Last modified: 2019-03-31 by ivan sache
Keywords: constitution |
Links: FOTW homepage |
search |
disclaimer and copyright |
write us |
mirrors
See also:
The national symbols are prescribed in the Constitution as follows:
Coat of arms, flag and national anthem
Article 7.
The Republic of Serbia shall have coat of arms, flag and national anthem.
The coat of arms of the Republic of Serbia shall be used in the form of the large [greater] coat of arms and small [lesser] coat of arms.
The flag of the Republic of Serbia shall exist and be used as the National flag and State flag.
National anthem of the Republic of Serbia shall be the official song Bože pravde.
Appearance and use of the coat of arms, flag and national anthem shall be regulated by law.
Milan Jovanović, 8 November 2006
With the adoption of the new Constitution of Serbia on 8 November 2006, the last flag defaced with the Yugoslav red five-pointed star was finally formally retired.
Although the Serbian flag with the red star was in practice revoked
from use in 1992, this was, as far as I know, not done through any
legislative act. Such situation extended until 17 August 2004 when
the government issued guidelines (and not a law yet!) regarding the use
of the current flag with the coat of arms (plus undefaced flag as the civil
flag).
However, the determination in the Constitution of Serbia remained as
before prescribing the flag with the red star in spite it had not been
used for almost 15 years! The adoption of the new Constitution eventually corrected this
oddity.
Željko Heimer, 8 November 2006
The Law Zakon o izgledu i upotrebi grba, zastave i himne Republike Srbije, on the national emblems of Serbia, published in the official gazette 36/2009 on 11 May 2009, entered into force on 19 May 2009. Two previous laws already obsolete for years were formally abrogated, the laws on the symbols of the Federal Republic of Yugoslavia and on the arms of the Socialist Republic of Serbia.
The new law only officializes what was already determined by governemnt decisions issued in 2004.
The law regulates very clearly when the state flag is used and when
the "national flag" is used, although I believe that the wording may
easily be interpreted that state flag may be used in almost all
occasions instead of the plain flag. It also my be noted that the
standards are prescribed to be special cases of the state flag!
I. BASIC DETERMINATIONS
The Subject of the Law
Article 1.
This Law prescribes the design and the use of the coat of arms, the flag and the anthem of the Republic of Serbia.Representing the Republic of Serbia
Article 2.
The coat of arms, the flag and the anthem of the Republic of Serbia represent the Republic of Serbia and express affiliation to the Republic of Serbia.
The coat of arms, the flag and the anthem of the Republic of Serbia may be used only in the shape and contents detemined by the Constitution of the Republic of Serbia and this Law.The basic rule for display of the coat of arms and the flag of the Republic of Serbia
Article 3.
If the coat of arms and/or the flag of the Republic of Serbia are displayed in the Republic of Serbia together with another domestic or foreign coats of arms or flags, the coat of arms and/or the flag of the Republic of Serbia is set in the place of honour, unless it is regulated otherwise by this Law.Restrictions regarding the use of the coat of arms and the flags of the Republic of Serbia
Article 4.
Nothing can be written or inscribed on the flag and in the coat of arms of the Republic of Serbia, nor may they be changed.
Exceptionally, if it is regulated so by a separate law, the flag or the coat of arms of the Republic of Serbia may be used as part of other emblems or symbols, or some date or name may be inscribed on the flag of the Republic of Serbia.
Article 5.
The coat of arms and the flag of the Republic of Serbia may not be used as merchant or trade mark, pattern or model, or any other kind of symbols to mark merchandise or services.
Article 6.
The coat of arms and the flag of the Republic of Serbia may not be used if they are damaged or by their appearance unsuitable for usage, but they should be taken off.
Article 7.
The coat of arms and the flag of the Republic of Serbia may be used in artistic creations, teaching and education in a way that does not offend the public moral, reputation and dignity of the Republic of Serbia.The regulation regarding the display of a coat of arms and/or a flag of a foreign state
Article 8.
A coat of arms or a flag of a foreign state may be displayed in the Republic of Serbia only together with the coat of arms iore. the flag of the Republic of Serbia, unless it is otherwise determined by a confirmed international agreement.Originals
Article 9.
The originals of the greater and lesser coat of arms, the original of the flag of the Republic of Serbia and the music sheets of the anthem of the Republic of Serbia are determined by the Government.
The originals of the greater and lesser coat of arms, the original of the flag of the Republic of Serbia and the melodic-audio recording of the anthem of the Republic of Serbia are kept at the General Secretariat of the Government.II. THE DESIGN AND THE USE OF THE COAT OF ARMS
The greater and lesser coat of arms
Article 10.
