Last modified: 2019-09-08 by ivan sache
Keywords: law |
Links: FOTW homepage |
search |
disclaimer and copyright |
write us |
mirrors
See also:
(North) Macedonia adopted a new Law on the State symbols on 8 July 1997. The legislation is described by the Macedonian Information Center (MIC) as "one of the most important in the newer history of Macedonia." According to the new Law, flags of foreign countries cannot be hoisted from public buildings except at some public and religious holidays when they may be hoisted alongside the Macedonian flag. The limitation on the flying of foreign flags affects first and foremost the use of the flag of Albania, used on municipal buildings in towns of western Macedonia where there are many Albanians. Six members of the PDSH (Democratic Party of Albanians) voted against the new Law. No more details of the legislation is available in the English language reports of the MIC and MILS, so there is no news on the design rules for minority flags mentioned earlier this year.
The enactment of the new Law on State symbols was followed by police action against municipal authorities in the towns of Tetovo and Gostivar, where the Albanian flag was removed from the town halls. This led to protests and demonstrations, escalating into riots. Three people have died, more than 50 have been injured and 3-400 people have been detained or arrested (including, at one point, the Mayor of Gostivar). Police introduced a curfew. On 12 July demonstrators (many of the Albanians from North Macedonia) burned the Macedonian flag in the Albanian capital Tirana.
Sources:
Jan Oskar Engene, 18 July 1997
I. Basic Provisions.
Article 1.
This Law regulates the use of the coat of arms, the flag and the
anthem of the Republic of Macedonia.
Article 2.
With the coat of arms, the flag and the anthem of the Republic of
Macedonia are represented the Republic of Macedonia and they express
the belonging to the Republic of Macedonia.
Article 3.
The coat of arms, the flag and the anthem of the Republic of
Macedonia are used in accordance with the provisions of this Law and
in the way that do not desecrate the reputation and the dignity of
the Republic of Macedonia.
Article 4.
The coat of arms and the flag of the Republic of Macedonia may be
used only in the shape and content determined by the law.
Nothing could be added, substracted nor changed in the coat of arms
and the flag of the Republic of Macedonia.
Exceptionally, when that is prescribed with the law or an other
regulation, the coat of arms and the flag of the Republic of
Macedonia could be used as an integral part of other emblems and
symbols (military, command and rank flags and others) or in the flag
of the Republic of Macedonia may be inscribed a certain date or a
name (military and other ceremonial flags and similar).
The anthem of the Republic of Macedonia may be performed in the music and the text that is determined in the Law on the Anthem of the Republic of Macedonia.
Article 5.
The coat of arms and the flag of the Republic of Macedonia could not
be used as merchant and service seals, models or other symbols
marking merchandise and services.
Article 6.
The coat of arms and the flag of the Republic of Macedonia may not be
used if they are deteriorated, untidy, teared on in any other way
damaged or with its appearance unsuitable for usage.
Damaged and unsuitable for usage coat of arms and the flag of the
Republic of Macedonia are retired from use.
Article 7.
On occasion of official state visits and international manifestations
of political, scientific, cultural-artistic, sporting and other
character, together with the coat of arms, the flag and the anthem of
the Republic of Macedonia, may be displayed, i.e. performed, the coat
of arms, the flag and the anthem of an other state or the
international organization, in accordance with the provisions of this
Law.
Article 8.
The coat of arms and the flag of the Republic of Macedonia as well as
the coats of arms and the flags of other states and international
organizations that are used in the Republic of Macedonia in
accordance with this Law may not be intentionally teared,
incinerated, stepped over or in any other way desecrated or be
exposed to scorn or mockery.
II. Use of the Coat of arms of the Republic of Macedonia
Article 9.
The coat of arms of the Republic of Macedonia is used:
1) As integral part of the state seal of the Republic of Macedonia in
accordance with the legal provisions for that seal;
2) As integral part of the seals and stamps of the institutions of
the state government, in accordance with the regulations regarding
these seals and stamps;
3) On official inscriptions on the institutions of the state, public
institutions, public services and companies that are established by
the Republic of Macedonia on their buildings;
4) On objects marking the border of the Republic of Macedonia and on
other objects in the Republic of Macedonia near the border in
accordance with the regulations; and
5) In other cases, in conditions and modes determined by the Law.
