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Law Nr. 03/L-038

 

ON USE OF STATE SYMBOLS OF KOSOVA

 

The Assembly of Republic of Kosova,

Pursuant to Article 65 (1) of the Constitution of Republic of Kosova and for the purpose of regulating the Use of State Symbols of the Republic of Kosova,Hereby adopts

 

LAW ON USE OF STATE SYMBOLS OF KOSOVA

 

CHAPTER I

GENERAL PROVISIONS

 

Article 1

Aim

With this Law is regulated the use of state symbols of the Republic of Kosova.

 

Article 2

State symbols of Republic of Kosova

2.1 The state symbols of the Republic of Kosova are: the flag, the emblem and anthem.2.2 With the flag, emblem and anthem, the Republic of Kosova shall be represented and the identity of Republic of Kosova shall be shown.2.3 The flag, emblem and anthem of the Republic of Kosova shall be used according to this Law and other respective sub legal acts that shall be enacted in order to implement this Law.

 

Article 3

The form and the content of the state symbols of Republic of Kosova

3.1. The form, size of the flag and emblem, content of the text and the score of the anthem are determined by the Assembly of Republic of Kosova.

3.2. The geometric rules of the sight and the colours which form the emblem and the flag and the text and writing of notes for the melody of the anthem determined by the Republic of Kosova Assembly shall be integral part of this Law.

3.3. The original of Kosova symbols is stored in the archive of the Republic of Kosova Assembly, in compliance with the rules and procedures determined in the Law No. 2003/7 for the archive subject and archives (promulgated with UNMIK Regulation No. 2003/20, from June 23, 2003, for promulgation of the Law approved by the Republic of Kosova Assembly on the archive material and the archive.

 

CHAPTER II

THE USE, PLACING AND THE ORDER OF THE FLAG OF THE REPUBLIC OF KOSOVA

 

Article 4

The use of state flag of the Republic of Kosova by the state institutions

4.1. The state flag is placed in the internal and external environments of the state and public institutions. In order to arrange the use of the state flag in the internal and external environments of the institutions, the Government of the Republic of Kosova shall adopt respective sub-legal acts.

4.2. The state flag can be placed in the internal environment of public offices, in universities, in the premises of political parties, in the premises of science, religion buildings and various organisations. In these cases the flag is placed on the right of the main place or on the work-desk.

4.3. The national flag shall be used in ceremonial meetings of representatives of state institutions with representatives of foreign states:

a) freely in official’s tables used by legal persons;

b) in premises and vehicles of Republic of Kosova representatives in foreign countries; and

c) in all cases when Republic of Kosova is represented.

 

Article 5

The use of the state flag of the Republic of Kosova by citizens

Every Kosovo citizen has the right to use the state flag of Republic of Kosova (hereinafter: the state flag) in accordance with this Law and the legislation in force.

 

Article 6

The use of national flags

6.1 Every Kosovo citizens has the right to use national flags in accordance with this Law and other legislation in force.

6.2 Citizens of all communities in Republic of Kosova have the right to use the flags individually or as a community in accord with this Law and the international standards.

6.3 Regarding the way of using of the national flags in the internal and external environments of public institutions, the Kosova government shall enact respective sub legal acts.

6.4 It is forbidden to place national flags in public environments if they are old or damaged.

 

Article 7

Placement of state flag

7.1 The state flag is always placed:

a) in the residence of the Republic of Kosova president, the residence of the Republic of Kosova Assembly, and the residence of the Republic of Kosova government;

b) in the check points at border crossings;

c) in the buildings of the Republic of Kosova’s representative offices abroad and in the official vehicles used by the head of the mission while performing the official duties, in accord with the international provisions and the state customs in which the mission is, respectively in accord with the rules and practices of the international organisation, where the representative mission is; and

d) during the official holidays of the Republic of Kosova.

