The Constitution of the Kingdom of Yugoslavia
Belgrade, September 3, 1931
We, Alexander I, by the Grace of God and the will of the people King of
Yugoslavia, do hereby decree and promulgate the constitution of the Kingdom
of Yugoslavia, which reads as follows:
Chapter I. General Provisions
Art. 1. The kingdom of Yugoslavia is a hereditary and constitutional
monarchy.
Art. 2. The arms of the Kingdom are a two-headed white eagle with outspread
wings on a red shield. On the two heads of the double-headed eagle is the
Crown of the Kingdom. On the breast of the eagle is a shield bearing: a
white cross on a red shield with a flint and steel in each corner, a shield
divided into 25 fields, alternately silver and red, and below it a blue
shield with 3 gold six-pointed stars and a white crescent.
The national standard is blue-white-red in the horizontal sense against
an vertical staff.
Art. 3. The official language of the Kingdom is Serb-Croat-Slovene.
Chapter II. Elementary Rights and Duties of Citizens
Art. 4. There is but one single nationality in the whole Kingdom. All
citizens are equal before the law. All enjoy equal protection from the
authorities.
Nobility, titles or other hereditary privileges are not recognized.
Art. 5. Personal liberty is guaranteed.
Nobody may be subject to interrogation, placed under arrest or deprived
of liberty by anyone, except in cases prescribed by law.
Illegal deprivation of liberty is punishable.
Art. 6. No one may be tried by a court which is not competent.
Art. 7. No one may be sentenced without having been previously interrogated
by the competent authority or without being legally invited to defend himself.
Art. 8. No punishment may be laid down except by law; it may be applied
solely to acts previously deemed by law to be so punishable.
Art. 9. No citizen may be banished from the State. He may not be deported
from one place in the country to another, nor may lie be obliged to remain
at a certain place except in the cases expressly contemplated by law.
No one may be expelled from his place of origin without a judicial
decision.
Art. 10. The abode is inviolable.
Authorities may not search or examine the dwelling of a citizen except
in the cases contemplated and the forms prescribed by law.
The illegal violation of a dwelling house is punishable.
Art. 11. Freedom of religion and conscience is guaranteed. Recognized
religious denominations have equal rights before the law and may publicly
practice their worship.
The enjoyment of civil and political rights is independent of the exercise
of religion. No one call claim exemption from civil and military obligations
and duties by reason of the prescriptions of his religion.
Religions may be recognized only by law. Those permitted and recognized
shall settle independently their domestic affairs and manage their endowments
and funds within the limits of the law.
No one is obliged to practice his religion publicly. No one is obliged
to participate in religious acts, festivities, rites and ceremonies, exception
being made for State holidays and festivities and, in the cases governed
by law, for persons subject to parental, guardians’ and military authority.
Religious denominations permitted and recognized may maintain relations
with their supreme religious leader, even beyond the State frontiers, to
the extent required by the spiritual prescriptions of the various sects.
The manner of maintaining such relations shall be regulated by law.
So far as provision is made by the State budget for religions denominations,
the sums must be divided among the different, confessions which are permitted
and recognised in a manner proportionate to the numerical following and
to the actual proved needs of each.
Religions representatives mush not make use of their spiritual authority
for party purposes, either in places of worship, or by publications of
a religions character, or otherwise in the exercise of their official functions.
Similarly no one shall be permitted to engage in any political propaganda
in places of worship or during religious services or meetings in general.
Art. 12. Everyone is free, within the limits of the law, to express
his opinion orally, in writing, by pictures, or in any other appropriate
manner.
Art. 13. Citizens have the right to form associations, and to hold meetings
and consult together, within the limits of the law. Associations for political
party purposes or for purposes of physical culture may not be formed on
a denominational, racial or religious basis.
No one may attend meetings armed.
Art. 14. Citizens have the right of petition. Petitions may be signed
by one or more persons and also by any legal entity. They may be addressed
to all authorities without distinction.
Art. 15. Science and arts are free.
Art. 16. In addition to State public schools, private schools may also
be allowed within the limits of the law.
Elementary education is compulsory. In the State primary schools it
is free.
All schools must impart a moral education and develop the civic conscience
in the spirit of national unity and religions tolerance.
All educational institutions are placed under State control.
Art. 17. The secrecy of letters and telegraphic and telephonic communications
is inviolable, except in cases of criminal investigation, mobilization
and war.
All persons who violate the secrecy of letters, or telegraphic or telephonic
communications, shall be punished in accordance with the law.
Art. 18. Every national who has been the victim of an offence committed
by an official of the State or the autonomous administrative bodies in
the exercise of his functions, has the right to bring an action before
a court of law, directly and without authorization.
Special provisions are applicable to Ministers, judges and soldiers
with the colours.
The officials of the State or autonomous administrative body in question,
as well as the State and the said body, are responsible before the regular
courts for damages caused to citizens through the irregular exercise of
their functions.
Art. 19. All offices in all branches of the civil service are open on
equal terms to all citizens.
Art. 20. Every national enjoys the protection of the State in foreign
countries. He is free to relinquish his nationality after fulfilling all
his obligations toward the State.
The extradition of nationals is not permitted.
Chapter III. Social and Economic Provisions
Art. 21. Marriage, the family and children are under the protection
of the State.
Art. 22. Property is guaranteed.
The form and the limits of property rights are defined by law.
The expropriation of private property in the public interest is permitted,
in virtue of the law and on payment of just compensation.
Art. 23. The freedom of labour and the liberty of contract in economic
relations are recognized.
