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26 June 1991 - Ljubljana, the Square of the Republic

Slovensko

On the enforcement of the constitutional act on the autonomy and independence of the republic of Slovenia

Article 1

Under this law, the Organs of the Republic of Slovenia assume the implementation of the rights and obligations which under the Constitution of the Republic of Slovenia and the Constitution of the SFRY were transferred to the organs of the SFRY.

Article 2

The term of office of the delegates from the Republic of Slovenia to the Federal chamber of the Assembly of the SFRY expires. The term of office of the delegates of the Assembly of the Republic of Slovenia to the Chamber of the Republics and provinces of the Assembly of the SFRY who performed this office until this law became effective, and the term of office of the delegates of the Assembly of the Republic of Slovenia to the Chamber of Republics and provinces of the Assembly of the SFRY who were elected at the joint session of all chambers of the Assembly of the Republic of Slovenia on July 30, 1990, likewise expire. The Assembly of the Republic of Slovenia shall elect a 12 member delegation which under the Assembly's authorization shall participate in negotiations in the SFRY Assembly on the procedure of the dissolution of the former SFRY, negotiations on the setting of current issues and negotiations on the possible creation of a community of sovereign states on the territory of the former SFRY. The former member of the SFRY Presidency from the Republic of Slovenia is authorized as the representative of the Republic of Slovenia and in accordance with the guidelines issued by the Assembly of the Republic of Slovenia to participate in the work of the SFRY Presidency until the termination of the process of dissolution of the SFRY. In the implementation of the tasks under this law, the state organs of the Republic of Slovenia shall cooperate with the corresponding organs of the former SFRY.

Article 3

International agreements concluded by Yugoslavia and relating to the territory of the Republic of Slovenia will be effective on the territory of the Republic of Slovenia. The Executive Council of the Assembly of the Republic of Slovenia shall within three months submit to the Assembly of the Republic of Slovenia the list of international agreements relating to the Republic of Slovenia on the basis of which list the Assembly of the Republic of Slovenia shall adopt the act on notification of other parties to these international agreements.

Article 4

The federal regulations which were effective in the Republic of Slovenia at he moment of enforcement of this law shall remain in force in the Republic of Slovenia until the adoption of the corresponding regulations by the Republic of Slovenia provided they are not inconsistent with the legal order of the Republic of Slovenia and unless otherwise defined under this law. The competences of the organs and organizations of the SFRY under the regulations referred to in the preceding paragraph shall in accordance with this law be transferred to the organs and organizations of the Republic of Slovenia. If such organ or organization does not exist, the Executive Council of the Assembly of the Republic of Slovenia shall determine a competent interim organ or organization.

Article 5

The Bank of Slovenia, the Republican Customs Administration, the Republican Foreign Exchange Inspectorate, the Republican Air Traffic Administration, the Republican Telecommunications Administration, the Bureau of Standards and Measures of the Republic of Slovenia and the Institute for Industrial Property Protection of the Republic of Slovenia shall start operating as from the day when this law comes into force. The institutions referred to in the first para of this article shall take over their competences in accordance with the law or under an agreement with the corresponding organs of the former SFRY.

Article 6

The administrative organs of the SFRY and their units or parts which performed the tasks from their sphere of activity on the territory of the Republic of Slovenia shall be taken over by the administrative organs of the Republic of Slovenia. The employees in the organs referred to in the preceding para shall continue working as employees of the administrative organs of the Republic of Slovenia. The time limit within which these employees will be obliged to fulfil the prescribed general conditions for employment in the organs of the Republic of Slovenia shall be determined by law.

Article 7

Diplomatic and consular missions, cultural and information centres and other SFRY representations abroad established under the law on the conduct of foreign affairs falling under the competence of federal administrative organs and federal organizations (Official gazette of the SFRY, no 56/81) shall cease to perform the tasks in their sphere of competence for the Republic of Slovenia and its citizens and legal entities abroad unless otherwise determined by a decision of the Assembly of the Republic of Slovenia or under an agreement with the corresponding organs of the former SFRY. The Executive council of the Republic of Slovenia may with the prior consent of the Commission for international relations of the Assembly of the Republic of Slovenia conclude within the former SFRY an agreement authorizing the SFRY diplomatic and consular missions, cultural and information centres and other representations abroad to represent or protect the interests of the Republic of Slovenia and its subjects and legal entities abroad.