7.2 The state flag shall be placed:

a) on the occasion of the official solemnity escorting the President of the Republic of Kosova, the President of the Republic of Kosova Assembly, the Prime minister, when they go from the Republic of Kosova in visit to foreign states and in their reception when they return to the Republic of Kosova;

b) on the occasion of the official arrival of the leader of a foreign state or the authorized representative of an international organization in the Republic of Kosova, respectively on the occasion of their departure when they leave the Republic of Kosova;

c) more detailed rules regarding the use of the state flag determined in item 1 and 2 are foreseen in the ceremonial of the state protocol.

7.3. The state flag is also placed:

a) in the occasion of local and international meetings, public meetings, sports cultural and other competitions, humanitarian military and other shows in which the Republic of Kosova is presented, respectively in which the Republic of Kosova is taking part.

b) in case of official holidays.

7.4 The state flag may be placed:

a) on the occasion of memorial days;

b) in public manifestations which are important for the Republic of Kosova, as determined by the Government;

c) in other cases, if the use of the flag is not in contrary to this Law.

7.5 In all the cases of placement of the state flag in addition to other flags, the state flag can not be smaller than other flags.

7.6. It is forbidden to place in public the flags if they are old or damaged.

 

Article 8

Placement of the state flag at special cases

8.1 In mourning days proclaimed in the Republic of Kosova, the state flag shall be placed in half flagstaff. The way of placement and the way of remove of the state flag is determined with sub- legal acts adopted by the Republic of Kosova government.

8.2 The flag hold by units of the Kosova Security Force (KSF) is never placed at half flagstaff.

8.3 Raising the state flag in KSF, police and border or similar environments, is done with respect and special solemnity, according to the determined regulations enacted by respective ministries and approved by the Republic of Kosova’s government.

8.4 At state funeral ceremonies the flag is used to cover the coffin. It is not allowed at any cases that the flag is put in the grave or to touch the ground during the ceremony.

8.5 The flag is raised and lowered, it is placed and removed, respectively it is transported in case of official events with usual honour, in accord with the customs, respectively the provisions on flag honour.

 

Article 9

Ordering of Flags

9.1 In cases when the state flag is placed along with any other flag, looking ahead, it shall always be on the left.

9.2 In case that the state flag is placed together with two or more other flags on the crossed flagpoles seeing from the front side, the flagpole of the Republic of Kosova flag should be placed in front of the flagpoles of other flags.

9.3 When the national flag is unfurled along with any other flag, it shall always stay in the honored place in the right side. Other flags shall be placed on its left side with the same dimensions and flagstaff distance.

9.4 Placement of one or more foreign flags in public offices along with the national flag shall be done only in official ceremonies or meetings of two or multilateral foreign delegations of ministerial level and in cases when official agreements are signed.

9.5 The flag shall be placed in the high place, behind the speaker, when the flag is placed next to the oratory, or when is in the flagstaff, on his/her right side. Other flags shall be placed on the left side of the speaker.

9.6 If in different buildings the national flag is unfurled along with other flags of central or local institutions, it shall be placed at the highest point or with the highest flagstaff. No other flag shall be placed higher than the national flag or in its right side.

9.7 In multilateral international meeting, flags of these countries shall be placed in the left side of national flag and their order shall be determined according to alphabetic order.

9.8 If the Flag is placed to together with other flags the state flag is:

a) in the middle of the circle, so that could be seen clearly-if the flags are placed on the circle;

b) in the middle of the half circle if the flags line up on the half circle;

c) on the top of the column if the flags are lined-up in the column;

d) in the first place of the column, respectively, on the left if the flags are lined-up in the column;

e) on the top of the group if the flags are lined-up in groups.

 

Article 10

Distinctive Flags of the Institutions

10.1 To specify the difference and their identification, the following institutions have the right for distinctive flags:

a) The President of the Republic of Kosova;

b) The Government of Republic of Kosova;

c) The Ministry on KSF;

d) Ministry of Internal Affairs;

e) Ministry of Foreign Affairs;

f) Kosova Republic Security Force;

g) The Kosova Republic Protection Corps;

h) Kosova Republic Police; and

i) Municipalities of Republic of Kosova.