The State has, in the interests of the community and in accordance
with the law, the right and the duty to intervene in the economic relations
of nationals, in a spirit of justice and in order to prevent social conflicts.
Art. 24. As an advisory body in social and economic matters an Economic
Council is established, which shall, at the request of the Government or
of Parliament, give its expert opinion.
The Economic Council is composed of representatives of the economic
professions and of experts in economic and social matters.
The composition and procedure of the Economic Council shall be laid
down by a special law.
Chapter IV. The Powers of the State
Art. 25. The powers of the State are exercised in accordance with the
provisions of this constitution.
Art. 26. Legislative power is exercised conjointly by the King and Parliament.
Parliament consists of the Senate and the Chamber of Deputies.
Art. 27. Executive power is vested in the King, who exercises it through
responsible Ministers, in
accordance with the provisions of this constitution.
Art. 28. Judicial power is exercised by the courts. Their sentences
and judgments are pronounced and executed in the name of the King and in
accordance with the law.
Chapter V. The King
Art. 29. The King is the guardian of national unity and State integrity.
He is the protector of their interests at all times.
The King sanctions and promulgates the laws, appoints civil servants,
and confers military rank, in accordance with the provisions of the law.
The King is the supreme commander of all the military forces. He confers
decorations and other distinctions.
Art. 30. The King has the right of amnesty. Amnesty annuls the legal
consequences of a punishable act, but it cannot prejudice the rights of
individuals to compensation for damages. An amnesty may be granted at the
opening of criminal proceedings, in the course of these proceedings or
after the final sentence. Amnesty is general or individual.
The King has the right of pardon. He may remit altogether, reduce or
commute a penalty.
The right of pardon in respect of acts punishable on individual complaint
shall be governed by the Code of Criminal Procedure.
Art. 31. The King represents the State in all. relations with foreign
States. He declares war and concludes peace. If the country is not attacked,
or is not the object, of a declaration of war on the part of any other
State, the previous consent of Parliament is necessary before war can be
declared.
If war be declared on the country, or if it be attacked, Parliament
must be convoked at once.
Art. 32. The King convokes Parliament in ordinary or extraordinary session.
The King in person opens and closes sessions by a speech from the Throne,
or through the Council of Ministers by means of a message or decree.
When the King opens or closes sessions by a speech from the Throne,
the Senate and the Chamber of Deputies sit together.
The speech from the Throne, message or decree is countersigned by all
the Ministers.
The King may at any time, according to the needs of the State, convoke
Parliament when it is adjourned.
The King has the right to dissolve the Chamber and to order fresh elections.
The decree relating to the dissolution and that concerning the fresh elections
shall be countersigned by all the Ministers.
Art. 33. The King may not be at the same be the head of any other State
without the consent of Parliament.
Art. 34. Every written act of the Royal power shall be countersigned
by the competent Minister or by the Council of Ministers.
The minister who countersigned, or the Council of Ministers, is responsible
for any act of Royal authority.
The Minister for War and Marine is responsible for all acts of the
King as supreme military commander.
Art. 35. The King and the Heir to the Throne attain majority at the
age of 18.
The King’s person is inviolable. The King cannot be held responsible
for anything whatever, nor can he be sued. This does not apply to the King's
private property.
Art. 36. King Alexander 1, of the Karageorge dynasty, (2) reigns over
the Kingdom of Yugoslavia. King Alexander shall be succeeded by his male
descendants in the order of primogeniture.
Art. 37. If the King has no male descendants, he shall designate his
heir from the collateral line. If the King has not prior to his death designated
his heir, Parliament shall in joint session elect a King from the same
dynasty.
Art. 38. The Royal house consists of: The Queen Consort; the King's
living ascendants and descendants in a direct line, with their wives and
descendants; the younger brothers of the King and their descendants, with
their wives; the sisters of the reigning King and all female descendants
until they marry; Prince Ars?ne, uncle of King Alexander; Prince Paul,
with his wife and descendants, including the female descendants until their
marriage. (3)
The relations and rank of members of the Royal house are regulated
by a statute drawn up by the King.
Art. 39. When the King ascends the Throne, he takes an oath before Parliament
as follows:
«I (name), on ascending the Throne of the Kingdom of Yugoslavia
and assuming the Royal power, do swear by Almighty God that I will preserve
above all the unity of the nation, the independence of the State and the
integrity of the national territory; that I will govern according to the
constitution and the laws, and that I will be guided in all my aspirations
by the welfare of the people. So help me God! Amen.»
Art. 40. The King permanently resides in the country. If it is necessary
for him to leave the country for a short time, the Heir to the Throne acts
for him by right. If the Heir to the Throne is a minor or if he is prevented,
the Council of Ministers act on behalf of the King. This replacement is
effected in accordance with the terms of the instructions issued by the
King. This applies also in the event of an illness of the King which does
not entail permanent incapacity.
During the absence of the King or of the Heir to the throne, the Council
of Ministers has no right to dissolve the Chamber.
The King's replacement by the Council of Ministers may not last longer
than 6 months. After the expiration of this period, the provisions of the
constitution regarding regency come into operation.
Art. 41. The Royal authority is exercised by a Regency when the King
1. is a minor;
2. is by reason of mental or physical illness permanently incapable
of exercising the royal power.
If the King is permanently incapable of exercising the Royal power,
Parliament decides in joint session the time of the establishment and of
the termination of the Regency.
When the Council of Ministers establishes the incapacity of the King,
it communicates the fact to Parliament, together with the opinion of three
doctors taken from the Faculties of Medicine of the country. The same procedure
shall be followed when the Heir to the Throne is concerned.
