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Montenegro: Law on the State symbols

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The Law on the State symbols and the Statehood day of Montenegro (Zakon o dr avnim simbolima i Danu dr avnosti Crne Gore) was adopted on 12 July 2004


I. Basic prescriptions

Article 1. This Law determines the coat of arms, the flag and the anthem of Montenegro (henceforward: the State symbols) and it determines modes of their usage and protection.
This Law also determines the Statehood day of Montenegro.

Article 2. The State symbols represent Montenegro and they express the belonging to Montenegro.

Article 3. The Government of the Republic of Montenegro (henceforward: the Government) determines the etalon of the coat of arms, the etalon of the flag and the music sheet of the anthem.
The Chairman of the Parliament of the Republic of Montenegro preserves the original of the coat of arms, the original of the flag and the music record of the anthem.


II. State Symbols

1. Coat of arms
Article 4. The coat of arms of Montenegro (henceforward: the coat of arms) is in shape of a golden crowned double-headed eagle with spread wings, with a sceptre in its right claw and an orb in its left claw on a red base. On the eagle's chest is a shield with a golden lion passant. The lion is on a green field [base] with a blue background. The crown above the eagle's heads and the sceptre are golden topped with a cross. The orb is blue with golden sheaths and cross.
2. Flag
Article 5. The flag of Montenegro (henceforward: the flag) is red with the coat of arms in the middle and with a golden border.
The ratio of the length to the width of the flag is two to one.
The coat of arms in the flag occupies 2/3 of its height.
The midpoint of the coat of arms matches the intersection point of the diagonals of the flag.
The width of the golden border is 1/20 of the flag's shorter edge.
3. Anthem

Article 6. [...]

III. Use of the State symbols

Article 7. The coat of arms and the flag are used in the shape and contents determined by this Law.

Article 8. The use of the coat of arms and the flag is free in the artistic creativity and the educational work, in manners not disturbing the public morale, reputation and dignity of Montenegro.

Article 9. In the coat of arms and the flag, it is not permitted to correct, add or change anything.
Exceptionally, and if it is determined with special regulations, the coat of arms and the flag could be used as component part of other emblems or signs of the State bodies and other institutions.

Article 10. The coat of arms and the flag can not be used as merchant or service seal, sample or model, nor as any other sign marking the merchandise and services.

Article 11. The coat of arms and the flag can not be used if they are defective or otherwise inappropriate for use due to the unsuitable appearance.
A defective or unsuitable for use coat of arms or such flag are revoked from use.

1. Use of the coat of arms

Article 12. The coat of arms is used:
1) in the State seal;
2) in the seals of other State bodies and local self-management bodies;
3) in the official halls of the State bodies and the local self-management bodies and on official inscriptions on the buildings in which these are located;
4) in rooms of educational institutions in which the educational process is performed and on inscriptions on buildings in which these institutions are located;
5) on buildings of the representations of Montenegro abroad;
6) on official acts used by the representatives of the State bodies;
7) on charters, diplomas and recognitions granted by Montenegro;
8) on diplomas and attestations on finished education;
9) on identity cards of members of the Parliament, members of the Government, judges, inspectors and other officials.

Article 13. The coat of arms may be used:
1) during political, scientific, cultural, artistic, sporting and other manifestations in which Montenegro is represented;
2) on official acknowledgements, greeting cards, invitations and other acts of the President of Montenegro, the Chairman of the Parliament, the Prime Minister, the Chairman of the High Court, the Chairman of the Constitutional Court, the Supreme State Attorney and the Human Rights Ombudsman;
3) on official uniforms;
4) in artistic creations and in educational work;
5) in other cases defined by the law.

Article 14. When displayed in Montenegro together with one or more coats of arms of other states or international organizations, the coat of arms takes the place of honour.
The place of honour is considered the central place in a circle, the top of the semicircle, the first place in a row, column or group of coats of arms, the place on the right, as seen from the front, from the coat of arms of an other state or international organization.

