Constitution of Yugoslavia (1946)

by Constituent Assembly of the Federative People's Republic of Yugoslavia

THE CONSTITUTION OF THE FEDERATIVE PEOPLE'S REPUBLIC OF YUGOSLAVIA 
 (1946) 

Resolution of the Constituent Assembly of the Federative People's Republic of Yugoslavia on the Promulgation of the Constitution of the Federative People's Republic of Yugoslavia

The Constituent Assembly of the Federative People's Republic of Yugoslavia, being the supreme representative of the sovereignty of the people and the expression of the unanimous will of all the peoples of the Federative People's Republic of Yugoslavia, at a joint session of both Houses, the Federal Assembly and the Assembly of Nationalities, resolves: That the Constitution of the Federative People's Republic of Yugoslavia, enacted by the Federal Assembly and the Assembly of Nationalities, be promulgated and proclaimed to the peoples and citizens of the Federative People's Republic of Yugoslavia. 

PART ONE - FUNDAMENTAL PRINCIPLES

Article I: THE FEDERATIVE PEOPLE'S REPUBLIC OF YUGOSLAVIA

Section 1. The Federative People's Republic of Yugoslavia is a federal people's state, republican in form, a community of peoples equal in rights who, on the basis of the right to self-determination, including the right of separation, have expressed their will to live together in a federative state.

Section 2.

(1) The Federative People's Republic of Yugoslavia is composed of the People's Republic of Serbia, the People's Republic of Croatia, the People's Republic of Slovenia, the People's Republic of Bosnia and Herzegovina, the People's Republic of Macedonia and the People's Republic of Montenegro.

(2) The People's Republic of Serbia includes the autonomous province of Vojvodina and the autonomous Kosovo-Metohijan region.

Section 3. The state coat of arms of the Federative People's Republic of Yugoslavia represents a field encircled by ears of corn. At the base the ears are tied with a ribbon on which is inscribed the date 29-XI-1943. Between the tops of the ears is a five-pointed star. In the center of the field five torches are laid obliquely, their several flames merging into one single flame.

Section 4. The state flag of the Federative People's Republic of Yugoslavia consists of three colors: blue, white and red, with a red five-pointed star in the middle. The ratio of the width to the length of the flag is as one to two. The colors of the flag are placed horizontally in the following order from above: blue, white and red. Each color covers one-third of the flag's width. The star has a regular five-pointed shape and a gold (yellow) border. The central point of the star coincides with the intersection point of the diagonals of the flag. The upmost point of the star reaches half way up the blue field of the flag, so that the lower points of the star occupy corresponding positions in the red field of the flag.

Section 5. The principal town of the Federative People's Republic of Yugoslavia is Belgrade.

Article II: THE PEOPLE'S AUTHORITY

Section 6.

(1) All authority in the Federative People's Republic of Yugoslavia derives from the people and belongs to the people.

(2) The people exercise their authority through freely elected representative organs of state authority, the people's committees, which, from local people's committees up to the assemblies of the people's republics and the People's Assembly of the F.P.R.Y., originated and developed during the struggle for national liberation against fascism and reaction, and are the fundamental achievement of that struggle.

Section 7.

(1) All the representative organs of state authority are elected by the citizens on the basis of universal, equal and direct suffrage by secret ballot.

(2) The people's representatives in all organs of state authority are responsible to their electors. It will be determined by law in which cases, under what conditions and in what way the electors may recall their representatives even before the end of the period for which they were elected.

Section 8.

(1) The organs of state authority exercise their power on the basis of the Constitution of the F.P.R.Y., the constitutions of the people's republics, the laws of the F.P.R.Y., the laws of the people's republics and the general regulations issued by the higher organs of state authority.

(2) All acts of the state administration and judiciary organs must be founded on law.

Article III: FUNDAMENTAL RIGHTS OF THE PEOPLES AND THE PEOPLE'S REPUBLICS

Section 9.

(1) The sovereignty of the people's republics composing the Federative People's Republic of Yugoslavia is limited only by the rights which by this Constitution are given to the Federative People's Republic of Yugoslavia.

(2) The Federative People's Republic of Yugoslavia protects and defends the sovereign rights of the people's republics.

(3) The Federative People's Republic of Yugoslavia protects the security and the social and political order of the people's republics.

Section 10. Any act directed against the sovereignty, equality and national freedom of the peoples of the Federative People's Republic of Yugoslavia and their people's republics is contrary to the Constitution.

Section 11.

(1) Each people's republic has its own constitution.

(2) The people's republic makes its constitution independently.

(3) The constitution of the people's republic reflects the special characteristics of the republic and must be in conformity with the Constitution of the F.P.R.Y.

Section 12.

(1) The People's Assembly of the F.P.R.Y. determines the boundaries between the people's republics.

(2) The boundaries of a people's republic cannot be altered without its consent.

Section 13. National minorities in the Federative People's Republic of Yugoslavia enjoy the right to and protection of their own cultural development and the free use of their own language.

Article IV: SOCIAL-ECONOMIC ORGANIZATION

Section 14.

(1) Means of production in the Federative People's Republic of Yugoslavia are either the property of the entire people, i.e., property in the hands of the state or the property of the people's cooperative organizations, or else the property of private persons or legal entities.

(2) All mineral and other wealth underground, the waters, including mineral and medicinal waters, the sources of natural power, the means of rail and air transport, the posts, telegraphs, telephones and broadcasting are national property.

(3) The means of production in the hands of the state are exploited by the state itself or given to others for exploitation.

(4) Foreign trade is under control of the state.

Section 15.

(1) In order to protect the vital interests of the people, to further the people's prosperity and the right use of all economic potentialities and forces, the state directs the economic life and development of the country in accordance with a general economic plan, relying on the state and cooperative economic sectors, while achieving a general control over the private economic sector.

