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Реферат Legal infantility as the factor of negative influence on the level of sense of justice in Russia





d the principle of equality and identical representation of sexes and national minorities in the system of the National Skupshchina. The immunity of the deputies has been expanded. Now the People's Deputy can not be arrested, and no criminal case as well as any other case owing to which the verdict about imprisonment can be born if there is no sanction of the National Skupshchina. The given expansion of immunity, basically, is the disputed question, especially, if to take into consideration, that judges and public prosecutors have the narrower immunity, and it does not correspond to the fundamental principles of the Constitution concerning the division of powers to legislative , executive and judicial. novel is legalization of unconditional resignation, and actual introduction of the imperative mandate of deputies which the leaders of political parties will dispose. The given decision contradicts the fundamental constitutional principle about the sovereignty of the citizens realized by them at the referendum, on the national initiative and through the freely elected representatives raquo ;. It contradicts the working European democratic and legal standards and therefore it is cancelled in all the European states. constitution enters some useful innovations, such as overwhelming majority of all votes of the deputies when the decision about the certain quantity of the most important issues is made. Also there is stipulated dissolution of the National Skupshchina if within 90 days from the date of its formation the Government can not be formed with the help of voting. At the same time the Government can not offer dissolution of the National Skupshchina if the offer to vote mistrust to it has not arrived and if it has raised the question about trust to it. The dissolute Skupshchina solves only current issues and urgent issues except for cases of declaration of the martial law or state emergency law when its full constitutional powers are restored. constitutional status of the President of the Republic of Serbia though a little bit weakened in comparison with the previous Constitution, has remained within the framework of the parliamentary-presidential system. First of all, has been left the direct presidential elections as the way of expression of high degree of legitimacy and authoritativeness of the function. However, as against the previous Constitution, the new Constitution specifies, that the President at his infringement of the Constitution can be exempted of the post on the of the National Skupshchina by at least of one third of the deputies and he can be exempted on the post by the majority of votes (two thirds) in case the Constitutional Court finds out infringements of the Constitution on behalf of the President. function of the President is weakened in formal - legal sense when speaking about declaration of martial law and extreme situation. According to the previous Constitution the given acts should be made by the President of the Republic in case the Skupshchina had no opportunity to gather, and only after the government has stated the opinion, that is on the offer of the Government. According to the new Constitution, the act about declaration of the martial law or extreme situation and the act about restriction of the constitutional rights and freedoms beyond the framework of the Constitution (when the Skupshchina can not hold session) adopt jointly with the threefold signature - of the President of the Republic, of the Chairman of the National Skupshchina and Chairman of the Government. The rest of the functions of the President have remained almost the same, as well as under the previous Constitution. With only one addition: He schedules the parliamentary elections and in case the law is returned to the Skupshchina to the repeated voting, the Skupshchina should vote for the law not only with the simple majority, but with the majority in relation to the total number of the deputies who support the position of the President. to the Constitution the Government has the former constitutional powers, and now the stronger role belongs to the Chairman of the Government. For example, the minister is responsible not only to the Skupshchina and the Government, but also to the Chairman of the Government to whom he can transmit the application on resignation. The Chairman of the Government can offer his clearing of the post. The new Constitution categorically asserts that the Chairman of the Government conducts and directs the activity of the Government, makes efforts, that the Government should act politically homogeneously, coordinate the work of the members of the Government raquo ;. The position of the Chairman of the Government, that is the Governments, is significantly strengthen by the mentioned obligatory signatures of the Chairman of the Government on the act about martial law and extreme situation. The member of the Government in the future can not be the deputy, th...


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