Article 10.
The coat of arms of the Republic of Macedonia may be used:
1) On the buildings where are seated the institutions of the state,
public institutions, public services and companies that are
established by the Republic of Macedonia, as well as in the
ceremonial rooms of such buildings;
2) On the objects in that are seated diplomatic and consular
representatives of the Republic of Macedonia abroad, on the
residences of the chiefs of the representations and the means of
transportation used by these chiefs while in their official capacity,
in accordance with the international treaties, regulations and
customs of the countries hosting the representatives or according to
the rules and practices of the international institution hosting the
representatives.
3) During international meetings, competitions and other assemblies
(political, scientific, cultural-artistic, sporting and others) where
the Republic of Macedonia participates or is represented, in
accordance with the rules and practices of these assemblies;
4) In military flags of the Republic of Macedonia and in the command
and the rank flags in accordance with the regulations determining
these flags;
5) On the banknotes, coins and state issued papers of value;
6) On the aircrafts, ships and other vessels and on other public
means of transport, in accordiance with the regulations;
7) On official paper heads, greeting cards and similar acts used by:
President of the Republic, chairman of the Parliament, prime minister,
other accredited representatives of the President of the Republic,
the Parliament and the Government, as well as the chief of the
diplomatic and consular missions of the Republic of Macedonia abroad;
and
8) In other cases, if the use is not in conflict with the provisions
of this Law.
Article 11.
The original of the coat of arms of the Republic of Macedonia is
preserved in the Parliament of the Republic of Macedonia and
according to it are modelled others.
For the maintenance and use of the original of the coat of arms of
the Republic of Macedonia is responsible the secretary of the
Parliament of the Republic of Macedonia.
Article 12.
If the coat of arms of the Republic of Macedonia is displayed in the
Republic of Macedonia together with one or more other coats of arms
or other emblems of other states, international organizations or
units of local self-government, the coat of arms of the Republic of
Macedonia is positioned, depending on the way how the coats of arms
i.e. emblems are arranged, so:
1) In the middle of the circle, to be clearly visible - if other
coats of arms and emblems are arranged in a circle;
2) In the middle of the semicircle - if other coats of arms and
emblems are arranged in a semicircle;
3) At the head of the column - if other coats of arms and emblems are
arranged in a column;
4) At the first position in the row - if other coats of arms and
emblems are arranged in a row;
5) At the head of the group - if other coats of arms and emblems are
arranged in a group;
6) At the right position as viewed from the front from a coat of arms
of a foreign state or an international organization - if that coat of
arms is displayed in the Republic of Macedonia during an official
visit of an accredited representative of the state or organization.
In the case of the paragraph 1 of this Article, the dimensions of all
coats of arms should be the same, but if they are not, no other coat
of arms should be larger then the coat of arms of the Republic of
Macedonia.
III. Use of the Flag of the Republic of Macedonia
Article 13.
The flag of the Republic of Macedonia is permanently hoisted:
1) On the Residence of the President of the Republic, on the
Parliament of the Republic of Macedonia, on the houses used by the
Government of the Republic of Macedonia and on the objects where are
seated the officials leading the ministries of the Government of the
Republic of Macedonia;
2) On determined objects on the border of the Republic of Macedonia
and on other objects in the Republic of Macedonia near the border,
according to the regulations and
3) In other cases, under conditions determined with the Law or an
other regulation.
The flag of the Republic of Macedonia is used as a marking on the
aircrafts, ships and other vessels, as well as on other public means
of transport, marking the nationality of the Republic of Macedonia,
in accordance with the regulations.
Article 14.
The flag of the Republic of Macedonia is hoisted:
1) On the holyday of the Republic of Macedonia determined by the Law -
on the objects where are seated the state government, the units of
the local self-government, public services and companies that are
established by the Republic of Macedonia or the unit of local self-
government;
2) During the departure of the President of the Republic from the
Republic of Macedonia and the reception when he returns from abroad;
3) During official reception in the Republic of Macedonia, and during
the departure from the Republic of Macedonia of the chief of states,
sovereigns or high representatives of international organizations;
4) On the means of transport used by the President of the republic;
5) On the mourning days as determined by the Government, at half-mast
and
6) In other cases under conditions determined by the Law.