(2) In carrying out the general economic plan and economic control, the state relies on the cooperation of syndicalist organizations of workmen and employees and other organizations of the working people.

Section 16.

(1) The property of the entire people is the mainstay of the state in the development of the national economy.

(2) The property of the entire people is under the special protection of the state.

(3) The administration and disposal of the property of the entire people are determined by law.

Section 17. The state devotes special attention to the people's cooperative organizations and offers them assistance and facilities.

Section 18. Private property and private initiative in economy are guaranteed. The inheritance of private property is guaranteed. The right of inheritance is regulated by law. No person is permitted to use the right of private property to the detriment of the people's community. The existence of private monopolist organizations, such as cartels, syndicates, trusts and similar organizations created for the purpose of dictating prices, monopolizing the market and damaging the interests of the national economy, is forbidden. Private property may be limited or expropriated if the common interest requires it, but only in accordance with the law. It will be determined by law in which cases and to what extent the owner shall be compensated. Under the same conditions individual branches of national economy or single enterprises may be nationalized by law if the common interest requires it.

Section 19. The land belongs to those who cultivate it. The law determines whether and how much land may be owned by an institution or a person who is not a cultivator. There can be no large landholdings in private hands on any basis whatsoever. The maximum size of private landholdings will be determined by law. The state particularly protects and assists poor peasants and peasants with medium-sized holdings by its general economic policy, its low rates of credit, and its tax system.

Section 20. By economic and other measures the state assists the working people to associate and organize themselves for their protection against economic exploitation. The state protects persons who are engaged as workers or employees especially, by assuring them the right of association, by limiting the working day, by ensuring the right to paid annual holidays, by controlling working conditions, by devoting attention to housing conditions and social insurance. Minors in employment enjoy the special protection of the state.

Article V: THE RIGHTS AND DUTIES OF CITIZENS

Section 21. All citizens of the Federative People's Republic of Yugoslavia are equal before the law and enjoy equal rights regardless of nationality, race and creed. No privileges on account of birth, position, property status or degree of education are recognized. Any act granting privileges to citizens or limiting their rights on grounds of difference of nationality, race and creed, and any propagation of national, racial and religious hatred and discord are contrary to the Constitution and punishable.

Section 22. The citizens of the Federative People's Republic of Yugoslavia are bound to comply with the Constitution and laws.

Section 23. All citizens, regardless of sex, nationality, race, creed, degree of education or place of residence, who are over eighteen years of age, have the right to elect and be elected to all organs of state authority. Citizens in the ranks of the Yugoslav Army have the same right to elect and be elected as other citizens. The suffrage is universal, equal and direct and is carried out by secret ballot. The suffrage is not enjoyed by persons under guardianship, persons deprived of electoral rights by sentence of a court of law for the duration of the sentence, and persons who have lost their electoral rights in accordance with Federal law.

Section 24. Women have equal rights with men in all fields of state, economic and social- political life. Women have the right to the same pay as that received by men for the same work, and as workers or employees they enjoy special protection. The state especially protects the interests of mothers and children by the establishment of maternity hospitals, children's homes and day nurseries and by the right of mothers to a leave with pay before and after childbirth.

Section 25. Freedom of conscience and freedom of religion are guaranteed to citizens. The Church is separate from the state. Religious communities, whose teaching is not contrary to the Constitution, are free in their religious affairs and in the performance of religious ceremonies. Religious schools for the education of priests are free and are under the general supervision of the state. The abuse of the Church and of religion for political purposes and the existence of political organizations on a religious basis are forbidden. The state may extend material assistance to religious communities.

Section 26. Matrimony and the family are under the protection of the state. The state regulates by law the legal relations of marriage and the family. Marriage is valid only if concluded before the competent state organs. After the marriage, citizens may go through a religious wedding ceremony. All matrimonial disputes come within the competence of the people's courts. The registration of births, marriages and deaths is conducted by the state. Parents have the same obligations and duties to children born out of wedlock as to those born in wedlock. The position of children born out of wedlock is regulated by law. Minors are under the special protection of the state.

Section 27. Citizens are guaranteed the freedom of the Press, freedom of speech, freedom of association, freedom of assembly, the freedom to hold public meetings and demonstrations.

Section 28. Citizens are guaranteed inviolability of person. No person may be detained under arrest for longer than three days without the written and motivated decision of a court of law or of a public prosecutor. The longest period of arrest is determined by law. No person may be punished for a criminal act except by sentence of a competent court on the basis of the law establishing the competence of the court and defining the offense. Punishments may be determined and pronounced only on the basis of the law. No person, if within the reach of the state authorities, may be tried without being given a lawful hearing and duly invited to defend himself. Punishments for infringements of legal prescriptions may be pronounced by the organs of the state administration only within the limits set by law. No citizen of the Federative People's Republic of Yugoslavia may be banished from the country. Only in cases defined by law may a citizen be expelled from his place of residence. Federal law determines in which cases and in what manner citizens of the Federative People's Republic of Yugoslavia may be deprived of their citizenship. Citizens of the Federative People's Republic of Yugoslavia in foreign countries enjoy the protection of the Federative People's Republic of Yugoslavia.

Section 29. The dwelling is inviolable. Nobody may enter another person's dwelling or premises, or search them against the occupant's will without a legal search warrant. A search may only be made in the presence of two witnesses. The occupant of the premises has the right to be present during the search of his dwelling or premises.

Section 30. The privacy of letters and other means of communication is inviolable except in cases of criminal inquiry, mobilization or war.

Section 31. Foreign citizens persecuted on account of their struggle for the principles of democracy, for national liberation, the rights of the working people or the freedom of scientific and cultural work, enjoy the right of asylum in the Federative People's Republic of Yugoslavia.

