VII Guarantees and Constitutionality

Constitution and Legality

     A law, other regulation or general enactment shall be in conformity with the Constitution.

     A regulation and other general enactment of the republic agency must be in conformity with the law.

     Any other regulation and general enactment must be in conformity with the law and other republic legislation.

     A law, other regulation or general enactment shall enter into force no earlier than on the eighth day from the day of publication, unless, for particularly justified grounds, it is provided ' that it enters into force earlier.

     A law, other regulation or general enactment shall have no retroactive effect.

     If so required by public interest as established in the procedure of enactment of the law, it may be provided solely by law that some of its provisions shall have a retroactive effect.

     Punishable offences shall be prescribed and punishments for their commission pronounced according to law and/or other regulation which was in force at the time of the commission of the offence, unless the new law and/or regulation is more favourable for the perpetrator.

     State agencies and organisations exercising public powers may decide in individual cases on rights and duties of citizens or, on the ground of law, apply coercive measures and restrictions, only in a procedure prescribed by law, in which everyone is provided the opportunity to defend his rights and interests and to appeal against the issued act and/or apply any other legal remedy determined by law.

     Unfamiliarity with the language of proceedings in course shall not be an impediment for the exercise of the rights and interests of citizens.

     In the proceedings before a court or other State agency or organisation which, while exercising public powers, rules on his rights and duties, each person shall be guaranteed the right to use his own language and to familiarize himself with the facts of the proceedings in his own language.

     An appeal may be lodged with a competent agency against the rulings and other individual acts of judicial, administrative and other State agencies, as well as such acts issued by agencies and organisations exercising public powers in the first instance.

     By way of exception, in particular cases, an appeal may be disallowed by law if the right to legal remedy and protection of legality have been secured in some other way.

     The legality of finally-binding individual acts by which State agencies and organisations exercising public powers decide on rights and duties, shall be decided upon by a court of law in the administrative dispute proceedings, unless other kind of judicial protection has been provided for the specific matter.

     By way of exception, the administrative dispute proceedings may be excluded by law in specific kinds of administrative matters.

The Constitutional Court

     The Constitutional Court shall decide on:
1) conformity of laws, statutes of autonomous provinces, other regulations and general enactments with the Constitution;
2) conformity of regulations and general enactments of the republic agencies with law;
3) conformity of all other regulations, collective agreements as general enactments, and other general enactments with the law and other republic regulations;
4) conflict of jurisdictions between courts of law and other agencies;
5) conformity of a statute or other general enactment of a political party or other political organisation with the Constitution and law;
6) the banning of a political party or other political organisation;
7) electoral disputes which are not within .the competence of courts of law other State agencies.

     The Constitutional Court shall assess constitutionality of laws and the constitutionality and legality of regulations and other general enactments which are no longer in force, if no more than one year has elapsed after the termination of their validity and the initiating of the proceedings.

     The Constitutional Court shall have nine justices. The tenure of office of a justice of the Constitutional Court shall be for life.

     The president of the Constitutional. Court shall be elected from among the justices for a five-year term and may not be re-elected to the same office. ,

     - A justice of the Constitutional Court may not engage in another public function or professional activity.

     A justice of the Constitutional Court shall enjoy the same immunity as a representative (of the National Assembly).

     The immunity of a Constitutional Court justice shall be decided upon by the Constitutional Court.

     A justice of the Constitutional Court shall terminate his office at his own request or after meeting the requirements for obtaining the old age pension. A. justice of the Constitutional Court shall be dismissed from duty if he is convicted of a criminal offence to an unconditional penalty of imprisonment, or if he has permanently lost the ability to discharge the function of a justice of the Constitutional Court.

     The Constitutional Court shall notify the National Assembly on the existence of grounds for the termination of the office and/or dismissal of a justice of the Constitutional Court.

     The Constitutional Court may decide that a justice of the Constitutional Court who has been indicted in the criminal proceedings should not discharge his duty while the proceedings are in progress.

     Everyone may initiate the proceedings of assessing the constitutionality and legality.

     Proceedings before the Constitutional Court shall be initiated by State agencies, while other agencies and organisations may initiate such proceedings after finding that their rights and interests have been directly violated by the act whose constitutionality and legality are being challenged.

     The Constitutional Court may itself initiate the proceedings for assessing the constitutionality and legality.

     The Constitutional Court shall adjudicate by the majority vote cast by the justices.

     A decision of the Constitutional Court shall be binding and executable.

     In case of need, the enforcement of a Constitutional Court decision shall be assured by the Government.

     When the Constitutional Court has established that a law, the statute of an autonomous province}e, other regulation or general enactment are not in conformity with the Constitution, such law, statute of the autonomous province, other regulation or general enactment {hall cease to be valid as 'of the day of publication of the decision of the Constitutional Court.

     When the Constitutional Court has established that a regulation or other general enactment of a republic agency, or other regulation or general enactment are not in conformity with the law, such regulation or general enactment shall cease to be valid as of the day of publication of the decision of the Constitutional Court.

     Procedure before the Constitutional Court and the legal effect of its decisions shall be regulated by law.

     The Constitutional Court shall regulate its own organisation.

Amending the Constitution

     A proposal to amend the Constitution may be submitted by at least 100,000 voters, or at least 50 representatives, by the President of the Republic, or by the Government.

     A proposal to amend the Constitution shall be decided upon by the National Assembly by a two-third majority of the total number of representatives.

     The National Assembly shall adopt the act on amending the Constitution by a two-thir3 majority of the total number of representatives and shall have it endorsed at a republic referendum.

     The act on amending the Constitution shall be considered as finally adopted if more than one half of the total number of voters have voted in favour at the republic referendum.

     The act on amending the Constitution shall be promulgated by the National Assembly.

     A constitutional law shall be enacted for the enforcement of the amendments to the Constitution.

     The constitutional law shall be adopted by the National Assembly by a two-third majority of the total number of representatives.

     The constitutional law for the enforcement of the amendments to the Constitution shall be promulgated by the National Assembly.

     The constitutional law shall come into force simultaneously, with the amendments to the Constitution.