Article 15.
The flag of the Republic of Macedonia may be hoisted:
1) On the object where is seated the diplomatic or consular
represenattion of the republic of Macedonia abroad; on the residences
of the cheifs of the representations and on the means of transport
used personally by them in their official capacity, in accordance
with the international treaties, regulations and customs in the
country where the representatives are accredited i.e. according to
the regulations and practices of the international organization.
2) In places where are held elections, in classrooms, ceremonial
halls, conference rooms and similar;
3) During international meetings, competitions and other assemblies
(political, scientific, cultural-artistic, sporting and others) where
the Republic of Macedonia participates or is represented, in
accordance with the rules and practices of these assemblies;
4) During celebrations, ceremonies and other political, cultural,
sproting and similar manifestations important to the Republic of
Macedonia;
5) In occasion of celebrations regarding the privat life of citizens
and
6) In other cases, if the use is not in conflict with the
prescriptions of this Law.
Article 16.
If the flag of the Republic of Macedonia is displayed in the Republic
of Macedonia together with one or more other flags of other states or
international organizations the flag of the Republic of Macedonia is
positioned, depending on the way how the flags are arranged, so:
1) In the middle of the circle, to be clearly visible - if other
flags are arranged in a circle;
2) In the middle of the semicircle - if other flags are arranged in a
semicircle;
3) At the head of the column - if other flags are arranged in a
column;
4) At the first position in the row, i.e. on the left end as view
from the front - if other flags are arranged in a row;
5) At the head of the group - if other flags are arranged in a group.
Article 17.
If the flag of the Republic of Macedonia is displayed together with
two other flags, the flag of the Republic of Macedonia is set in the
middle.
If the flag of the Republic of Macedonia is displayed together next
to an other flags, it should be placed on the left, as viewed from
the front. Exceptionally, it is placed on the right, as viewed from
the front, from the flag of a foreign state or an international
organization, if that flag is displayed in the Republic of Macedonia
during an official visit of an accredited representative of the state
or the international organization.
If the flag of the Republic of Macedonia is displayed together with a
larger number of the flags of other states, the flags of other states
are ordered in alphabetic order.
In all cases in this article the dimensions of the flags should be
the same, and if they are not, no other flag should be larger then
the flag of the Republic of Macedonia, nor any other flags may be
placed higher then the flag of the Republic of Macedonia.
If the flag of the Republic of Macedonia is displayed together with
the flags of local self-government or other flags, the flag of the
Republic of Macedonia is displayed first on the left side removed two
meters and higher one meter, of larger dimensions of the flag of the
local self-government or the other flag.
Article 18.
The flag of the Republic of Macedonia is raised, displayed, lowered
and transported with the usual honors (standing up, saluting and
other).
During the display the flags should not tough anything that is placed
neither next nor under it.
Article 19.
The flag of the Republic of Macedonia is displayed on a mast between
the sunrise and sunset, but may be displayed 24 hours a day under
condition that it is appropriately illuminated during the dark hours.
When the flag is lowered none of its parts should touch the ground
not any other object.
When the flag is removed from the mast to be taken to the keeping, it
should be folded neatly and ceremoniously.
Article 20.
The flag should be raised dynamically, and lowered ceremonially.
During the raising and lowering of the flag all the present should
stand still with faces turned towards the flag for as long the flag
is raised completely, i.e. removed from the mast, or if the anthem is
played, as long as the music is playing. Males wearing a headgear
should remove it. Persons wearing military uniform should salute
according to the military regulations.
Article 21.
When the flag of the Republic of Macedonia is displayed in closed
spaces, it should be placed on the right side as viewed by the
speaker, and if the flag of the unit of local self-government or
other flags are displayed together with it, they should be on the
left, removed two meters and one meter lower and of smaller
dimensions then the flag of the Republic of Macedonia.
Article 22.
When the flag is displayed from a car it should be fixed firmly on
chassis on the front right side as viewed by the driver.
Article 23.
Hoisting on the half-mast of the flag that is displayed on the mast
is done so that the flah is shortly raised all the way to the top,
and then lowered on a position half way from the top. Before it is to
be lowered, it should be raised to the top again.