Section 32. It is the duty of every citizen to work according to his abilities; he who does not contribute to the community cannot receive from it.

Section 33. All public offices are equally accessible to all citizens in accordance with the conditions of the law. It is the duty of citizens to perform conscientiously the public duties to which they have been elected or which are entrusted to them.

Section 34. The defense of the fatherland is the supreme duty and honor of every citizen. High treason is the greatest crime toward the people. Military service is universal for all citizens.

Section 35. The state ensures disabled ex-servicemen a decent living and free occupational training. The children of fallen soldiers and of war victims are under the special care of the state.

Section 36. The state promotes the improvement of public health by organizing and controlling health services, hospitals, pharmacies, sanatoria, nursing and convalescent homes and other health institutions. The state extends its care to the physical education of the people, especially of young people, in order to increase the health and the working capacity of the people and the power of defense of the state.

Section 37. The freedom of scientific and artistic work is assured. The state assists science and art with a view to developing the people's culture and prosperity. Copyright is protected by law.

Section 38. In order to raise the general cultural standard of the people, the state ensures the accessibility of schools and other educational and cultural institutions to all classes of the people. The state pays special attention to the young and protects their education. Schools are state-owned. The founding of private schools may be permitted only by law, and their work is controlled by the state. Elementary education is compulsory and free. The School is separate from the Church.

Section 39. Citizens have the right to address requests and petitions to the organs of the state authorities. Citizens have the right of appeal against the decisions of the organs of the state administration and the irregular proceedings of official persons. The procedure for lodging an appeal will be prescribed by law.

Section 40. Every citizen has the right to file a suit against official persons before a competent tribunal on account of criminal acts committed by them in their official work.

Section 41. Subject to conditions prescribed by law, citizens have the right to seek indemnity from the state and from official persons for damage resulting from the illegal or irregular discharge of official functions.

Section 42. All citizens shall pay taxes in proportion to their economic capacity. Public taxes and duties and exemptions from them are established only by law.

Section 43. With a view to safeguarding the civic liberties and democratic organization of the Federative People's Republic of Yugoslavia, established by this Constitution, it is declared illegal and punishable to make use of civic rights in order to change or undermine the constitutional order for anti-democratic purposes.

PART TWO - ORGANIZATION OF THE STATE

Article VI: THE FEDERATIVE PEOPLE'S REPUBLIC OF YUGOSLAVIA AND THE PEOPLE'S REPUBLICS

Section 44. The Federative People's Republic of Yugoslavia exercises all the rights vested in it by the Constitution. Under the jurisdiction of the Federative People's Republic of Yugoslavia as represented by the highest federal organs of state authority and the organs of state administration are included: 1. Amendments to the Constitution of the F.P.R.Y., control over the observance of the Constitution, and the ensuring of the conformity of the Constitutions of the people's republics with the Constitution of the F.P.R.Y.; 2. The admission of new republics and approval of the foundation of new autonomous provinces and autonomous regions; 3. The delimitation of boundaries between the republics; 4. The representation of the Federative People's Republic of Yugoslavia in international relations; international treaties; 5. Questions of war and peace; 6. The general direction and control of commercial relations with foreign countries; 7. National defense and the security of the state; 8. Traffic by rail, air, river and sea and navigational affairs of national importance; 9. Posts, telegraphs, telephones and wireless; 10. Federal citizenship; 11. Matters connected with emigration and immigration; the legal status of foreigners; 12. The general economic plan of the state; statistics; 13. The Federal budget; the passing of the general state budget and of final accounts; supreme control over the administration of the general state budget; 14. The monetary and credit system; Federal loans; foreign exchange and currency transactions; insurance; customs; state monopolies; 15. Patents, trade marks, models, samples, measures, weights, precious metals; 16. Care for disabled ex-servicemen; 17. Amnesty and pardon in cases of acts violating Federal laws; 18. Financial, industrial, mining, building, commercial, forestry and agricultural concerns of national importance; 19. Roads, rivers, canals and ports of national importance; 20. Control over the carrying out of Federal laws; 21. Legislation concerning the distribution of revenues to the Federal budget, the budgets of the republics and those of autonomous and administrative territorial units; legislation concerning public loans and taxes; 22. Legislation concerning the organization of the law courts, public prosecution, advocateship; criminal law; commercial, exchange and check law; maritime law; 23. Legislation concerning civil procedure litigious and non-litigious, executive, bankruptcy, criminal and general administrative procedure; the personal status of citizens; 24. Basic legislation concerning labor, enterprises and social insurance; cooperative societies; civil rights; 25. The establishment of general principles for the legislation and administration of the republics in the domains of agriculture, mining, forestry, hunting, water power; building; economic administration; regulation of prices; health and physical culture; education; social welfare and the organization of state authority. The republics may issue their own prescriptions in these matters until general principles are laid down by the Federative People's Republic of Yugoslavia. Outside these matters the people's republics exercise their authority independently.

Section 45. The territory of the Federative People's Republic of Yugoslavia consists of the territories of its republics and forms a single state and economic area.

Section 46. Federal laws are valid throughout the territory of the Federative People's Republic of Yugoslavia. In case of discrepancy between Federal laws and the laws of the republics, Federal law shall be applied.

Section 47. The traffic of goods between republics is free and cannot be restricted by the laws of any republic. Acts and documents issued by organs of state administration and organs of justice of one republic have the same validity in every republic.

Section 48. A single Federal citizenship is established for the citizens of the Federative People's Republic of Yugoslavia. Every citizen of a people's republic is at the same time a citizen of the Federative People's Republic of Yugoslavia. Every citizen of a republic enjoys in every republic the same rights as the citizens of that republic.