Article 8 All judicial and administrative procedures instituted in the organs of the SFRY shall continue in the competent organs of the Republic of Slovenia. Individual legal acts which were issued by the organs of the SFRY or the organs of other Yugoslav republics but which have not been enforced shall be enforceable in the territory of the Republic of Slovenia under the principle of genuine reciprocity and under condition that they are not inconsistent with the legal order of the Republic of Slovenia. Individual legal acts issued by the organs of other republics of the former SFRY after this law becomes effective shall be effective in the Republic of Slovenia in the cases and manner and under the conditions applicable to individual legal acts of foreign states.

Article 9

The Republic of Slovenia shall take over the administration of all movable and immovable property in the territory of the Republic of Slovenia which property until the enforcement of this law was under the administration of Federal organs and the commands, units and institutes of the Yugoslav people's army (YPA). The takeover of the YPA property shall be carried out gradually until the end of 1993 at the latest, in accordance with the regulations of the Presidency of the Republic of Slovenia, the property referred to in the previous para, which until the enforcement of this law was under the administration of YPA commands, units and institutes, be taken over for administration by the commands, units and institutes of the Territorial Defence of the Republic of Slovenia.

Article 10 The Executive Council of the Republic of Slovenia shall within three months propose to the Assembly of Slovenia the guidelines for negotiations towards determining the corresponding share of the Republic of Slovenia in immovable and movable property of the SFRY in the territory of Yugoslavia and in third countries, taking into consideration the share which the Republic of Slovenia has contributed to the property of the SFRY.

Article 11

The Republic of Slovenia shall on the basis of an agreement on the legal succession of the SFRY take part of the SFRY national debt which refers to the Republic of Slovenia and that part of the SFRY-guaranted debtor obligations whose beneficiaries are legal entities based on the territory of the Republic of Slovenia. The Republic of Slovenia shall take over the corresponding part of the SFRY national debt whose immediate beneficiary is not ascertainable. The Executive Council of the Republic of Slovenia is authorized to negotiate the takeover of the parts of the SFRY national debts referred to in the first and second paragraphs of this article.

Article 12

The national archives of the SFRY kept in the territory of the Republic of Slovenia shall belong to the Republic of Slovenia. All national archives of the SFRY which have their origin in the territory of the Republic of Slovenia shall belong to the Republic of Slovenia. The Republic of Slovenia shall take over the SFRY claims which concern the national archives in third countries and have their origin in the territory of the Republic of Slovenia, and the national archives in third countries which relate to the Republic of Slovenia. The Executive Council of the Republic of Slovenia shall take all necessary steps to obtain the national archives referred to in the second and third paragraphs of this article and to determine the equitable share of the Republic of Slovenia in other national archives of the SFRY.

Article 13

The citizens from other republics who on the day of the plebiscite on the independence and autonomy of the Republic of Slovenia, December 23, 1990, were permanent residents in the Republic of Slovenia and actually live in Slovenia shall, until they obtain citizenship of the Republic of Slovenia of Slovenia under Article 40 of the Law on Citizenship in the Republic of Slovenia, or until the expiry of the terms determined in Article 81 of the Law on Foreign Persons, have the same rights and obligations as the citizens of the Republic of Slovenia, except in cases specified under Article 16 of this law.

Article 14

Persuant to the agreement under Article 9 of this law, the Republic of Slovenia guarantees the active military personnel, professional soldiers and civilians employed in the Yugoslav People's Army the status, social and other rights obtained prior to the enforcement of this law under Federal regulations in the commands, this and institutions of the YPA which, under article 4 of the Constitutional law on Amendments XCVI and XCVII TO THE Constitution of the Republic of Slovenia relating to national defence, are renamed the commands, units and institutions of the Territorial Defence of the Republic of Slovenia, provided that, within the period defined by the act of renaming, they continue employment as members of the Territorial Defence of the Republic of Slovenia. The Republic of Slovenia also guarantees the rights referred to in the preceding para to other active military personnel, professional soldiers and civilians employed in YPA who continue employment in the Territorial Defence of the Republic of Slovenia.

Article 15 The military obligation of the citizens of the Republic of Slovenia who on the day this law becomes effective are performing their regular military service in the YPA shall be discontinued with the day this law comes into force. Their discharge from the YPA shall be regulated by the competent organs of the Republic of Slovenia in agreement with the organs of the SFRY. The Republic of Slovenia guarantees legal protection to all citizens of the Republic of Slovenia whose obligatory YPA military service terminates in accordance with this law.