The coat of arms of the Republic of Serbia is the coat of arms as determined by the Law on the coat of arms of the Kingdom of Serbia on 16 July 1882, and is used as the greater coat of arms and the lesser coat of arms.The design of the greater coat of arms
Article 11.
The greater coat of arms is a red shield in which is set, between two golden fleurs-de-lis in its base, a two-headed silver eagle, armed golden and with the tongue and legs of the same, with a red shield on its chests in which is a silver cross between four firesteels of the same with their bases turned towards the vertical beam of the cross. The shield is crowned with a golden crown and draped with a crimson (porphyry) mantle embroidered gold, with a golden fringe, tied up with golden braid with tassels of the same, lined with ermine and crowned with a golden crown.The design of the lesser coat of arms
Article 12.
The lesser coat of arms a red shield in which is, placed, between two golden fleurs-de-lis in its base, set a two-headed silver eagle, armed golden and with the tongue and legs of the same, with a red shield on its chests in which is a silver cross between four firesteels of the same with their bases turned towards the vertical beam of the cross. The shield is crowned with a golden crown.The use of the Greater coat of arms
Article 13.
The greater coat of arms is used:
1) On the buildings of the National Assembly, the Presidency of the Republic, the Government, the Constitutional Court, the High Cassation Court, the Public Prosecutor Office of the Republic, the National Bank of Serbia, the State Revisions Institution, the Ombudsman office and on the buildings of diplomatic and consular representatives of the Republic of Serbia abroad;
2) In the official halls of the President of the Republic, the Chairman of the National Assembly, the Prime Minister, the Chairman of the Constitutional Court, the Chairman of the High Cassation Court, the Public Prosecutor of the Republic, the Governor of the National Bank of Serbia, the Chairman of the State Revision Institution and the Ombudsman;
3) As a part of the seal and stamps, in accordance with the law regulating the state seal;
4) As a part of seals and stamps of the National Assembly, the president of the Republic, the Governemnt, the Constitutional Court, the High Cassation Court, the Public Prosecutor Office of the Republic, the National Bank of Serbia, the State Revision Institution and the Ombudsman;
5) On the official invitations, greeting cards etc. used by the President of the Republic;
6) On money (bank notes, coins, commemorative and anniversary money) and blank bond forms issued by the National Bank of Serbia.The Use of the lesser coat of arms
Article 14.
The lesser coat of arms is used:
1) On the building of other state bodies, the bodies of the regional autonomy and local self-government and public services, and in their official halls;
2) As part of other seals and stamps, in accordance with the law regulating the seals of the state and other bodies.Other cases of use of the lesser coat of arms
Article 15.
The lesser coat of arms may be used:
1) During celebrations, ceremonies and other cultural, sporting and other manifestations of significance for the Republic of Serbia;
2) During international events, political, scientific, cultural-artistic, sporting and other meetings in which the Republic of Serbia is represented, in accordance with the rules and practices of such meetings;
3) As part of forms of public documents, with that is prescribed by law and regulations based on the law;
4) As part of the insignia on uniforms of officials of state bodies, with it is prescribed by law and regulations based on the law;
5) On official invitations, greeting cards etc. used by the Chairman and Vice-Chairmen of the National Assembly, the Prime Minister, the Vice-Prime Ministers and Ministers, the Chairman of the Constitutional Court, the Chairman of the High Cassation Court, the Public Prosecutor of the Republic, the Governor of the National Bank of Serbia, the Chairman of the State Revision Institution and the Ombudsman;
6) On the military flags of the Republic of Serbia and command and rank flags, in accordance with rhe regulations establishing such flags;
7) On aircrafts, ships and other vessels, under conditions determined by separate regulations;
8) In other cases, if its use is not against the prescriptions of this Law.Displaying with other coats of arms
Article 16.
If the coat of arms of the Republic of Serbia is displayed in the Republic of Serbia together with one or more domestic or foreign coats of arms or other similar emblems, the coat of arms of the Republic of Serbia is set, depending on the placement of the coats of arms:
1) In the centre of a circle, clearly visible - if the other coats of arms are placed in a circle;
2) At the vertex of a semicircle - if the other coats of arms are placed in a semicircle;
3) At the first place in a row, i.e. on its left side as viewed from the front - if the coats of arms are placed in a row;
4) At the right side, as viewed from the front, of the coat of arms of a foreign state or an international organization - if such coat of arms is displayed in the Republic of Serbia on the occasions of an official visit of an accredited representative of the foreign state or of the international organization.III. THE DESIGN AND THE USE OF THE FLAG
The State and the National flag
Article 17.