Article VII: THE SUPREME FEDERAL ORGANS OF STATE AUTHORITY

The People's Assembly of the Federative People's Republic of Yugoslavia

Section 49. The People's Assembly of the Federative People's Republic of Yugoslavia is the representative of the sovereignty of the people of the Federative People's Republic of Yugoslavia.

Section 50. The People's Assembly is the supreme organ of state authority of the Federative People's Republic of Yugoslavia and exercises all those rights belonging to the Federative People's Republic of Yugoslavia which are not transferred by the Constitution to the jurisdiction of other Federal organs of state authority and state administration. -462

Section 52. The People's Assembly of the F.P.R.Y. consists of two Houses--the Federal Council and the Council of Nationalities.

Section 53. The Federal Council is elected by all citizens of the Federative People's Republic of Yugoslavia. For every 50,000 inhabitants one deputy is elected.

Section 54. The Council of Nationalities is elected in the republics, autonomous provinces and autonomous regions. The citizens of each republic elect thirty, the autonomous provinces twenty, and the autonomous regions fifteen representatives.

Section 55. No person can be a deputy in both houses of the People's Assembly of the F.P.R.Y. at the same time.

Section 56. The People's Assembly of the F.P.R.Y. is elected for a term of four years.

Section 57. Both houses of the People's Assembly of the F.P.R.Y. have equal rights.

Section 58. The houses of the People's Assembly of the F.P.R.Y. sit, as a rule, separately. The sessions of the Federal Council and the Council of Nationalities open and close simultaneously.

Section 59. The Federal Council elects a president, two vice presidents and three secretaries. The Council of Nationalities elects a president, two vice presidents and three secretaries. The presidents conduct the meetings of the houses and their work according to the rules of procedure.

Section 60. The sessions of the People's Assembly of the F.P.R.Y. are regular or extraordinary and are convened by a decree of the Presidium of the People's Assembly of the F.P.R.Y. Regular sessions are convened twice a year: on the 15th of April and on the 15th of October. If the People's Assembly is not convened on these dates it can meet even without the decree of the Presidium. Extraordinary sessions are convened whenever the Presidium of the People's Assembly of the F.P.R.Y. considers it necessary, whenever one of the republics requests it through its supreme organ of state authority, or if one-third of the deputies of one house request it.

Section 61. Both houses of the People's Assembly of the F.P.R.Y. sit in joint meeting only when this Constitution expressly provides for it or when both houses so decide. Joint meetings of the People's Assembly of the F.P.R.Y. are presided over alternatively by the presidents of the houses. - At a joint meeting of the People's Assembly of the F.P.R.Y. resolutions are carried by a majority of votes. For the passing of resolutions the presence of the majority of the deputies of each house is required.

Section 62. Each house prescribes its own rule of order, and the People's Assembly of the F.P.R.Y. prescribes the rule of procedure for joint meetings.

Section 63. The Government of the F.P.R.Y., the members of the Government of the F.P.R.Y. and the deputies of both houses have the right to introduce bills. A bill may be introduced in either house of the People's Assembly of the F.P.R.Y. No bill may become law unless it receives a majority of votes in both houses during a meeting at which a majority of the deputies of each house is present.

Section 64. Each house of the People's Assembly of the F.P.R.Y. has the right to propose amendments to a bill already accepted in one house. Thus amended, the bill is returned for confirmation to the house in which it originated. If agreement is not reached, the matter is submitted to a coordinating committee of the People's Assembly of the F.P.R.Y., which comprises an equal number of members of both houses. If the coordinating committee does not reach an agreement or if one of the houses rejects the solution proposed by the coordinating committee, the houses will reconsider the whole matter. If again no agreement is reached, the People's Assembly of the F.P.R.Y. shall be dissolved. The dissolution decree shall also embody the order for holding new elections.

Section 65. Laws and other general prescriptions of the Federative People's Republic of Yugoslavia are published in the languages of the people's republics.

Section 66. A law comes into force on the eighth day after its publication in the 'Official Gazette of the F.P.R.Y.,' unless the law itself provides otherwise.

Section 67. Each house elects committees to which it entrusts specific matters. Each house at its first meeting elects a verification committee which examines the deputies' mandates. On the proposal of its committee each house confirms or annuls the deputies' mandates.

Section 68. The People's Assembly of the F.P.R.Y. and each of its houses may, through their enquiry committees, carry out enquiries on any matter of general significance. It is the duty of all state organs to comply with the demands of enquiry committees for the establishment of facts and collection of evidence.

Section 69. Deputies of the People's Assembly of the F.P.R.Y. enjoy rights of immunity. Deputies may not be arrested nor may criminal proceedings be instituted against them without the approval of the house to which they belong or of the Presidium of the People's Assembly of the F.P.R.Y., unless taken in the act of committing an offense, in which case the Presidium of the People's Assembly must immediately be informed.

Section 70. In case of war or similar extraordinary circumstances the People's Assembly of the F.P.R.Y. may prolong the duration of its mandate as long as such circumstances exist. The People's Assembly of the F.P.R.Y. may decide to dissolve even before the end of the period for which it was elected.

Section 71. Elections for a new People's Assembly of the F.P.R.Y. must be announced before the expiry of the last day of the period for which the outgoing People's Assembly was elected. Not less than two and not more than three months shall elapse between the date of dissolution of the People's Assembly of the F.P.R.Y. and the date of elections for a new People's Assembly of the F.P.R.Y.

Section 72. The People's Assembly of the F.P.R.Y. passes amendments to the Constitution. A proposal to amend the Constitution may be submitted by the Presidium of the People's Assembly of the F.P.R.Y., by the Government of the F.P.R.Y. or by one-third of the deputies of one of the houses. A proposed amendment to the Constitution must be approved by a majority of votes in each house. The proposed amendment to the Constitution is adopted if an absolute majority of the total number of deputies in each house votes in its favor. An adopted amendment to the Constitution is promulgated by the People's Assembly of the F.P.R.Y. at a joint meeting of both houses.