10.2 A distinctive flag according to paragraph 1 of this Article includes in itself all others. The Flag of the President of the Republic of Kosova is the first flag.

10.3. These Flags will be placed on the residencies and on the transportation vehicles of the respective institutions.

 

CHAPTER III

KOSOVA EMBLEM

 

Article 11

Placement of the emblem

11.1 The Republic of Kosova Emblem shall be placed:

a) in the Entrance of the State Institutions, together with their nomination;

b) in all official acts;

c) on the stamps of the state institutions;

d) on documents and agreements of the the Republic of Kosova with other states, based on reciprocity.

 

Article 12

The Use of the Emblem

12.1 The Use of the Republic of Kosova emblem is the exclusive right of the state organs.

12.2 The Republic of Kosova emblem shall be used as identification sign:

a) on the Seal, on the stampings, on the documentations signs and on signs of the organs state;

b) on the documents of the civil status and on the personal documents;

c) on the degrees and notes for final education;

d) for the demarcation of the border, at the border control stations and on the buildings of the state organs and in the rooms of these organs;

e) in and on buildings, which are residence of state organs;

f) in the premises of Republic of Kosova diplomatic representations and on transporting vehicles, that are used by head of the representations, in accordance with international agreements, with provisions and legislation of the state hosting the respective mission, respectively in line with regulations and practice of international organization, to which the mission is accredited;

g) in stamps and signs of documents of local community when performing specific tasks, respectively tasks from state competencies;

h) in stamps and signs of documents of companies and other organizations as well as private ones who have public authorization to perform specific tasks, respectively certain tasks of state competencies;

i) in invitations, felicitations, visit-cards, similar official identification cards used by the President of the Republic of Kosova, the President of the Assembly of the Republic of Kosova, the Prime Minister, ministers and heads of Kosova missions outside the country;

j) in invitations, felicitations, visit-cards, similar official identification cards used by deputies, functionaries and employees of state bodies;

k) on the occasion of international sport, cultural meetings and other competitions, humanitarian meetings and other performances where the Republic of Kosova is represented, respectively where participates in accordance with rules and tradition of such meetings;

l) with the emblem shall be also signed the aircraft and other public transport vehicles according to the conditions and the manner determined according to the provisions and general legal acts;

m) on other occasions and conditions determined according to the law;

n) on other occasions, if the use of the emblem is not in contradiction to the law.

 

Article 13

Ordering of the Emblems

13.1 The Republic of Kosova Emblem when presented with other state emblems shall be placed in more visible place or in the same place with them.

13.2 When the Republic of Kosova emblem is used beside the other emblem, looking ahead should always be in the left side. With the exception, when this emblem respectively the sign is used on the occasion of the official visit of the leader of foreign state, respectively the authorized representative of international organization, the emblem can be placed in the right side of the other state emblem or adequate sign of international organization,

13.3 If the Republic of Kosova emblem is used along with two other emblems, respectively other signs, the Republic of Kosova emblem shall be placed in the middle.

13.4 If the Republic of Kosova emblem is used with more foreign and local emblems, respectively adequate signs of international organizations or with similar signs, the Republic of Kosova emblem shall be placed:

a) in the middle of the circle and can be clearly seen, if the emblems and signs are lined-up in the circle;

b) in the middle of half circle and can be clearly seen, if the emblems and signs are lined-up in the half circle;

c) on the top of column, if the emblems and signs are lined-up in the column;

d) in the first place, respectively looking ahead, on the left side, if the emblems and signs are lined-up in a row;

e) on the top of the group, if emblems and signs are lined-up in groups.