The flag of the Republic of Serbia exists and is used as the State flag and the National flag, in proportions 3:2 (length to height).The State flag
Article 18.
The State flag is a horizontal tricolour with equally high fields, from top to bottom: red, blue and white, with overall the lesser coat of arms set towards the hoist at 1/7 of the total flag length.The National flag
Article 19.
The National flag is a horizontal tricolour with equally high fields, from top to bottom: red, blue and white.The use of the State flag
Article 20.
The State flag is permanently flown from the main entrance of the buildings of the state bodies, except the National Assembly, and in their official halls.
The State flag is flown:
1) On the main entrance of the building of the National Assembly during the sessions and on the state holydays of the Republic of Serbia;
2) On the main entrance of the buildings of the bodies of regional autonomy and local self-governmnet and public services during the state holydays of the Republic of Serbia.
If in a building are official halls of several state bodies, a single flag is flown.Particular cases of the use of the State flag
Article 21.
The State flag is used on aircrafts, ships or other vessels designating their affiliation to the Republic of Serbia, under conditions and manners determined with particular regulations.Display on polling stations
Article 22.
The State flag is displayed on the polling stations on the election day for the state bodies.Display on the mourning days
Article 23.
On the mourning days, all state bodies, bodies of the regional autonomy and local self-governemnt and public services display the state flag of the Republic of Serbia on half staff i.e. half mast.Other cases of the use of the State flag
Article 24.
The State flag may be displayed:
1) On celebrations and other ceremonial manifestations when events significant of the Republic of Serbia are officially marked;
2) During international meetings, competitions and other meetings (political, scientific, cultural-artistic, sporting etc.) where the Republic of Serbia participates or it is represented, in accordance with the rules and practices of such meetings;
3) In other cases, if its use is not against the prescriptions of this Law.The Standard
Article 25.
The Standard is the State flag in square shape used by the President of the Republic and by the Chairman of the National Assembly.The Standard of the President of the Republic
Article 26.
The Standard of the President of the Republic is a horizontal tricolour, which, within a white border with interlaced series of blue and red triangles with their bases towards the outer edge and with a red deltoid with each corner, has fields of the same height, from top to bottom: red, blue and white, and over these fields the greater coat of arms.The Standard of the Chairman of the National Assembly
Article 27.
The Standard of the Chairman of the National Assembly is a horizontal tricolour with fields of the same height, from top to bottom: red, blue and white, and over these fields the greater coat of arms.The use of the National flag
Article 28.
The National flag is permanently flown from the main entrance of the building of the National Assembly and the main entrance of the building of the bodies of regional autonomy and local self-government and public services.
If in a single building are official halls of several bodies of regional autonomy and local self-government and public services, a single flag is flown.
The National flag is displayed on the polling stations on the election day for the bodies of regional autonomy and local self-government.
If the elections for the state bodies and the bodies of regional autonomy and local self-government are held simultaneously, the State flag is displayed on the polling stations.Other cases of the use of the National flag
Article 29.
The National flag may be displayed:
1) during celebrations, ceremonies and other cultural, sporting and similar manifestations;
2) In other cases, if its use is not against the prescriptions of this Law.Display with other flags
Article 30.
If the flag of the Republic of Serbia is displayed in the Republic of Serbia together with other domestic or foreign flags, the flag of the Republic of Serbia, depending on the placement of the flags, is set:
1) In the centre of a circle, clearly visible - if the other flags are placed in a circle;
2) At the vertex of a semicircle - if the flags are placed in a semicircle;
3) At the head of a file - if the flags are placed in a file;
4) At the first place in a row, i.e. on the left side as viewed from the front - if the flags are placed in a row;
5) At the head of a group - if the flags are placed in a group.
If the spear of the flag of the Republic of Serbia is crossed with the spear of another flag, the spear of the flag of the Republic of Serbia must be set in front of the other flag, as viewed from the front.
If the flag of the Republic of Serbia is displayed with two other flags, the flag of the Republic of Serbia is set in the middle.
If the flag of the Republic of Serbia is displayed next to another flag, it is set always on the left side, as viewed from the front.
Exceptionally, the flag of the Republic of Serbia is set on the right side, as viewed from the front, to the flag of a foreign state or an international organization, if that flag is displayed in the Republic of Serbia on the occasions of an official visit of an accredited representative of the foreign state or the international organization.The rules for the display of the flag
Article 31.
If the flag of the Republic of Serbia is displayed over a street or a square positioned vertically, the flag should be set so that the top field of the flag is:
1) On the North side - is the street stretches East-West / West-East;
2) On the East side - is the street stretches North-South / South-North;
3) On the East side of a circular square.
