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RADIO FREE EUROPE Sey Ms material was prepared forthe use ofthe COMMUNIST. ARES ttt ond pot alo Rad Fee rope 2022 YUGOSLAVT. Government @ 13 March 1974 NEW Yuco: Ni GENERAL Summary: A new Constitution of the Socialist Federative Republic of Yugoslavia was solemnly proclaimed-in the Belgrade Federal Assembly on February 21. ‘This paper provides a general appraisal of the new 50,000-word document, noting some interesting changes (compared to the draft text) in the Constitution's intro- ductory section --~ referred to as the "Basic Principles." Yugoslavia's fourth Constitution since 1946 was solemnly proclaimed on February 21 of this year in Belgrade. Because of Poor health, President Tito did not take part in the ceremoni in the Yugoslav Federal Assembly, Un1i the draft text of the Constitution which had only 378 articles (compared to 259 in the 1963 C titution), the newly-proclaimed document contains an introductory chapter called the "Basic Principles" and six sub- Sequent sections with a total of 405 articles, The "Basic Princi " is more or less re-run of the old Constitution, gh the te: vyhat extended and clarified com to the draft. The following comments cite some major changes i. in Section IV a new paragraph is added explaining how "the working class and all the working people" in Yugoslavia shall develop "socialist self-managing democracy as a special form of the dictatorship in the proletariat," securing such a process by the revolutionary abolition and constitutional prohibition of any other form of socio-economic and political systems and organizations, based on class exploitation and ownership monopoly as well as of any political activity designed to introduce such relationships. (1) 2, In the same section, the "working people” are to take part "in the realization of power” instead (as in the draft text) “in the execution of functions of power." This change appears to be a logical consequence of the introduction of the systen of delegations based on the so-called "imperative mandate" under which elected delegates at all levels will be unable to voice their own views, but will rather have to strictly adhere to instructions "from the base" controlled by the Party. 3, In Section V the working people in Yugoslavia are to be educated not only in the spirit of the socialist revolution, socialist ethics, self-managing democracy; socialist patriotism, brotherhood and unity, equality of nationalities and national minorities but also in the spirit “of socialist internationalism." This formulation was not included in either the old Constitution or in the draft text of the new Constitution published in June 1373, 4, In the same section another new paragraph was added dealing with the rights of war veterans, war invalids and families of dead partisans "who are guaranteed their social security.” 5. In Section VII-a paragraph dealing with the rights of national minorities in Yugoslavia contains a supplement including the rights of Yugosiavs living outside their country: Respect for the rights of national minorities, including the rights of segments of Yugoslav peoples who live in other countries as national minorities. (2) ;_, In the draft text only the first phrase was originally included. 6. Section VIII stresses that the League of Communists of Yugoslavia -- as the country's "leading ideological and political force" -- and the Socialist Alliance-of the Working People of Yugoslavia, led by the LCY, "shall give directives to their delegates in the assemblies of various socio-political communities." Thus the rule of the “imperative mandate" is confirmed. Short Survey of Other Chapters of- the Constitution Subsequent papers will analyze the last six chapters of the new Constitution; the remainder of this paper will merely give a brief survey of the individual chapters. PART ONE of the new constitution is . titled the "Socialist Federative Republic of Yugoslavia" and has nine articles (1-9). PART TWO. "The Social Order" is divided into’ six chapters. Chapter One ("The Socio-Economic Order") contains eleven sections the draft text had only eight): 1. The Position of Man in eo Associated Labor and Social Ownership (Articles 10 through 33); 2, Associated Labor and