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Constitution of the Republic of Serbia
I CONSTITUTION PRINCIPLES
Republic of Serbia
Article 1
Republic of Serbia is a state of Serbian people
and all citizens who live in it, based on the rule of law and social
justice, principles of civil democracy, human and minority rights
and freedoms, and commitment to European principles and values.
Sovereignty holders
Article 2
Sovereignty is vested in citizens who exercise
it through referendums, people's initiative and freely elected representatives.
No state body, political organization, group or individual may usurp
the sovereignty from the citizens, nor establish government against
freely expressed will of the citizens.
Rule of law
Article 3
Rule of law is a fundamental prerequisite for the
Constitution which is based on inalienable human rights.
The rule of law shall be exercised through free and direct elections,
constitutional guarantees of human and minority rights, separation
of power, independent judiciary and observance of Constitution and
Law by the authorities.
Division of power
Article 4
The legal system is unique.
Government system shall be based on the division of power into legislative,
executive and judiciary.
Relation between three branches of power shall be based on balance
and mutual control.
Judiciary power shall be independent.
Political parties
Article 5
The role of political parties in democratic shaping
of the political will of the citizens shall be guaranteed and recognized.
Political parties may be established freely.
Activities of political parties aiming at forced overthrow of constitutional
system, violation of guaranteed human or minority rights, inciting
racial, national or religious hatred, shall be prohibited.
Political parties may not exercise power directly or submit it to
their control.
Prohibition of the conflict of interests
Article 6
No person may perform a state or public function
in conflict with their other functions, occupation or private interests.
The presence of conflict of interest and liability for its resolution
shall be regulated by the Constitution and Law.
Coat of arms, flag and national anthem
Article 7
The Republic of Serbia shall have coat of arms,
flag and national anthem.
The coat of arms of the Republic of Serbia shall be used in the
form of the Large Coat of Arms and Small Coat of Arms.
The flag of the Republic of Serbia shall exist and be used as the
National Flag and State Flag.
National anthem of the Republic of Serbia shall be official song
"Bože pravde".
Appearance and use of the coat of arms, flag and national anthem
shall be regulated by law.
Territory and border
Article 8
The territory of the Republic of Serbia is inseparable
and indivisible.
The border of the Republic of Serbia is inviolable and may be altered
in a procedure applied to amend the Constitution.
Capital City
Article 9
The capital city of the Republic of Serbia is
Belgrade.
Language and script
Article 10
Serbian language and Cyrillic script shall be
in official use in the Republic of Serbia.
Official use of other languages and scripts shall be regulated by
the law based on the Constitution.
Secularity of the State
Article 11
The Republic of Serbia is a secular state.
Churches and religious communities shall be separated from the state.
No religion may be established as state or mandatory religion.
Provincial autonomy and local self-government
Article 12
State power is restricted by the right of citizens
to provincial autonomy and local self-government.
The right of citizens to provincial autonomy and local self-government
shall be subjected only to supervision of constitutionality and
legality.
Protection of citizens and Serbs abroad
Article 13
The Republic of Serbia shall protect the rights
and interests of its citizens in abroad.
The Republic of Serbia shall develop and promote relations of Serbs
living abroad with the kin state.
Protection of national minorities
Article 14
The Republic of Serbia shall protect the rights
of national minorities.
The State shall guarantee special protection to national minorities
for the purpose of exercising full equality and preserving their
identity.
Gender equality
Article 15
The State shall guarantee the equality of women
and men and develop equal opportunities policy.
International relations
Article 16
The foreign policy of the Republic of Serbia shall
be based on generally accepted principles and rules of international
law.
Generally accepted rules of international law and ratified international
treaties shall be an integral part of the legal system in the Republic
of Serbia and applied directly.
Ratified international treaties must be in accordance with the Constitution.
Status of foreign nationals
Article 17
Pursuant to international treaties, foreign nationals
in the Republic of Serbia shall have all rights guaranteed by the
Constitution and law with the exception of rights to which only
the citizens of the Republic of Serbia are entitled under the Constitution
and law.
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