The Presidium of the People's Assembly of the Federative People's Republic of Yugoslavia

Section 73. The People's Assembly of the F.P.R.Y. elects the Presidium of the People's Assembly of the F.P.R.Y. at a joint meeting of both houses.T he Presidium of the People's Assembly of the F.P.R.Y. consists of a President, six vice presidents, a secretary and not more than thirty members.

Section 74. The Presidium of the People's Assembly of the F.P.R.Y. performs the following functions: 1. Convenes the sessions of the People's Assembly of the F.P.R.Y.; 2. Dissolves the People's Assembly of the F.P.R.Y. in the event of disagreement of the houses over a bill; 3. Orders elections for the People's Assembly of the F.P.R.Y.; 4. Gives the ruling as to whether a law of the republics is in conformity with the Constitution of the F.P.R.Y. and with the Federal laws, subject to the ratification of the People's Assembly of the F.P.R.Y., at the request of the Government of the F.P.R.Y., the presidium of the people's assemblies of the republics, the Supreme Court of the F.P.R.Y., the Public Prosecutor of the F.P.R.Y., or on its own initiative; 5. Gives obligatory interpretations of Federal laws; Proclaims laws which have been passed; issues decrees; 2. Exercises the right of pardon according to the provisions of the law; 3. Awards decorations and confers honorary titles of the Federative People's Republic of Yugoslavia according to the provisions of the Federal law; 4. Ratifies international treaties; 5. Appoints and recalls ambassadors, envoys extraordinary and ministers plenipotentiary to foreign countries on the proposal of the Government of the F.P.R.Y.; 6. Receives the credentials and letters of recall of diplomatic representatives accredited to it by foreign countries; 7. Declares general mobilization and state of war in the event of an armed attack against the Federative People's Republic of Yugoslavia, or in case of necessity for the immediate fulfillment of international obligations of the Federative People's Republic of Yugoslavia toward the international peace organization or toward an allied country; 8. On the proposal of the President of the Government of the F.P.R.Y. and subject to ratification by the People's Assembly of the F.P.R.Y., appoints and relieves of their office individual members of the Government during the period between two sessions of the People's Assembly of the F.P.R.Y.; 9. Appoints the deputies of members of the Government on the proposal of the President of the Government of the F.P.R.Y.; 10. Modifies, unites and abolishes existing ministries and commissions on the proposal of the President of the Government of the F.P.R.Y., during the period between sessions of the People's Assembly of the F.P.R.Y. and subject to ratification by the latter; 11. Determines, upon the proposal of the Government of the F.P.R.Y., what enterprises and institutions are of national significance and come under the direct administration of the Federal Government; 12. Orders a people's referendum on matters within the jurisdiction of the Federative People's Republic of Yugoslavia on the basis of a resolution of the People's Assembly of the F.P.R.Y. or on the proposal of the Government of the F.P.R.Y.; The decrees of the Presidium of the People's Assembly of the F.P.R.Y. are signed by the President and the secretary.

Section 75. The Presidium of the People's Assembly of the F.P.R.Y. is responsible for its work to the People's Assembly of the F.P.R.Y. The People's Assembly of the F.P.R.Y. may recall the Presidium and elect a new one, and also relieve individual members of their functions and elect new ones even before the end of the term for which they have been elected.

Section 76. When the People's Assembly of the F.P.R.Y. is dissolved, the Presidium carries out its duty until the Presidium of the new People's Assembly of the F.P.R.Y. is elected. The newly elected People's Assembly of the F.P.R.Y. shall meet within one month of the conclusion of the elections.

Article VIII: FEDERAL ORGANS OF STATE ADMINISTRATION

Section 77. The highest executive and administrative organ of state authority of the Federative People's Republic of Yugoslavia is the Government of the F.P.R.Y. The Government of the F.P.R.Y. is appointed and relieved of its functions by the People's Assembly of the F.P.R.Y. at a joint meeting of both houses. The Government of the F.P.R.Y. is responsible to and accountable for its work to the People's Assembly of the F.P.R.Y. In the interval between two sessions of the People's Assembly of the F.P.R.Y. the Government is responsible and accountable for its work to the Presidium of the People's Assembly of the F.P.R.Y.

Section 78. The Government of the F.P.R.Y. acts on the basis of the Constitution and Federal laws. The Government of the F.P.R.Y. issues regulations for the application of laws and regulations on the basis of legal authorization, as well as instructions and orders for the execution of Federal laws. The Government of the F.P.R.Y. sees to the execution of Federal laws and supervises their application. Regulations, instructions, orders and decisions of the Government of the F.P.R.Y. are signed by the President of the Government and by the responsible minister.

Section 79. Regulations, instructions, orders and decisions of the Government of the F.P.R.Y. are binding throughout the territory of the Federative People's Republic of Yugoslavia.

Section 80. The Government of the F.P.R.Y. directs and coordinates the work of its ministries, commissions and committees. The Government of the F.P.R.Y. sees to the preparing and carrying out of the national economic plan and budget; draws up and carries out the annual economic plans; controls the credit and monetary system; undertakes all necessary measures for the safeguarding and protection of the constitutional order and of the rights of citizens; directs the general organization of the Yugoslav Army; directs the maintenance of relations with foreign states; sees to the carrying out of international treaties and obligations; decides upon bills presented by individual members of the Government to the People's Assembly of the F.P.R.Y.; prescribes the internal organization of ministries and of subordinate institutions; appoints committees, commissions and institutions for the carrying out of economic, defensive and cultural measures.