Art. 42. The exercise of the Regency appertains by right to the Heir
to the Throne if he has attained his majority.
If the Heir to the Throne, for one of the reasons enumerated in article
41, cannot exercise the power of Regent, this shall be exercised by three
persons appointed by special act or by the will of the King. At the same
time the King shall appoint a substitute for each of the three Regents.
If the post of a Regent and that of his substitute become vacant, Parliament
elects by secret vote, in joint session, a new Regent from, the two remaining
substitutes. If only one of them is alive, he succeeds to the vacant post
of Regent without a vote being taken.
In case the King has not appointed any Regents either by act or by
will, or if it is impossible to establish a Regency of at least two Regents,
on account of the illness or death of the Regents and their substitutes,
Parliament elects by secret vote, in joint session, the necessary number
of Regents. The Regents must be nationals of the Kingdom of Yugoslavia.
Before assuming the Royal power, the Regents shall take oath before
Parliament that they will be loyal to the King and will govern in accordance
with the constitution and the laws of the country.
Art. 43. If one of the three Regents is, temporarily absent or prevented,
the other two may deal with the business of State without him.
Art. 44. The Regents will supervise the education of the minor King.
The guardians appointed under the King's will shall manage the property
of the minor King. If the deceased King has not appointed any guardians,
the Regents shall make provision for such in agreement with the presidents
of the Council of State, the Court of Cassation, and the Supreme Audit
Department.
Art. 45. Until the Regents take office the Council of Ministers shall
provisionally exercise the Royal power, on their own responsibility.
Art. 46. In case of the death or abdication of the King, the Heir to
the Throne, if he has attained his majority, receives the Royal power at
once, announces it to the people by proclamation, and takes the prescribed
oath before Parliament.
Art. 47. If the deceased King leaves no male descendants, and the Queen,
at the time of the King’s death, is pregnant, and if the King has not appointed
Regents, by special act or by will, Parliament shall elect temporary Regents
who will exercise the Royal power until the confinement takes place. The
Government must submit to Parliament, prior to the election of the Regents,
the opinion of three physicians taken from the Faculties of Medicine of
the country regarding the pregnancy of the Queen. The same action shall
be taken when the Heir to the Throne dies leaving his wife in a condition
of pregnancy at the time of the King's death.
Art. 48. In the event of the Throne remaining without in Heir under
the provisions of the present constitution, the Council of Ministers shall
assume the Royal power and at once convoke Parliament in special session,
at which a decision shall be made regarding the Throne.
Art. 49. The civil list is fixed by law. Once fixed, it cannot be increased
without the consent of Parliament, or decreased without the consent of
the King.
The Regents shall, during the exercise of their functions, receive
from the national Treasury an amount fixed by Parliament on the proposal
of the Council of Ministers.
Chapter VII. Parliament
The Senate
Art. 50. The Senate is composed of senators appointed by the King and
elected senators. Senators may not be less than 40 years old.
Regulations regarding the number of senators elected and their election
will be prescribed by law.
The King may nominate the same number of senators as those who are
elected.
No one may exercise at the same time the mandate of senator and that
of deputy.
Art. 51. The mandate of elected senators lasts for 6 years. Every 3
years the Senate is received by fresh elections of one-half the number
of the elected members.
Art. 52. The mandate of senators appointed by the King is for a period
of 6 years. They may be removed from their duties on the proposal of the
President of the Council of Ministers in the case of physical incapacity
or if sentenced by the courts for an infraction of the Criminal Code.
Civil servants on active service who are appointed senators may not
retain their positions as civil servants.
Art. 53. The Senate meets at the same time as the Chamber of Deputies
and adjourns at the same time.
The Senate itself examines and decides upon the validity of the mandates
of elected senators.
The Chamber of Deputies
Art. 54. The Chamber of Deputies is composed of members freely elected
by the people on the basis of universal, equal and direct suffrage.
The Chamber of Deputies is elected for 4 years. The mandate of a deputy
can expire prior to the expiration of this term in cases prescribed by
the electoral law.
Regulations regarding the number and election of deputies will be laid
down by law.
Art. 55. Every national by birth or naturalisation has the right to
vote if he has attained 21 years of age.
Officers on the active list, and also non-commissioned officers and
soldiers with the colours, may neither exercise the right to vote nor be
elected.
The question of woman suffrage shall be decided by law.
Art. 56. The right to vote is temporarily lost by
1. persons condemned to hard labour or imprisonment for more than 1
year, until such time as their rights are restored to them;
2. those condemned to loss of civil rights, during the period of their
sentence;
3. individuals who are declared bankrupt;
4. those under the care of guardians;
5. those who have been deprived by judgment of the right to vote on
account of infractions of the electoral law.
Art. 57. Only such persons may be elected senator or deputy as enjoy
the right to vote, whether or not they are entered on the lists of voters.
The following conditions are required of every senator or deputy:
1. to be a national of the Kingdom of Yugoslavia by birth or naturalisation.
Naturalised subjects must have been domiciled for at least 10 years in
the Kingdom, counting from the date of naturalisation;
2. to be respectively 40 or 30 years of age; and
3. to speak and write the national language.
Loss of the right to vote entails also the forfeiture of the mandate
of senator or deputy.
Senators and deputies may not be at the same time suppliers or contractors
to the State.
Art. 58. Civil servants on the active list may not submit their names
as candidates for the mandate of senator or deputy.
Police, revenue and forest officials, as well as those dealing with
agrarian reform, may not submit their names as candidates unless they have
resigned their duties 1 year before the date of the decree fixing the elections.