 

CHAPTER IV

THE ANTHEM OF THE REPUBLIC OF KOSOVA

 

Article 14

Execution of the Kosova State anthem

14.1 The state anthem of the Republic of Kosova (hereinafter: Anthem) shall be performed in official ceremonies, and other occasions determined by respective laws.

14.2 When the anthem is performed persons shall stand at attention.

14.3 In every international activity, where our country is a party, the anthem shall be performed.

14.4 Only the first verse and the refrain of anthem shall be officially performed.

14.5 The anthem shall be intoned:a) on the occasion of official solemnity when the President of Republic of Kosova visits other states and on the occasion of return to Kosova;

b) on the occasion of arriving and escorting the Presidents of foreign states or senior officials or authorized representatives of international organizations;

c) on the occasion of placing wreaths on the monuments, martyr’s cemeteries and similar by official representatives of the Republic of Kosova, respectively representatives of foreign states or international organization.

14.6. Every Kosova inhabitant has the right to sing the anthem.

 

Article 15

Ordering of the intone/Execution of the Republic of Kosova state anthem

15.1 When the national anthem is executed together with the anthem of another country, the priority shall be given to the other country.

15.2 The official visit of a foreign president or prime minister shall be accompanied with execution of state anthems of the two countries. The anthem shall be executed after the anthem of the visitor’s country.

15.3 During the execution of the anthem, the KSF units stand at attention or according to the event, they honor with weapons. The soldiers shall honor the flag according to their rules, whereas the civil authorities and all other present shall stand up and at attention.

15.4. If two or more anthems executed, their turn shall be determined according to alphabetical order of the countries present at the meeting, but also other criteria may be determined.

15.5 If more than two anthems are executed, the Republic of Kosova anthem shall be executed the last one for hospitality reasons.

15.6 The anthem shall not be executed in that manner that will harm the honor and prestige of Republic of Kosova.

15.7. It is forbidden to intone the anthem for marketing purposes, respectively for advertising services.

 

Article 16

The Use of the Kosova State symbols by other juridical persons16.1 Parts of the state symbols can be used as component part of emblems and other signs of juridical persons, public and private, under the condition that this will not hurt the Republic of Kosova prestige.

16.2 The Using of the Republic of Kosova symbols shall be allowed for artistic, musical and for educative purposes on the condition not to infringe upon the honor and prestige of Republic of Kosova.

16.3 The Republic of Kosova Symbol and their composed parts are not allowed to become legally protected signs or to used as signs, model respectively the example or as a trade mark.

16.4 The Republic of Kosova Government shall promulgate respectively sub-legal acts for implementation of the preliminary paragraphs.

 

CHAPTER V

TRANSITIONAL PROVISIONS

 

Article 17

Offence Sanctions

17.1 With fine with the monies from 500-1000 Euro shall be punished the juridical persons in case of

a) use the flag or emblem in objection with paragraph 3 of Article 2 of this law;

b) use the emblem and the flag on the form and content, which isn’t determined with this law and legal provisions into force;

c) in the public place shall shown the emblem and the older flag, on irregular form, damaged or in other manner damaged;

d) does not use emblem and flag when the use is obligatory;

e) execution of the Kosova anthem in objection with paragraph 6 of Articles 15 of this law and legal provisions that are into force.

17.2. For violation from paragraph 1 of this article shall be pronounced the fine of 250-500 euros to the responsible officer of the juridical person.

17.3. For violation from the paragraph 1 of this article shall be pronounced the fine of 250-500 euros responsible person and state organ.

17.4. Punishment with the monies of 150-300 euros shall be punished the physic person for violations of the items a, b, c, d and e of this article.

 

Article 18

Respective Sub-legal acts

The Republic of Kosova Government shall issue respective sub-legal acts for implementation of this law.

 

Article 19

Entry into force

The present law shall enter into force after adopted by Assembly of Republic of Kosova and after promulgated in the Official Gazette.

 

Law Nr. 03/L-038

20 February 2008

 

President of the Assembly of Republic of Kosova

Jakup KRASNIQI