Section 81. The Government of the F.P.R.Y. consists of the President, vice presidents, ministers, the chairman of the Federal Planning Commission and the chairman of the Federal Control Commission. The Government of the F.P.R.Y. may also include ministers without portfolio.

Section 82. The members of the Government of the F.P.R.Y., before taking up their duties, take the oath before the Presidium of the People's Assembly of the F.P.R.Y.

Section 83. The President of the Government of the F.P.R.Y. represents the Government, presides over the meetings and directs the work of the Government.

Section 84. Members of the Government of the F.P.R.Y. are responsible under criminal law if, in the execution of their official duties, they trespass against the Constitution and laws. They are responsible for any damage which they cause to the state by illegal acts. More explicit provisions concerning the responsibility of members of the Government of the F.P.R.Y. are laid down by Federal law.

Section 85. The ministers of the Government of the F.P.R.Y. direct the branches of the state administration which come within the competence of the Federative People's Republic of Yugoslavia. The ministers of the Federal Government, the chairman of the Federal Planning Commission and the chairman of the Federal Control Commission issue rules, instructions and orders on the basis of and for the application of the Federal laws, regulations, instructions and orders of the Federal Government. The ministers see to the proper execution of the Federal laws, regulations, instructions and orders of the Federal Government and are responsible for their application within the branch of state administration under their direction.

Section 86. The ministries of the Government of the F.P.R.Y. are either Federal or Federal- republican. Federal ministries are the Ministry of Foreign Affairs; the Ministry of National Defense; the Ministry of Communications; the Ministry of Shipping; the Ministry of Posts; the Ministry of Foreign Trade. Federal-republican ministries are the Ministry of Finance; the Ministry of the Interior; the Ministry of Justice; the Ministry of Industry; the Ministry of Mines; the Ministry of Commerce and Supplies; the Ministry of Agriculture and Forestry; the Ministry of Labor; the Ministry of Public Works.

Section 87. The Federal ministries administer, as a rule directly through their own organs, a given branch of state administration throughout the territory of the Federative People's Republic of Yugoslavia. The Federal ministries in order to carry out those affairs for which they are responsible may appoint their representatives to the governments of the republics and set up departments and sections attached to the people's committees.

Section 88. The Federal-republican ministries direct a determined branch of state administration indirectly through the corresponding ministries of the people's republics, and can administer directly only specified affairs, enterprises and institutions of national significance.

Section 89. The Government of the F.P.R.Y. includes committees concerned with education and culture, public health and social welfare and appointed for the general direction of these branches of state administration. Such committees may be formed for other affairs of state administration.

Article IX: SUPREME ORGANS OF STATE AUTHORITY OF THE PEOPLE'S REPUBLICS

Section 90. The supreme organ of state authority of a people's republic is the people's assembly of the republic. The people's assembly of a republic is elected by the citizens of the republic for a period of four years according to the terms of the constitution and the laws of the republic.

Section 91. The People's Assembly of a republic exercises the sovereign rights of the republic in the name of the people on the basis of the constitution of the republic and in conformity with the Constitution of the F.P.R.Y. It deals with all matters within the jurisdiction of the republic insofar as they are not transferred by the constitution of the republic to the competence of the presidium of the people's assembly of the republic or to the government of the republic.

Section 92. Legislative power in the republic is exercised exclusively by the people's assembly of the republic.

Section 93. The people's assembly of the republic elects a president, a vice president and secretaries to conduct its sessions.

Section 94. The people's assembly elects the presidium of the people's assembly of the republic, consisting of a president, one or more vice presidents, a secretary and members, whose number is determined by the constitution of the republic. The competence of the presidium of the people's assembly of the republic is determined by the constitution of the republic.

Section 95. The people's assembly of the republic appoints the government of the republic and relieves it of its functions.

Article X: ORGANS OF STATE ADMINISTRATION OF THE PEOPLE'S REPUBLICS

Section 96. The highest executive and administrative organ of state authority of a people's republic is the government of the people's republic. The government of a people's republic is responsible to the people's assembly of the republic, to which it gives account for its work. In the interval between two sessions of the people's assembly, the government of the republic is responsible and accountable for its work to the presidium of the people's assembly of the republic.

Section 97. The government of a republic acts on the basis of the Constitution of the F.P.R.Y., the constitution of the republic, the Federal laws, the laws of the republic, and the regulations, instructions and orders of the Federal Government. The government of a republic issues regulations for the application of the Federal laws, the laws of the republic, the regulations, instructions and orders of the Federal Government; it issues regulations on the basis of legal authorization and also instructions and orders for the application of Federal laws and the laws of the republic and controls their application.

Section 98. The ministers of a republic have the right to issue rules, orders and instructions on the basis of and for the execution of the Federal laws, the laws of the republic, and the regulations, instructions and orders of the Federal Government and the government of the republic. The ministers of the republic supervise the proper execution of the Federal laws, the laws of the republic and the regulations, instructions and orders of the Federal Government and the government of the republic.

Section 99. The ministries of a republic are Federal-republican or republican.

Section 100. Federal-republican ministries in a people's republic direct specified branches of state administration and, in addition to matters within their own competence, deal with matters in the competence of the Federal-republican ministries of the Federal Government, on the basis of their rules, instructions, orders and decisions.

Section 101. The republican ministries direct independently certain specified branches of state administration which come within the competence of the people's republic concerned.

Section 102. The ministries of a republic are determined by the constitution of the republic in conformity with the Constitution of the F.P.R.Y. The presidium of the people's assembly of a republic may change, unite or abolish the existing ministries in conformity with the Constitution of the F.P.R.Y., the constitution of the republic, the Federal laws and the decisions of the Presidium of the People's Assembly of the F.P.R.Y.

