Does the Yugoslav Army have a supreme commander?

This problem is solved in the following manner: "The public, and especially people who have a more complete picture of the state of affairs in many states, as well as of the structure and the principles of functioning within the Yugoslav Army, are familiar with the fact that command is one function in it that is specific and irreplaceable.  That is why it can be (and should be) considered formal the fact that the FRY Constitution and other legal-normative acts do not explicitly use the term supreme commander..."

To further make things even more clear, Tanjug states: "For a more complete understanding of the seeming problem at hand, it is necessary to apostrophize the most important principles: single command and unified command.  This leads us to the conclusion (fundamentally, logically and linguistically) that the position of President of FRY is justifiably considered the position of supreme commander in commanding the Yugoslav Army.  It is a matter of a de facto state of affairs, which means that its linguistic articulation is merely yet another means for its confirmation..."

Furthermore: "The position of FRY President includes within it the position of supreme commander, regardless of the fact that it is not explicitly stated and, what is most important, it does not change the fundamental nature of the relation between the FRY President and the Yugoslav Army."

Finally: "It is an undeniable and incontestable fact that the FRY Constitution and specific laws oblige the FRY President to command the Yugoslav Army both in times of peace and war in accordance with decisions adopted by the Supreme Defense Council as a collective body of which he is the President.

Starting from the fact that during war the Supreme Headquarters of the Yugoslav Army have the role of the Headquarters of Supreme Command, it is only a logical conclusion that the Headquarters of Supreme Command (which is headed by the Chief of the Headquarters of Supreme Command, including also the Chief of the Supreme Headquarters of the Yugoslav Army) should be subservient, both in times of peace and war, to the supreme commander."

Retired Colonel of the Yugoslav Army and Advisor with the Movement for a Democratic Serbia, Dragan Vuksic, says about Tanjug and its arguments concerning the supreme commander that "It is true, which Tanjug admits, that there is not term supreme commander in the Constitution and the laws which come from the Constitution.   That which is not written in the Constitution cannot be applied to anyone, nor can anyone apply such things to himself or herself.  This is only not true in our country, for this is not the first time that the Constitution is being trampled and abused.  Nor will it be that last.  For as long as the present Czar continues to be Czar, things will remain thus."

In connection with the principles of single command and unified command, Vuksic points out that single command and unified command are not categories contained in the constitution and cannot be applied in random interpretations of constitutional decrees.  They are merely principles which every military organization is based on and they are mentioned in laws and decrees derived from the Constitution which, in their essence are subservient to constitutional decrees.

Furthermore, the basic issue is that the Constitution obliges the President to command the Army in accordance with decisions made by the Supreme Defense Council, but not in the capacity of supreme commander, but in the capacity of president of a state.  "The intention is clear: the Council does has not been functioning and making decisions for sometime now (it met for the last time when Perisic was replaced), which is unconstitutional.  That is why its role and importance are minimized, and if necessary, it could be crossed out from the Constitution.  Then the Czar would be in a position not to have to share the right to decide on the deployment of the Yugoslav Army with anyone."

Also, the Constitution also does not recognize any category like the Headquarters of Supreme Command, and in Article 5 of the Law on the Yugoslav Army, it is indicated that the Supreme Headquarters of the Yugoslav Army is the highest body responsible for the preparation and the deployment of the Army at times of peace and war.  Therefore, even if it said somewhere that during war the Supreme Headquarters are transformed into the Headquarters of Supreme Command, it would still be secondary to what is stipulated in the Constitution.

It is not known why this is being done.  The President merely wants to be the supreme commander because that is the only position he has still not occupied.