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Constitutionality and Legality

Section VI Constitutionality and Legality

Article 115
  1. The constitutions of the member republics, federal statutes, the legislation of member republics and all other laws and general enactments must be in conformity with the Constitution of the Federal Republic of Yugoslavia.
  2. Statutes, other laws and general enactments in a member republic must be in conformity with federal law.
  3. Regulations and other general enactments adopted by federal agencies must be in conformity with federal law.
Article 116
Statutes, other laws and general enactments shall come into force on the eighth day from the day of publication, except when for justified reasons, specified during their adoption, provision is made for them to come into effect earlier.

Article 117
  1. Statutes, other laws and general enactment's may not have a retroactive effect.
  2. Only certain provisions of statutes, if so required by the public interest, as established when they are adopted, may have retroactive effect.
Article 118
  1. Certain public powers may be legally delegated to an enterprise or other organization.
  2. State agencies and organizations which perform public functions may decide on the rights and obligations of natural and artificial persons or, pursuant to the law, apply coercive or restrictive measures only in a legally prescribed procedure.
Article 119
  1. An appeal may be made to the competent authority against decisions and other rulings by judicial, administrative and other state authorities, as well as against similar first instance decisions by agencies and organizations performing public powers.
  2. In special cases and by way of exception, the law may deny the right of appeal, if due process of law has been secured in some other manner.
Article 120
  1. The authorized court shall determine the legality of administrative rulings in an administrative suit, unless some other legal remedy has been provided for by the law.
  2. By way of exception, in certain types of administrative cases, an administrative suit may be prohibited by law.
Article 121
Decisions, documents and other rulings issued by state agencies and authorized organizations in a member republic shall have the same validity throughout the entire territory of the Federal Republic of Yugoslavia.

Article 122
  1. The work of federal agencies shall be open to the public.
  2. Public insight into the work of federal agencies may be restricted or denied only in the cases specified by federal law.
Article 123
  1. Everyone shall be entitled to compensation for damages sustained as a result of unlawful or improper actions of an official or state agency or organization which exercises public power, in conformity with the law.
  2. The state shall be obliged to pay compensation for damages.
  3. The injured party shall have the right, in accordance with law, to demand compensation directly form the individual responsible for the damage.
 
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