Ministers on the active list and those «en disponibilit?»
may be candidates.
Art. 59. Every senator and deputy represents the entire nation.
All members of Parliament shall take an oath of fidelity to the King,
engaging above all to preserve the unity of the people the independence
of the State and the integrity of the national territory, and to Safeguard
the constitution and be inspired solely by the public welfare.
Art. 60. Parliament is convoked by Royal decree in Belgrade, the capital,
in ordinary session, on the 20th October of each year.
If, in the event of war, the capital is transferred elsewhere, Parliament
shall meet at the place specified in the Royal decree convoking it.
The ordinary session may not be closed until the State budget has been
voted.
Art. 61. The Chamber of Deputies itself examines and decides upon the
powers of its members.
Art. 62. The Chamber of Deputies elects its secretariat for each session
from among its members.
Art. 63. Bills are introduced, with the Royal consent, by the various
Ministers.
The right to introduce bills is vested in every Member of Parliament
whose motion has the support in writing of at least one-fifth of the members
of the Senate or Chamber of Deputies.
Art. 64. A bill passed by the Chamber of Deputies is forwarded to the
Senate for debate and vice vers?. If the bill is passed without modification
by both the Chamber of Deputies and the Senate it is considered as passed
by Parliament. If any modifications or amendments are made by the Senate
or, as the case may be, by the Chamber of Deputies, the bill is returned
to the Chamber of Deputies or the Senate for consideration. If these modifications
or amendments are accepted by the Chamber of Deputies or the Senate, the
bill is considered as passed by Parliament. If the Senate and the Chamber
of Deputies cannot agree on a bill, either as a whole or as to particular
details, the bill is considered as rejected and is removed from the agenda
of the session. If this occurs again in the course of the following session,
the King shall decide regarding the bill in question.
Art. 65. The King concludes treaties with foreign States, but for the
ratification of these treaties the previous approval of Parliament is required.
The approval of Parliament is not required for the ratification of purely
political conventions.
The approval of Parliament is necessary for a convention authorizing
a foreign army to occupy or traverse the territory of the Kingdom. Parliament
may, when it is to the interest of the State, authorize in advance the
Council of Ministers to decree measures for the immediate application of
the proposed convention.
State territory may not be alienated or exchanged without the consent
of Parliament.
Art. 66. The King promulgates laws by decree containing the text of
the laws passed by Parliament. The decree in question is countersigned
by all the Ministers. The Minister for Justice affixes the Seal of State
and sees to the publication of laws in the Sluzhbene Novine.
The law acquires binding force 15 days after its publication in the
Sluzhbene Novine, unless the law itself provides otherwise. The day of
publication in the Sluzhbene Novine is included.
Art. 67. Parliament has the right of enquiry and investigation in electoral
and purely administrative questions.
Art. 68. Every member of the Senate and of the Chamber of Deputies has
the right to address questions and interpellations to Ministers. Ministers
must reply thereto during the same session.
Art. 69. The Senate and Chamber of Deputies communicate directly only
with the Ministers.
Art. 70. Right, of speech in the Senate and the Chamber of Deputies
appertains only to the senators and deputies, to members of the Government,
and to commissioners of the Government designated for this purpose by Royal
decree.
Art. 71. The deliberations of the Senate and the Chamber of Deputies
are valid if one-third of all the senators or deputies is present.
A majority of the votes of the senators or deputies present is necessary
for valid decisions. If the votes are equally divided, the motion voted
on is considered accepted.
Art. 72. Before being finally accepted each bill shall be voted upon
twice during the same session.
Art. 73. Deliberations of the Senate and the Chamber of Deputies in
joint session take place only in the cases expressly specified.
Joint sessions are presided over by the presidents of the Senate and
of the Chamber of Deputies alternatively.
Art. 74. A senator or deputy cannot be held responsible by anyone for
a vote cash as member of Parliament.
For all statements or acts in the exercise of their mandates, whether
in sessions of the Senate or of the Chamber of Deputies, or in committees,
or in special missions, or in special delegations, constituted by order
of the Senate or the Chamber of Deputies, senators and deputies are only
responsible to the Senate or Chamber of Deputies in accordance with their
regulations. For such statements and acts as constitute an infraction of
the Criminal Code a senator or deputy shall be responsible to the ordinary
courts, if the Senate or Chamber of Deputies consent thereto. For insults,
calumny or crimes a senator or deputy shall be responsible to the ordinary
courts even without the previous consent of the Senate or of the Chamber
of Deputies.
Art. 75. Without the consent of the Senate or of the Chamber of Deputies
their members may not be called upon to answer for offences committed outside
the exercise of their mandates, or be deprived of their freedom during
the validity of their mandate, except when caught in flagrante delicto.
Nevertheless in the latter case, the Senate or Chamber of Deputies, if
in session, is immediately informed and consents or refuses to allow the
proceedings to continue during the session.
The immunity of senators or deputies begins on the day of their election
or nomination.
If a national becomes a deputy or senator before judgment is passed
on him for an offence, the authorities conducting the enquiry and examination
shall inform the Senate or the Chamber of Deputies, as the case may be,
which will agree or refuse to allow the proceedings to take their course.
A member of the Senate or of the Chamber of Deputies cannot be held
responsible except in respect of the act for which his immunity is forfeited.
Art. 76. The Senate and the Chamber of Deputies have the exclusive right
of maintaining order among their members through their presidents. No armed
force may be stationed in the buildings or in the court without the consent
of the president. Similarly no Government organ may effect any act of public
authority in the Senate or the Chamber of Deputies without the consent
of the president.