Article XI: ORGANS OF STATE AUTHORITY OF AUTONOMOUS PROVINCES AND AUTONOMOUS REGIONS

Section 103. The rights and the scope of the autonomy of autonomous provinces and autonomous regions are determined by the constitution of the republic.

Section 104. The statute of an autonomous province or of an autonomous region is drawn up in conformity with the constitution of the F.P.R.Y. and the constitution of the republic by the highest organ of state authority of the autonomous province or autonomous region, and is confirmed by the people's assembly of the republic.

Section 105. The highest organ of state authority of an autonomous province is the people's assembly of the autonomous province, which is elected by the citizens of the autonomous province for a period of three years and meets in accordance with the provisions of the constitution of the republic. The people's assembly of an autonomous province elects the principal executive committee of the autonomous province as its executive and administrative organ.

Section 106. The highest organ of state authority of an autonomous region is the regional people's committee, which is elected by the citizens of the autonomous region for a period of three years and holds its assemblies in accordance with the provisions of the constitution of the republic. The regional people's committee elects the regional executive committee as its executive and administrative organ.

Article XII: ORGANS OF STATE AUTHORITY OF ADMINISTRATIVE-TERRITORIAL UNITS

Section 107. The people's committees are the organs of state authority in localities (villages, small towns), districts, town-wards, towns, departments and regions. The people's committees of localities are elected by the citizens for a term of two years and the people's committees of districts, town-wards, towns, departments and regions are elected by the citizens for a term of three years. The people's committees of districts, town-wards, towns, departments and regions hold their regular assemblies within terms prescribed by the constitution of the people's republic.

Section 108. The people's committees direct the work of subordinate organs of administration and economic and cultural development in their sphere of action; they ensure the maintenance of public order, the execution of the laws and the protection of the rights of citizens; they draw up their own budgets. The people's committees issue, within the framework of their competence, general rules (decisions) on the basis of the Federal Constitution, the constitution of the republic, the Federal laws, the laws of the republic and the general rules of higher organs of state authority.

Section 109. It is the duty of the people's committees, in the execution of their general and local duties, to rely on the initiative and wide participation of the masses of the people and the workers' organizations.

Section 110. The executive and administrative organs of the people's committees, except in smaller villages, are the executive committees. An executive committee consists of a president, vice president, secretary and members. Executive committees are elected by the people's committees from among their members.

Section 111. The executive organ of the people's committee of a smaller village consists of a chairman and a secretary.

Section 112. The local people's committee convenes, within the time limits set by law, a local meeting of the electors to whom they are accountable for their work. The rights and duties of the local meeting of electors are determined by law.

Section 113. The executive and administrative organs of the people's committees are subordinate both to their own people's committees and also to executive and administrative organs of state authority of higher rank.

Section 114. A people's committee may have, under the control of its executive committee, departments or sections to deal with individual branches of administration. The departments and sections are subordinate in their work to the executive committee and at the same time to the corresponding department of the higher people's committee and to the competent ministry of the republic.

Article XIII: THE PEOPLE'S COURTS

Section 115. The organs of justice in the Federative People's Republic of Yugoslavia are the Supreme Court of the F.P.R.Y., the supreme courts of the republics and autonomous provinces, the departmental and district courts. The organization and competence of military tribunals are regulated by Federal law. Special courts for specified categories of disputes may be set up by law.

Section 116. The law courts are independent in their dispensing of justice and mete out justice according to the law. The courts are separate from the administration in all instances. Higher courts have, within the limits of the law, the right of supervision over lower courts.

Section 117. The law courts dispense justice in the name of the people.

Section 118. Proceedings in the law courts are as a rule public. The resolutions of a court may only be altered by a competent higher court. The accused is guaranteed the right of defense before a court.

Section 119. All courts as a rule judge in council. The councils of district and departmental courts, when judging in the first instance, consist of judges and judges-jurors, who have equal rights in the court's proceedings.

Section 120. Judicial proceedings in the courts are conducted in the languages of the republics, autonomous provinces and autonomous regions where the courts are located. Citizens not speaking the language in which the proceedings are conducted may use their own language. Such citizens are guaranteed the right to acquaint themselves with all the legal material and to follow the proceedings of the court through an interpreter.

Section 121. Judges of the Supreme Court of the F.P.R.Y. are elected and released from their functions by the People's Assembly of the F.P.R.Y. at a joint meeting of both houses. Judges of the supreme court of a republic or autonomous province are elected and released from their functions by the people's assembly of the republic or by the people's assembly of the autonomous province. Judges and judges-jurors of a departmental court in a department or town are elected and released from their functions by the people's committee of the department or town. Judges and judges-jurors of a district court in a district or town are elected and released from their functions by the people's committee of the district or town.

Section 122. The Supreme Court of the F.P.R.Y. is the highest organ of justice of the Federative People's Republic of Yugoslavia. It is determined by Federal law in what cases the Supreme Court of the F.P.R.Y. shall judge in the first and in what cases in the second instance.

Section 123. The Supreme Court of the F.P.R.Y. decides on the legality of the judgments of all courts in the Federative People's Republic of Yugoslavia from the point of view of the application of Federal laws. The supreme courts of republics and autonomous provinces ascertain the legality of the judgments of all courts of the republic or autonomous province.

Article XIV: PUBLIC PROSECUTION

Section 124. The public prosecution is the organ of the People's Assembly of the F.P.R.Y. for supervising the proper application of the law by all ministries and other administrative organs and institutions subordinate to them in the Federative People's Republic of Yugoslavia and in the people's republics, by public officials and by all citizens.

Section 125. The Public Prosecutor of the F.P.R.Y. and his deputies are elected and released from their functions by the People's Assembly of the F.P.R.Y. at a joint meeting of both houses. The public prosecutors of the people's republics and their deputies are appointed and released from their functions by the Public Prosecutor of the F.P.R.Y. The public prosecutors of autonomous provinces, autonomous regions, regions, departments and districts are appointed and released from their functions by the public prosecutor of the republic subject to the confirmation of the Public Prosecutor of the F.P.R.Y.

