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





capital charges. None of the requirements concerning essential expansion of powers of the autonomy which would have characteristics of the state functions, such as judicial and legislative are not taken into consideration. However the given infringements of the powers of the autonomy to the certain degree are compensated by its wider financial functions. administrations have basically preserved the former constitutional status, thus, district administration can now independently dispose district property. It is provided, that the referendum should precede establishment, cancellation and change of unit of local government. According to the former Constitution chairman of the regional administration heading executive authority, is elected directly by the citizens, and they can remove him from the post. The new Constitution provides that the decision about election to the agencies of the executive power of the district according to the law and the statute accepts regional committee.

. And, at last, one more serious constitutional novelty - the order of entry of changes into Constitution. Changes will be made by the majority of People's Deputies (two thirds out of the total number!). And now the referendum is cancelled (which has been obligatory till present) and presence of the majority out of the total number of voters for adoption of the constitutional changes. Instead there has been stipulated the opportunity of removal by the Skupshchina of the decision that the act of changes in the Constitution should be confirmed by the citizens of republic by the republican. The exception can become cases when changes in the Constitution concern to its preamble, to the constitutional principles, human rights, rights and freedoms of minorities, state system, declaration of martial law and extreme situations, infringement of human rights, rights and freedom of minorities during martial law and extreme situations, and to the procedure of entry of changes into the Constitution. In these cases the referendum is obligatory, but thus it loses its former very high and uneasily achieved qualification. future the referendum will be considered taken place, and changes in the Constitution will be passed on the majority of votes given by the voters who have come to the elections. Thus, the referendum will be the simple procedure of additional democratic legalization of changes in the Constitution, and the Constitution will practically be changed by deputies (by the majority of two thirds of votes). The certain changes the next years will be necessarily brought in the Constitution - during rapprochement with the European Community and full harmonization of the domestic and European law and especially after the European Constitution is adopted. re-establishing its independence, Serbia now has a new Constitution, with which it will walk more quickly towards Europe. Since the Constitution resulted from the consensus of all parliamentary political parties, between which there are significant strategic, ideological and political differences, this implied the need for compromise which reduced the quality of the Constitution, but despite its weaknesses it is a constitution of a democratic society. Constitution has put an end to socially owned property; it introduced new institutions and new legal institutes such as the Ombudsman, High Judiciary Council, the National Prosecution Council, the State Audit Institution, constitutional claims, etc; it has enhanced the system of human and minority rights (which has become an integral part of the Constitution); it sets out clearly the relation between international and national law, it introduces several types of property, with the dominance of private property; the city construction land in private property now has a market character, and the economy is based on market economy and free entrepreneurship; it maintains the republican system with parliamentary representative system, with certain additions and amendments compared to the previous one; it sets out that the Supreme Court and the Supreme Court of Appeal is the supreme judicial institution in the country but docs not set out its competences; the function of the public prosecution is within the executive power, the competences of the Constitutional Court are increased and the number of its judges in increased, and it sets out a three-pole election mechanism; the position of the Autonomous province of Vojvodina is practically unchanged, and it leaves the possibility for new autonomous provinces to be established; it allows for the Autonomous Province of Kosovo and Metohia to have a position of" substantive autonomy; it has retained unchanged the position of local self-government units and has simplified the procedure for the constitutional amendments.


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