Means of Social Reproduction (Articles 34 through “50); °3, Self-Managing Communities ‘of ‘Interest (Articles $1 through 53); 4; Means of Socio-Political Organizations and Other Social ‘Organizations (Article 60); 5; Socio-Economic Position and Association of Farmers (Articles 61 through 63); 6. Independent Private Work With-Means in the Hands of Citizens (Articles 64 through 68); 7, Social Planning (Articles 69 through 74); 8, Social System of Information, Social Bookkeeping, Registration and Statistics (Articles 75 through '77); 9, The Legal Ownership “elations (Articles 78 through 84); 10. Properties of General Interest (Articles 85 and 86); 11. Protection and Furthering of the Human Environment (Article 87), Chapter Two is titled the "Basis of the Socio-Political System” and has eight sections: 1, Position of Working People in the Socio-Political System (Articles 88 through 97); 2. Self- management in the Organizations of Associated Labor (Articles 98 through 109); 3, Self-management in the Self-managing Communities@) of Interest (Articles 110 through 113); 4; Self-Management in Local Communities (Articles 114 and 115); 8. The Commune (Articl@yy 116 through 113); 6. Self-management Agreements and Social Arrangements (Articles 120 through 128); '7, Social Protection of Self-management Rights and Social Ownership (Articles 12S through 131); 8. The Assembly System (Articles 132 through 152). .., chapter Three: "Freedom, Rights and Duties of Man and Citizen” (Articles 153 through 203). Chapter Four: "Constitutionality and Legality" (Articles 204 through BiBy. _ Chay ter Five: “Justice and the Public Prosecutor's Office" (articles 217 through 236) Chapter Six; "National Defense" (Articles 237 through 243), PART THREE of the Constitution is titled "Relationships in the Federation; Rights and Duties of the Federation." Unlike the draft text, this part is divided into two chapters: Chapter One: "Relationships in the Federation" (Articles 244 throne 2739); and Chapter Two: "Rights and Duties of the Federation" (Articles 280 and 781). In comparison with the draft text, this part has been largely extended, PART FOUR carries the title "Organization of the Federation" and is divided into eight chapters, Chapter-One: "The Assembly of the Socialist Federative Republic Gf Yugoslavia" with seven sections: °1. Position and Competency (Articles 282-and-283);-2. Chambers-and-Their Spheres of Action (Articles 284-through 290); +3. Composition and the Way in Which Chambers are “Elected (Articles 291-and'292); 4. Procedures and Decision-Making in Chambers (Articles~293 through 297); 5, Procedure of Decision-Making in the Chamber of the- Republics and Provinces on ‘the Basis of Arrangements ‘With the Assemblies of the Republics -and Autonomous Provinces -(Articles'298 through 304); 6. Rights and-Duties of Delegations and Delegates (Articles 305 through 308);-7, Election and Authorization-of Functionaries in the Assembly of the SFRY (Articles 309 through 312). Chapter Two: "The Presidency of the Socialist Federative Republic of Yugoslavia" (Articles 313 through 332). Chapter Three: "The President of the Republic" (Articles 333 through Jus), Chapter Four: "The Federal Executive Council [The Government] has four sections: 1, Position and Competency (Articles 346 and 347); 2. Composition and Election (Articles 348 through 351)3 3. Procedure and Decision-Making in the Federal Executive Council (Articles 352 through 357); 4. Relationship With the Assembly of the SFRY and Responsibility of the Council (Articles 358 through 362), Chapter Fi "Federal Organs of Administration" (Articles 363 through 368), ,Chapter Six: "Federal Court, the Office of the Federal Public Prosecutor and the Federal Social Attorney of Self-management" (Articles 369 through 374), Chapter Seven: "The Constitutional Court of Yugoslavi (Articles 375 through 396). Chapter Eight: "The Solemn Statement" (Article 397). PART FIVE is titled "The Way in Which the Constitution of the Soclalfst Federative Republic is to be Amended” and has six articles (Articles 398 through 403), PART SIX: "Transitional and Concluding Provisions" (Articles 4ou through 406). w Slobodan Stankovic eo (1) Narodna armija, Belgrade, 21 February 1974, special supplement, Pe 6. (@) Ibid., p. 9.