Section 126. Public prosecutors are independent in their work and are subordinate only to the Public Prosecutor of the F.P.R.Y.

Section 127. Public prosecutors have the right to enter appeals and suits, the right of legal intervention in the course of judicial and administrative proceedings, the right to institute criminal proceedings and the right to file a demand for the defense of legality against valid resolutions of law courts and administrative organs.

Section 128. The military prosecutor of the Yugoslav Army and other military prosecutors are appointed by the Commander-in-Chief of the Yugoslav Army. The organization and competence of the military prosecution will be determined by Federal law.

Article XV: RELATIONS BETWEEN THE ORGANS OF STATE AUTHORITY AND THE ORGANS OF STATE ADMINISTRATION

Section 129. The Presidium of the People's Assembly of the F.P.R.Y. has the right to annul or abolish the regulations, instructions, orders and decisions of the Federal Government if they are not in conformity with the Constitution and Federal laws. The Federal Government has the right to annul or abolish the rules, orders, instructions and decisions of members of the Federal Government, if they are not in conformity with the Constitution, the Federal laws and the regulations, instructions, orders and decisions of the Federal Government.

Section 130. The presidium of the people's assembly of a republic has the right to annul or abolish the regulations, instructions, orders and decisions of the government of the republic if they are not in conformity with the Constitution of the F.P.R.Y., the constitution of the republic, the Federal laws and the laws of the republic. The government of the republic has the right to annul or abolish the rules, orders, instructions and decisions of the ministers of the republic if they are not in conformity with the Federal Constitution, the constitution of the republic, Federal laws, the laws of the republic and the regulations, instructions, orders and decisions of the government of the republic.

Section 131. In matters within Federal competence, the Federal Government has the right to suspend the acts of the government of a republic and abolish the acts of the ministers of a republic, if they are not in conformity with the Federal Constitution, the constitution of the republic, the Federal laws, the laws of the republic, the regulations, instructions and orders of the Federal Government, or the rules, orders and instructions of a member of the Federal Government. Under the same conditions the members of the Federal Government have the right to suspend the acts of the ministers of the republic.

Section 132. The presidium of the people's assembly of a republic or the people's assembly of an autonomous province and the people's committees of higher rank have the right to annul or abolish illegal and irregular acts of people's committees of lower rank. The government of a republic, its individual ministers and the principal executive committee of an autonomous province have the right within the limits of their competence to annul or abolish the illegal or irregular acts of executive committees. The executive committees of people's committees of higher rank have the same rights toward executive committees of lower rank. A people's committee has the right to annul or abolish illegal and irregular acts of its executive committee. The executive committee of a people's committee of higher rank or the principal executive committee of an autonomous province and the government of a republic have the right to suspend the execution of illegal and irregular acts of a people's committee of lower rank and to propose to its own people's committee or to the people's assembly of the autonomous province or to the presidium of the people's assembly of the republic respectively to annul or abolish them.

Section 133. A people's committee of higher rank, the people's assembly of an autonomous province or the presidium of the people's assembly of a republic has the right to dissolve any people's committee of lower rank and to order elections for a new people's committee to be held. A people's committee of higher rank, the people's assembly of an autonomous province or the presidium of the people's assembly of a republic has the right to release from its functions the executive committee of any people's committee of lower rank and to order elections for a new executive committee to be held.

Article XVI: THE YUGOSLAV ARMY

Section 134. The Yugoslav Army is the armed force of the Federative People's Republic of Yugoslavia. Its duty is to safeguard and defend the independence of the state and the freedom of the people. It is the guardian of the inviolability of the state frontiers and serves the maintenance of peace and security.

Section 135. The Commander-in-Chief of the Yugoslav Army is appointed by the People's Assembly of the F.P.R.Y. at a joint meeting of both houses. The Commander-in-Chief directs the entire military and armed forces of the Federative People's Republic of Yugoslavia.

PART THREE - TRANSITIONAL AND CONCLUDING PROVISIONS

Section 136. On the day when this Constitution comes into force all laws and other legal dispositions contrary to the Constitution are abolished. Resolutions, laws and regulations confirmed by the decision of the Constituent Assembly of December 1, 1945, remain in force until a final resolution with regard to them is made. The legislative committees of both houses of the People's Assembly of the F.P.R.Y. are authorized, within a period of six months from the day when the Constitution comes into force, to examine all resolutions, laws and regulations confirmed by the decision of the Constituent Assembly of December 1, 1945, to bring them into conformity with the Constitution and to issue laws deciding which of those resolutions, laws and regulations shall remain in force without modification or to issue laws for the modification and amplification of those resolutions, laws, and regulations. These laws, issued by the legislative committees of both houses of the People's Assembly of the F.P.R.Y., are promulgated by a decree of the Presidium of the People's Assembly of the F.P.R.Y. and are submitted for confirmation to the People's Assembly of the F.P.R.Y. at its first subsequent session. The proposals of resolutions, laws and regulations shall, in order to be brought into conformity with the Constitution, be transmitted by the President of the Government of the F.P.R.Y. to the legislative committees.

Section 137. All persons under the age of eighteen, who have been entered in the lists of electors for the Constituent Assembly, shall retain the electoral right thus acquired.

Section 138. Existing ministries which are not provided for by the Constitution in the composition of the Government of the F.P.R.Y. may remain in the composition of the Government until a resolution with regard to them is passed in accordance with paragraph 15, Section 74 of the Constitution.

Section 139. The Constitution comes into force by promulgation at a joint meeting of both houses of the Constituent Assembly.