No armed person may enter the building of the Senate or the Chamber
of Deputies, with the exception of those in the service of the Senate or
Chamber of Deputies who are authorized by the regulations to carry arms.
Chapter VIII. The Executive Power
Art. 77. The King appoints and dismisses the President of the Council
of Ministers and the Ministers. The President of the Council of Ministers
and the Ministers form the Council of Ministers, which is directly under
the King's orders.
The Ministers are at the head of the different departments of State
administration.
There may also be Ministers without portfolios.
Ministers appoint subordinate civil servants in accordance with the
provisions of the law.
Before taking office Ministers shall take an oath that they will be
loyal to the King and will act in conformity with the constitution and
laws.
Art. 78. The King and the Chamber of Deputies may indict Ministers for
violation of the constitution and the laws of the country in the exercise
of their functions. The State is responsible to nationals for damages caused
to them by Ministers through the illegal exercise of their functions, while
Ministers are responsible to the State.
Art. 79. Ministers may be indicted both while in office and during the
5 years following their surrender of office.
Motions relating to the indictment of Ministers must be in writing
and must specify the points of indictment.
When an accusation is brought by the Chamber of Deputies against a
Minister the decision bringing him before the court requires a majority
of two-thirds of the members present.
Art. 80. More detailed rules regarding the responsibility of Ministers
are contained in a special law.
Art. 81. The Executive Power may issue regulations necessary for the
application of the laws.
Art. 82. Administration in the Kingdom is effected through Banovinas,
districts and communes.
Art. 83. The Kingdom of Yugoslavia compromises Banovinas, viz.:
1. The Drava Banovina, with headquarters at Ljubljana.
2. The Sava Banovina, with headquarters at Zagreb.
3. The Vrbas Banovina, with headquarters at Banja Luka.
4. The Coast Banovina, with headquarters at Split.
5. The Drina Banovina, with headquarters at Sarajevo.
6. The Zeta Banovina, with headquarters at Cetinje.
7. The Danube Banovina, with headquarters at Novi Sad.
8. The Morava Banovina, with headquarters at Nish [Nic].
9. The Vardar Banovina, with headquarters at Skoplje.
The Drava Banovina is bounded by a line passing from the point where
the northern boundary of the district of Cabar cuts the State frontier,
then following the State frontier with Italy, Austria and Hungary to a
point where the State frontier with Hungary reaches the river Mura (north-east
of Cakovac). From the river Mura, the boundary of the Banovina follows
the eastern and then the southern boundaries; of the districts of Lendava,
Ljutomer, Ptuj, Šmarje, Brezice, Krsko, Novo Mesto, Metljika, Crnomelj,
Kocevje and Logatec, including all the districts mentioned.
The Sava Banovina is bounded on the north, as far as the river Mura,
by the above-mentioned boundary of the Drava Banovina. Thereafter the boundary
of this Banovina follows the river Mura, then the State frontier with Hungary
to the point where this leaves the Drava; from this point the boundary
of the Banovina follows the course of the Drava, then that of the Danube,
as far as the northern boundary of the district of Ilok. From this point
the boundary of the Banovina leaves the Danube and goes towards the Sava,
following the eastern boundaries of the district, of Vukovar, Vinkovci
and Zupanja; taking in these districts. It then follows the course of the
river Sava to the mouth of the river Una, then the course of the river
Una as far as the north-eastern boundary of the district of Dvor (south-west
of Kostajnica). From this point to the Adriatic (Morlaques canal) the boundary
of the Banovina follows the southern boundaries of the districts of Kostajnica,
Petrinja, Glina and Virginmost, then the south-eastern boundary of the
district of Vojnic and the eastern boundaries of the districts of Slunj,
Korenica and Donji Lapac. The boundary then passes along the southern boundary
of the districts of Gracac and Gospic, which it includes. From the Adriatic
coast the boundary follows the gorge of Ljubaški and the canal of Nova
Poljana, passes between the islands of Maon and Planik, to rejoin, north
of the islands of Olib and Silva, the State frontier on the Adriatic.
The Vrbas Banovina is bounded, from the north-eastern boundary of the
district of Dvor (south-west of Kostajnica) by the river Una to the point
where it flows into the Sava; it then follows the course of the Sava, which
it leaves to follow the eastern boundaries of the districts of Derventa
and Gracanica, as far as the river Bosna at the village of Dolac. It then
continues along the south-western boundary of the district of Maglaj as
far as the intersection of the boundaries of the three districts of Tešanj,
Maglaj and Zepce. From this point the boundary of the Banovina follows
the northern boundary of the districts of Zepce, Zenica, and Travnik, to
mount Vlasic (Ljuta Greda hill 1740); thence it passes by hill 1446, following
the eastern slope of the Lesina (hill 1433), hill 1057, the Jelic (hill
1192), hill 1018, hill 1139, the Obrenovac, (hill 1167), and then across
the Radanja Planina, (hill 1366) and the Igrališta, (hill 1085), and up
to the Rakovec (hill 1217). From this point the boundary passes the villages
of Podripci and Sultanovic, and then passes between the villages of Gmici
and Guvno to the Osoj (hill 888); it continues along the ridge, following
the Suljaga (hill 1533), the Demirovac (hill 1724), and the Crni Vrh (hill
1403), to the Mali Vitorog (hill 1748). From the Mali Vitorog the frontier
follows the eastern and then the south-western boundary of the district
of Glamoc to the foot of hill 1156, on mount Staretina; from there the
boundary cuts the western part of the plain of Livno, to the Troglav (hill
1913) on the south-western boundary of the district of Livno, and follows
this line to the Veliki Bat (hill 1851). From this point the boundary continues
following the southern and western boundaries of the district of Bosanski
Pebrovac as far as the intersection of the boundaries of the three districts
of Donji Lapac, Knin and Bosanski Petrov. From this point to the north-eastern
boundary of the district of Dvor (south-west of Kostajnica) the boundary
coincides with the boundary already indicated of the Sava Banovina.
