ОСНОВНЕ КАРАКТЕРИСТИКЕ ДЕКЛАРАЦИЈЕ ПРАВА ЧОВЕКА И ГРАЂАНИНА
BASIC CHARACTERISTICS OF THE DECLARATION OF RIGHTS OF MAN AND THE CITIZEN

Summary/Abstract: The Declaration of rights of man and the citizens has been inspired by the Declaration of Independence of the United States of America. In connection with sub-paragraph 3 of the Declaration, the author emphasizes the significance of people’s sovereignty as the starting principle. In sub- -paragraph 4 the notion of freedom is defined in terms preventing exercizing the freedom which would violate the rights of others, while execution of natural rights of every man has only those limits which ensure to other members of society the enjoyment of these same rights. In sub-paragraph 5 the principle is proclaimed according to whiche everything which is not expressly prohibited — is allowed. According to sub-paragraph 6 the law is an expression of the will of the people. The other idea in this sub- -paragraph relates to the principle of equality of citizen before the law. At the same time the duty of state is provided for to protect the rights of citizens. Also important is the principle of presumption of innocence — until the guilt has been proved (sub-paragraph 9). The provisions of sub-paragraph 10 and 11 contain the principles of freedom of thinking, of speech and of press. Finally, the sub-paragraph 16 specifies the principle of organization of state power according to the rule of division of power.

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