Article 16

Physical persons who on the day this law becomes effective have no citizenship in the Republic of Slovenia and legal entities whose seat on the day this law becomes effective lies outside the Republic of Slovenia shall, on the basis of genuine reciprocity and until the rights and other real rights regarding immovable property guaranteed to the extent that these rights were enjoyed by them on the day this lax comes into force. Until the regulation of the rights of foreign persons to immovable property, the persons referred to in the preceding para cannot obtain property rights or other real rights to immovable property in the territory of the Republic of Slovenia except on the basis of inheritance and on conditions of reciprocity.

Article 17

Delegates from the Republic of Slovenia to the Federal Chamber of the Assembly of the SFRY and delegates of the Assembly of the Republic of Slovenia to the Chamber of the Republics and Provinces of the SFRY Assembly whose term expires under Article 2 of this law shall be guaranteed by the Republic of Slovenia the rights enjoyed by the officials of the Republic of Slovenia, or the officials of the former SFRY if the latter is for favourable for them. Persons who at the proposal of the organs of the Republic of Slovenia were elected to office or appointed to jobs in the organs of the former SFRY and whose term of office or employment in the SFRY organs expires shall be guaranteed by the Republic of Slovenia the rights enjoyed by the officials or employees in the government organs of the Republic of Slovenia, or the organs of the former SFRY if the latter is more favourable for them.

Article 18

The Republic of Slovenia shall guarantee the protection of the rights of veterans, disabled veterans, members of the families of fallen combatants and recipients of military pensions who have permanent residence in the Republic of Slovenia, and the rights of veterans, disabled veterans and members of the families of fallen combatants of the Yugoslav People's Liberation War in the Province of Friuli Venezia-Giulia in the Republic of Italy and the Province of Carinthia in the Republic of Austria, to the extent and under the conditions prescribed by the SFRY regulations prior to the enforcement of this law.

Article 19

The bank of Slovenia shall take over the guarantee for the dinar savings deposits and resources on the current accounts of citizens in banks within the territory of the Republic of Slovenia which prior to the enforcement of this law were guaranteed by the National Bank of Yugoslavia, as per the state of the deposits and accounts on the day this law becomes effective. The Bank of Slovenia shall take over the guarantee for the Postal Savings Bank dinar deposits and current account deposits of citizens with permanent residence on the territory of Slovenia, which deposits prior to the enforcement of this law were guaranteed by the National bank of Yugoslavia, as per the state of accounts on the day this saw becomes effective. The Republic of Slovenia shall take over the guarantee for foreign exchange on foreign exchange account and savings books deposited in the banks on the territory of the Republic of Slovenia, which foreign exchange resources prior to the enforcement of this law were guaranteed by the SFRY, as per the state on the day this lax becomes effective.

Article 20

The provisions of the criminal law of the SFRY (Official Gazette of the SFRY, no 44/76, 34/84, 74/87, 57/89 and 38/90) under which the SFRY, its legal system, its organs, its representatives or state symbols are designated as the subject of legal protection, or which in some other way determine the protection in terms of that lax relative to the former territory of the SFRY or the former citizenship in the SFRY, shall be applied in the Republic of Slovenia as provision for the protection for the protection of the Republic of Slovenia, its legal system, its organs, representatives and state symbols, i.e. legal protection under criminal law shall be limited to the territory and to citizenship in the Republic of Slovenia unless these are protected under the criminal law of the Republic of Slovenia (Official Gazette of the SRS, no 12/77, 3/78, 19/87, 47/87, 33/89 and 5/90). As regards the enforcement of the criminal laws of the Republic of Slovenia for criminal offences committed outside the territory of the Republic of Slovenia, the provisions of Chapter XII of the criminal law of the SFRY shall be applied with the proviso that they be restricted to the criminal legislation of the Republic of Slovenia and that criminal offences committed outside the territory of the Republic of Slovenia be considered as criminal offences committed abroad.

Article 21

The Executive Council shall be charged with enforcing this lawand shall within its competences adopt acts and measures necessary for its implementation and notify the Assembly of the Republic of Slovenia every three months at the shortest.

Article 22

Irrespective of Article 74 of the Law on Foreign Affairs, Article 39 of the Law on the Organization and Sphere of Activity of the Republican Administration and Article 18 of the Price act, the above laws shall come into force with the day this law becomes effective.

Article 23

This law becomes effective with the day of its promulgation.