2. Use of the flag

Article 15. The flag is permanently hoisted on:
1) the building of the Parliament of Montenegro;
2) the buildings in which are official premises of the President of the Republic, the Prime Minister, the Chairman of the High Court, the Chairman of the Constitutional Court, the Supreme State Attorney and the Human Rights Ombudsman;
3) on the residence of the President of Montenegro.

Article 16. The flag is hoisted:
1) on the Statehood day of Montenegro and in days of other State holidays of Montenegro, on buildings in which are seated State bodies and bodies of the local self-management;
2) on the buildings of the representations of Montenegro abroad;
3) on aircrafts, ships and other vessels according to special regulations;
4) on voting sites during elections and referendums;
5) on the mourning days determined by the Government, half-masted.

Article 17. The flag may be hoisted:
1) during international meetings, political, scientific, cultural, artistic, sporting and other manifestations in which Montenegro is represented, according to the rules of such events;
2) during celebrations, festivities, sporting and other manifestations;
3) in other cases determined by the law.

Article 18. When hoisted in Montenegro together with one or more flags of other states or international organisations the flag takes the place of honour.
The place of honour is considered the centre of a circle, the top of a semicircle, the first place in a row, column or a group of flags, the central position between the flags and the left side as seen from the front from the flags of other states or international organisations.

Article 19. The flag is risen, lowered, hoisted, taken down and carried with the usual honours (standing up, saluting etc.).

Article 20. The flag can not be hoisted so as to touch the ground, nor should be used as a table cloth, curtain or similar.

3. Performance of the anthem

[...]


IV. Statehood day of Montenegro

Article 26. The Statehood day of Montenegro is thirteenth of June (henceforward: the Statehood day).

Article 27. [...]


V. Historical symbols

Article 28. The State and military symbols of the Principality of Montenegro and of the Kingdom of Montenegro, symbols of the People's Republic of Montenegro and the Socialist Republic of Montenegro and the symbols of the Republic of Montenegro determined by the law on the coat of arms and the flag of the Republic of Montenegro (Službeni list RCGa, 56/93) are protected in the same manner as the State symbols determined by this Law.

VI. Penalty prescriptions

Article 29. A fine amounting between the ten-fold and thirty-fold amount of the minimal wages of Montenegro shall punish a corporate body, if it:
1) uses the coat of arms or the flag in shape and contents that are not prescribed by this Law (Article 7);
2) uses the coat of arms or the flag in artistic creation or educational work in way that disturbs the public morale, reputation and dignity of Montenegro (Article 8);
3) acts against the prescriptions of Article 9 of this Law;
4) uses the coat of arms or the flag as merchant or service seal, sample or model, or as any other sign marking the merchandise and services (Article 10);
5) uses the coat of arms or the flag defective or otherwise inappropriate for use due to the unsuitable appearance (Article 11);
6) uses the flag against the prescriptions of Article 20 of this Law;
7) introduces any changes in the text or the melody of the anthem (Article 22 Paragraph 2);
8) performs the anthem in ways and in occasions that offend the reputation and the dignity of Montenegro (Article 25).
For the offense of Paragraph 1 of this Artice, the responsible individual in the corporate body shall be fined with the amount between one half to twenty-fold amount of the minimal wages in Montenegro.
For the offense of Paragraph 1 of this Artice, a physical person shall be fined with the amount between one half to twenty-fold amount of the minimal wages in Montenegro.
For the offense of Paragrpah 1 of this Artice, it may be performed a measure of confiscation of the items with which the offense was performed.

VII. Transitional and final prescriptions

Article 30. The etalon of the coat of arms, the etalon of the flag and the sheet music of the anthem shall be determined within 60 days of the validity of this Law.

Article 31. With the day of validity of this Law, there are abrogated the Law on the coat of arms and the flag of the Republic of Montenegro (Zakon o grbu i zastavi Republike Crne Gore, Službeni list RCGa, 56/93) and the Law on the holiday of the Socialist Republic of Montenegro (Zakon o prazniku Socijalističke Republike Crne Gore, , 22/76).

Article 32. This law becomes valid on the next day after being issued in the offical gazette Službeni list Republike Crne Gore.

Unofficial translation by Željko Heimer, 13 July 2004