The flag may be used to cover a coffin, but should not be lowered
into a grave.
Article 24.
The flag should not be used:
- As a pavilion, a curtain or a blanket;
- Curled into a wreath or wrinkled and
- As ornament on ???????, kerchiefs, napkins, cardboard boxes,
underwear and objects used to be disposed.
IV. the Performance of the Anthem of the Republic of Macedonia
[...]
V. Penal Prescriptions
Article 30.
A legal person shall be fined for an offence with the fine between
50.000 and 300.000 denars if he:
1) Uses the coat of arms and the flag of the Republic of Macedonia in
conflict with the article 3 of this Law;
2) The coat of arms and the flag of the Republic of Macedonia or
performs the anthem of the Republic of Macedonia in the shape and
contents different to determinations of this Law (Article 4);
3) Uses the coat of arms and the flag of the Republic of Macedonia as
signs marking the merchandise or servies (Article 5);
4) Uses the coat of arms and the flag of the Republic of Macedonia
damaged or unsuitable for use (Article 6);
5) Uses the coat of arms and the flag of the Republic of Macedonia in
conflict with article 7 of this Law;
6) Performs the anthem against the determinations of this Law and
7) Performs the anthem of a foreign state against the determinations
of this Law.
The private person responsible within the legal person shall be fined
for an offence from the paragraph 1 of this Article with a fine
between 10.000 and 40.000 denars.
The private person responsible within the government institution, the
unit of local self-government, the public services and companies that
are established by the Republic of Macedonia of the unit of local
self-government shall be fined for an offence from the paragraph 1 of
this Article with a fine between 20.000 and 50.000 denars.
The private person shall be fined for an offence from the paragraph 1
of this Article with a fine between 5.000 and 10.000 denars.
If the offence from the paragraph 1 of this Article are made on a
public manifestation the person responsible for the organization of
the manifestation shall be fined for an offence with a fine between
20.000 and 50.000 denars.
The private person shall be fined for an offence against article 24
of this Law with a fine between 2.000 and 5.000 denars.
Article 31.
The offenders from Article 30 of this law may be punished with a
protective measure of requisition of the objects with which the
offences were made.
An accredited person of the Ministry of Internal Affaires may
confiscate the objects from the paragraph one of this Article before
the legal proceedings. The confiscated objects are delivered to the
institutions responsible for leading of the proceedings.
VI. Authorizations for the Regulations Enactment
Article 32.
The commander in chief of the armed forces of the Republic of
Macedonia shall enact in accordance with this Law the regulations
regarding the use of the coat of arms, the flag and the anthem of the
Republic of Macedonia within the armed forces of the Republic of
Macedonia.
Article 33.
The Government of the Republic of Macedonia shall prescribe the
criteria and conditions for performance of the anthem of the Republic
of Macedonia on the funerals of meritorious persons (Article 26,
paragraph 1, ad. 3).
Article 34.
Further regulations regarding the use of the coat of arms and the
flag of the Republic of Macedonia shall be made by:
1) Minister of Internal Affaires, in coordination with the Minister
of Defence - for the determined objects on the border of the Republic
of Macedonia and on other objects in the Republic of Macedonia near
the borders (Article 9 paragraph 1 ad. 4 and Article 13 paragraph 1
ad. 2);
2) Minister of Foreign Affaires - for diplomatic and consular
representations of the Republic of Macedonia abroad (Article 10
paragraph 1 ad. 2 and Article 15 paragraph 1 ad. 1) and
3) Minister responsible for the transportation - for the aircrafts,
ships and other vessels and on other public means of transport,
regarding the marking of the nationality of the Republic of Macedonia
(Article 10 paragraph 1 ad 6 and Article 13 ad 2).
VII. Transitional and Final Prescriptions
Article 35.
Regulations and determinations of other acts conflicting with this
Law should be amended accordingly within six months from the day this
Law becomes valid.
Article 36.
With the day this Law becomes valid is abrogated the Law on use of
the Flag (Služben vesnik na Republika Makedonija, 40/73).
Article 37.
This Law becoms valid on the eight day from is publishing in
Služben vesnik na Republika Makedonija
Translated by Željko Heimer, 9 July 2005