The Coast Banovina is bounded on the north by the southern boundaries
already drawn of the Sava and Vrbas Banovinas as far as the intersection
of the limits of the three districts of Jajce, Bugojno and Travnik (Rakovce,
hill 1217). From this point the boundary of the Banovina follows the eastern
border of the district of Bugojno, then the northern boundary of the district
of Konjic, to continue along the eastern boundary of the districts of Konjic
and Mostar up to the intersection of the boundaries of the districts of
Mostar, Stolac and Nevesinje. It then continues along the eastern boundary
of the district of Stolac, which it includes. On the Adriatic the boundary
of the Banovina passes through the Neretva and Pelješac channels to join
the maritime frontier of the State.
The Drina Banovina is bounded on the west, as far as the Sava, by the
boundaries above indicated of the Coast and Vrbas Banovinas, then on the
north by the river Sava to where it is joined by the Kolubara. From this
confluence and up to the eastern boundary of the Coast Banovina (eastern
boundary of the district of Konjic, hill 2058 on the Trskavica mountains)
the boundary of the Drina Banovina follows the eastern boundaries of the
districts of Posava (capital, Obrenovac), Tamnava, Kolubara (capital, Mionica)
and Pozega, including the district of Ljubic. It then follows the eastern
boundaries of the districts of Trnava and Dragacevo, then the southern
and western boundaries of the district of Moravica, continuing along the
southern boundaries of the districts of Arilja, Zlatibor, Višegrad, Cajnice,
Rogatica and Sarajevo.
The Zeta Banovina is bounded on the north by the southern boundaries
of the Coast and Drina Banovinas, already indicated, as far as the intersection
of the boundaries of the three districts of Dragacevo, Zica and Studenica.
From this point and as far as the national frontier with Albania, the boundary
of this Banovina follows the eastern boundaries of the districts of Studenica,
Dezevo, Mitrovica, Drenica and Drin, including all these districts. Then
the boundary coincides, up to the Adriatic Sea, with the Yugoslav-Albanian
State frontier.
The Danube Banovina is bounded on the south-west by the boundaries
already indicated of the Sava and Drina Banovinas, on the north and north-east
by the State frontiers with Hungary and Romania, up to the point where
the latter frontier meets the Danube. The boundary then follows the course
of the Danube up to the eastern boundary of the district of Ram and then
turns along the south-eastern boundary of the Pozarevac district. It then
follows the eastern boundaries of the districts of Morava, Lepenica, Kragujevac
and Gruza, as far as the Dulenski Crni Vrh (hill 919), turning towards
the Gledic mountains and thence over the Krecane (hill 760) and Brzak (hill
822) up to the boundary of the Drina Banovina on mount Kotlenik, near Crni
Vrh (hill 768).
The Morava Banovina is bounded on the north and the east by the State
frontiers with Romania and Bulgaria as for as the southern boundary of
the district of Luznica (at Descani Kladenac). From this point the boundary
of the Banovina follows the southern boundaries of the districts of Luznica,
Nish, Dobric, Prokuplje, Kosanica, Lab and Vucitrn, including all these
districts, and at the intersection of the boundaries of the three districts
of Vucitrn, Gracanica and Drenica it joins the above-indicated boundary
of the Zeta Banovina. The boundary then continues northwards, coinciding
with the boundaries of the Zeta, Drina and Danube Banovinas already indicated.
The Vardar Banovina is bounded on the north by the boundaries already
indicated of the Zeta and Morava Banovinas, and on the east, south and
west by the State frontiers with Bulgaria, Greece and Albania.
Disputes concerning the Banovina boundaries will be settled by the
Minister for the Interior.
Art. 84. The Banovinas are at the same time administrative and autonomous
units.
The division of the Banovinas into districts and communes will be laid
down in a special law.
The organisation of the municipal administrations and the delimitation
of their jurisdiction will form the object of a special law based on the
principle of autonomy.
Urban communes may by law be organised on another basis.
Art. 85. The city of Belgrade, together with Zemun and Pancevo, forms
a separate administrative territory, which shall also include the other
localities which may in future be detached from the Banovina of the Danube
to unite with the municipality of Belgrade, Zemun or Pancevo.
Art. 86. A Ban is at the head of each Banovina. The Ban represents the
supreme authority in the Banovina.
Bans are appointed by the King on the proposal of the President of
the Council of Ministers.
Art. 87. The Ban appoints, removes, pensions and dismisses administrative
officials within the limits defined by the law regarding the administration
of Banovinas.
Autonomous Authorities
Art. 88. As an autonomous administrative body, each Banovina has a Banovina
Council and a Banovina Committee.
Art. 89. The Banovina Council is elected for a period of 4 years by
Universal, equal and direct vote, according to the provisions of the law.
The Council elects from among its members the Banovina, Committee which
is the executive body of the Banovina in autonomous affairs.
The Ban appoints and dismisses Banovina officials on the proposal of
the Banovina Committee.