If the flag of the Republic of Serbia is displayed vertically on a table, stage or some other honorary place, the top field of the flag is the first on the left side, as viewed from the front.
If the flag of the Republic of Serbia is displayed on a pulpit, it may be displayed on a staff on the right side of the speaker or on the wall behind the speaker, so that he does not obscure it.
If the flag of the Republic of Serbia is laid over a hearse, it may cover the coffin along its length, so that the top field of the flag is on the left side, as viewed from the front. The flag should be removed with dignity before laying down the coffin in a grave and it should not touch the ground.Regulations on the display period
Article 32.
The flag of the Republic of Serbia is, as a rule, displayed during the daylight. During the night and under adverse atmospheric conditions the flag is not displayed. Exceptionally, the flag may be displayed during the night provided it is properly illuminated.
The flag of the Republic of Serbia is raised and lowered, displayed and removed, and carried with the usual hnours (standing up, saluting etc.)Prohibited manners of display
Article 33.
The flag of the Republic of Serbia may not be displayed so that it touches the ground, nor as a backing, mat, bedding, curtain or drapery. The flag may not be used to cover vehicles and other objects, neither to decorate conference tables or pulpits, except in the case of a table flag.IV. THE ANTHEM OF THE REPUBLIC OF SERBIA
[...]V. AUTHORITIES TO ADOPT REGULATIONS
Authority for the Government
Article 39.
The Government regulates further criteria, manners and conditions for performance of the anthem of the Republic of Serbia.Authority for the responsible ministers
Article 40.
The further regulations regarding the use of the anthem, the coat of arns and the flags of the Republic of Serbia prescribes:
1) The minister responsible for defence - on their use in the Army of Serbia;
2) The minister responsible for the internal affaires, in agreement with the minister responsible for defence - for certain objects at the borders of the Republic of Serbia and other objects in the Republic of Serbia near the borders;
3) The minister responsible for the foreign affairs - for diplomatic and consular representations of the Republic of Serbia abroad and for official dociments of the Minsitry of Foreign Affaires (warrants, international agreements folders, ratification instruments etc.);
4) The minister responsible for traffic - for aircrafts, ships and other vessels, for marking of their state affiliation to the Republic of Serbia.VI. PENALTY DETERMINATION
Misdemeanours
Article 41.
A legal person shall be fined between 50.000 and 500.000 dinars for misdemeanour:
1) If uses the flag, the anthem or the coat of arms of the Republic of Serbia in shape or contents or melody that is not determined by the Constitution of the Republic of Serbia or the law (Article 5 of this Law);
2) If uses the flag of the coat of arms of the Republic of Serbia as merchant or trade mark, pattern or model or any other sign marking the merchandise or services (Article 5. of this Law);
3) If displays a coat of arms or a flag of a foreign state in the Republic of Serbia without the display of the coat of arms i.e. the flag of the Republic of Serbia, except when that is determined with confirmed international agreements (Article 8. of this Law).
For the acts from the paragraph 1 of this article, the responsible person in the legal person shall be fined for misdemeanour with between 5.000 to 25.000 dinars.
Article 42.
A legal person shall be fined between 40.000 and 400.000 dinars for misdemeanour if displays the flag or the coat of arms of the Republic of Serbia that are damaged or unsuitable for use (Article 6 of this Law).
For the acts from the paragraph 1 of this Article, the responsible person in the legal person shall be fined for misdemeanour with between 5.000 to 25.000 dinars.
A physical person shall be fined between 5.000 and 20.000 dinars for misdemeanour if displays the flag or the coat of arms of the Republic of Serbia that are damaged or unsuitable for use (Article 6 of this Law).Safeguard measure
Article 43.
To the perpetrators of the misdemeanours of the Articles 41 and 42 of this Law, beside the fines, a safeguard measure of seizure of objects used in the misdemeanour may be determined.VII. TRANSITIONAL AND FINAL DETERMINATIONS
Adoption of regulations
Article 44.
The Governmnet and the responsible ministers from Article 40 of this Law shall adopt the regulations for performance of this Law within 90 days since its validity.Abrogation of certain laws
Article 45.
With the day of validity of this Law, the following laws are abrogated:
1) The Law on the Use of the Flag, the Anthem and the Coat of Arms of the Federal Republic of Yugoslavia (Službeni list SRJ, 66/93 & 24/94);
2) The Law on the Use of the Coat of Arms of the Socialist Republic of Serbia (Službeni glasnik SRS, 6/85).Validity of the law
Article 46.
This Law is valid from the eighth day of its publishing in the official gazette of the Republic of Serbia.
Željko Heimer, 22 May 2009
