treaties to which it is a signatory. 'International treaties,' states Article 16 of the new Constitution, 'which have been ratified and promulgated in conformity with the Constitution and generally accepted rules of international law shall be a constituent part of the internal legal order.' The new Constitution protects basic human rights and freedoms: it guarantees the personal dignity and safety of the individual, assures the right to personal freedom, protects the individual from government repression, abolishes the death penalty, guarantees and protects personal data, assures freedom of conviction, conscience, thought and public expression of opinions, guarantees freedom of the press, creativeness, freedom of speech and public communication. Censorship of the press and of other public information media is prohibited. Under the Constitution, a citizen has the right to publicly criticize the work of the government authorities, organizations and officials, to submit complaints, petitions and proposals to the authorities and receive a reply. The Constitution also guarantees the right Io own property. The reader will realize that this is a synoptic legal (rather than ideological) at which guarantees the protection of human rights and freedoms and assures progress in the overall development of Yugoslavia. Dr. Prvoslov Ralié