Art. 90. The Banovina Councils may organise the various branches of
Banovina administration and autonomous life by means of Banovina, decrees,
in accordance with the authority contained in the law regarding the organisation
of Banovinas and other laws.
Banovina decrees have the force of law in the respective Banovinas.
They may not be in conflict with provisions of the constitution or other
laws in force; if they do conflict with these provisions they may not be
applied.
Art. 91. Banovina Committees draft the Banovina decrees, upon which
the Banovina, Councils decide.
Banovina decrees are proclaimed and published by the Ban, who must
request beforehand the concurrence of the Council of State as regards the
legality of the decrees. These may not be promulgated if the Council of
State refuses its acquiescence.
The Council of State must give or refuse its consent within not more
than 1 month; if the Council fails to pronounce on the matter within that
period, its concurrence shall be considered as having been given.
Art. 92. The central State authorities shall see that the administrative
autonomous authorities perform their functions within the limits prescribed
and in a manner not prejudicial to any general interest of the State.
Art. 93. The Ban, or the State body designated by law for this purpose,
has the right to abrogate all decisions of the Banovina Council and the
Banovina. Committee, or of municipal convocations or councils which may
be contrary to the constitution or the laws or decrees in force. Appeals
against the Ban’s decisions may be lodged, within the period prescribed
by law, with the Council of State.
Decisions or pronouncements which are, generally prejudicial to the
interests of the State may also be abrogated. In such cases, appeals against
the decision must be submitted to the Minister for the Interior within
the period prescribed by law.
A Banovina Council may be dissolved by Royal decree before the expiration
of the 4 years’ term on the proposal of the Minister for the Interior,
and fresh elections for the respective Banovina may be ordered.
Art. 94. During its first session the Banovina Council shall come to
a decision each year regarding the budget for the next year, on the proposal
of the Banovina Committee.
Art. 95. Banovina budgets shall be approved by the Minister for Finance,
and the State Audit Department shall verify their execution by inspecting
the final accounts.
Art. 96. Communes are autonomous bodies. They may by special laws be
charged also with executive functions, which they shall discharge under
the supervision of the administrative bodies delegated for this purpose.
Art. 97. Provisions regarding the organisation and competence of autonomous
Banovina and municipal authorities shall be prescribed by law.
Art. 98. Administrative Courts are established for disputes of in administrative
nature. Their seats, jurisdiction and organisation are laid down by law.
Art. 99. The Council of State is the supreme administrative court.
The manner in which members of the Council of State are appointed,
as well as its composition, competence and procedure, are fixed by law.
Chapter IX. The Judicial Powers
Art. 100. Courts are independent. In administering justice they are
subject to no authority, but judge in accordance with law.
Courts and judicial jurisdiction may only be established by law.
The law prescribes the mode of selection and appointment of presidents
of courts and judges.
State Sheriat judges shall have jurisdiction in the family and inheritance
matters of Mussulmans.
Art. 101. Judges of all courts are permanent. A judge may not be relieved
of his functions or removed for any reason whatsoever from office against
his will except under a decree or verdict of a regular court or a disciplinary
decree of the Court of Cassation. No complaint may be brought against a
judge for the way in which he exercises his magisterial functions, without
the consent and approval of the competent court.
A judge may not be even temporarily called upon to fill any other salaried
or honorary public function without his consent and the approval of the
Court of Cassation.
A judge may be transferred only with his own consent.
Judges may remain in service up to the end of their 70th year. Before
this period elapses they may be retired only upon their written application
or in the case of physical or mental incapacity rendering it impossible
to perform their duties. In the latter case decisions regarding their retirement
shall be taken by the Court of Cassation.
Chapter X. Finances and Domain of the State
Art. 102. Each year Parliament shall approve the State budget, which
shall be valid for 1 year only.
The budget must be submitted to the Chamber of Deputies at the latest
1 month from the date of its meeting in ordinary session. The final accounts
for the last expired fiscal year shall be submitted to the Chamber for
inspection and approval simultaneously with the budget.
The Chamber of Deputies may not increase the proposed section., but
has the right to reduce and reject certain of them.
The budget shall be approved by sections.
The manner in which the budget is to be drawn up and passed is prescribed
by law.
Savings effected under one budget section or in one fiscal year may
not be expended to defray needs under another section or another year without
the previous consent of Parliament.
Art. 103. Until the budget submitted to it is passed, Parliament may
grant budgetary twelfths in respect of one or more months. If the Chamber
of Deputies is dissolved before the passing of the budget, the budget for
the preceding year shall be extended by decree for a period not exceeding
4 months. If the budget is not passed during this period, the previous
budget may be extended by Royal decree up to the end of the new fiscal
year.
Art. 104. State imposes and general taxes shall only be laid down by
law.
The Government shall submit a report to the Chamber of Deputies, certified
by Cite State Audit Department, regarding the execution of agreements concluded
for State loans and regarding their expenditure, in accordance with the
law.
Art. 105. The obligation to pay imposts is general, and all State taxes
are equal throughout the whole country.
The King and the Heir to the Throne pay State taxes on their private
property.
No permanent or temporary subsidies and no gifts or remuneration whatsoever
may be paid out of the State Treasury if not based on law.
Art. 106. State property is administered by the Minister for Finance
unless otherwise provided for by law.
A special law shall govern the alienation of State domains.
The right of monopoly appertains to the State.
Mines, waters, mineral springs and natural power are the property of
the State.
A special law shall govern the granting of mining, industrial or other
concessions of any kind.
Art. 107. The State Audit Department shall act as the supreme court
of accountancy for the verification of State accounts and the supervision
of the execution of the budgets of the State and administrative and autonomous
bodies.
The president and members of the State Audit Department are elected
by the Chamber of Deputies from a list of candidates prepared by the Council
of State and including twice as many candidates as there are vacancies.
The composition, competence and procedure of the State Audit Department
shall be determined by law.
The law shall determine the cases in which appeals against decisions
of the State Audit Department may be made to the Court of Cassation.
The State Audit Department examines, corrects and passes the accounts
of the general administration and of all persons accountable for public
funds. It sees that expenditure is restricted to the budgetary provisions
and that no transfer is made from one heading of the budget to another.
It closes the accounts of all State administrations and is responsible
for the collection of all necessary evidence and information.
The final State accounts are submitted to Parliament for decision,
with the observations of the State Audit Department, within a maximum of
1 year from the close of the fiscal year.
Chapter XI. The Army
Art. 108. Military service is general under the law. The organization
and strength of the army and navy are prescribed by law. The formation
of units of the size laid down by law shall be decreed by the King, on
the proposal of the Minister for War and Marine. The budget shall fix each
year the number of effectives to be maintained with the colours.
Art. 109. Military courts are independent. In administering justice
they shall not be under any authority whatsoever, but shall pronounce judgment
in accordance with the laws.
The judge of the military court of first. instance may not be indicted
for his acts as judge except with the consent of the Military Court of
Appeal. The judge of the Court of Appeal may not be indicted without the
consent of the Court of Cassation.
The Court of Cassation has cognizance in final instance of the sentences
of military courts.
Art. 110. Offences committed jointly by civilians and soldiers shall
be tried by civil courts, but in time of war they shall be tried by military
courts.
Art. 111. No one who has reached 20 years of age may obtain employment
in the civil service or retain the same unless he has performed his military
service or has been exempted in conformity with the provisions of the military
law.
Art. 112. The army may only be used for maintaining internal order upon
the request of the competent civil authorities.
Art. 113. A foreign army may not be taken into the service of our State,
nor may the army of our State be put at the disposal of any foreign State
without the previous approval of Parliament.
Chapter XII. Modifications of the Constitution
Art. 114. Modifications to be made in the constitution shall be determined
by the King, together with Parliament.
Art. 115. Proposed modifications in or additions to the constitution
may only be introduced by the King or the Parliament.
Such proposals must specifically state all the articles of the constitution
which are to be altered or supplemented.
If the proposal is made by the King, it shall be communicated to the
Senate and the Chamber whereupon the Chamber of Deputies must be immediately
dissolved and a new Chamber convened at the latest within 4 months.
If the proposal emanates from the Senate or the Chamber of Deputies,
a decision shall be arrived at by a majority of three-fifths of the total
number of members of the Assembly, in accordance with the manner prescribed
for the passing of bills. The proposal shall then be submitted to the Senate
or Chamber of Deputies, as the case may be, which shall decide thereon
by a majority of three-fifths of the total number of senators or deputies.
Upon the adoption of the proposal in the above manner, the Chamber
of Deputies shall be dissolved and a new Chamber of Deputies convened at
the latest within 4 months of the date of the adoption of the proposal.
In both cases the Senate or the Chamber of Deputies may only decide
upon such changes in or additions to the constitution as are contained
in the proposal for the examination of which the Assemblies are convened.
The Senate or the Chamber of Deputies shall pronounce by a majority
plus one of the total number of its members.
If the Senate and the Chamber of Deputies fail to agree as to the adoption
of the proposed changes in or additions to the constitution, either in
whole or in part, the further procedure shall be the same as in the case
of other bills (article 64).
Art. 116. In case of war, mobilization, disorder or disturbances endangering
public order and the
security of the State, or in general if public interests are endangered,
the King may, in such extraordinary case, decree all absolutely necessary
extraordinary measures to be taken throughout the entire Kingdom or in
any part thereof, irrespective of constitutional and legal prescriptions.
All exceptional measures taken shall subsequently be submitted to Parliament
for approval.
Transitory Provisions
Art. 117. The King shall promulgate and publish laws by decree until
the date of the meeting of Parliament.
These decrees shall. be countersigned by the President of the Council
of Ministers, the competent Minister and the Minister for Justice.
Art. 118. All laws in force, with the exception of the law of the 6th
January 1929, (4) regarding the Royal power and the supreme direction of
the State, shall remain in operation until modified or cancelled in the
ordinary way.
Art. 119. Provisions under article 101 of the present constitution will
not be applied during a period of 5 years; from the date of the entry into
force of the constitution.
Final Provisions
Art. 120. This constitution shall enter into force and become binding
when published in the Sluzhbene Novine.
The President of the Council of Ministers and all Ministers shall supervise
the execution of the present constitution.
We order our Minister for Justice to publish this constitution, and
all our Ministers to see to its execution, and we call upon all authorities
to act in accordance with it and upon all and everyone to obey it.
ALEXANDER.
Belgrade, September 3, 1931.
The Constitution of 3 September 1931 replaced the «Vidovdan Constitution»
of 28 June 1921 (15 June, old calendar).
Footnotes
(1) Original text in Sluzhbene Novine, September 3, 1931.
(2) Karageorge [vic], the English translation of Karadjordje, after
the first Prince [Gospodar] of Serbia, Djordje Petrovic (1752 - 1817, reigned
from 1804).
(3) See article Information on the use of styles and the Advisory Bodies
of the Crown.
(4) Published in British and foreign state papers, Vol. CXXX, p. 973.
Material Courtesy: Mr. Dag Trygsland Hoelseth |