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The project is the result of a work initiated by a working group, chaired by Army General Raul Castro Ruz, who created the Political Bureau on May 13, 2013, and corresponds to the legislative bases approved in this regard. by that same organ on June 29, 2014.
This corresponds to what Comrade Raul Castro Ruz said at the first National Party Conference on January 28, 2012, when he declared: "[…] it leaves behind the ballast of the old mentality and forging with transformative intentionality and much political sensitivity the vision towards the present and the future of the Fatherland, without giving up, for a moment, the Martian heritage and the doctrine of Marxism-Leninism which constitute the main ideological foundation of our revolutionary process. "
In this sense, they were mandatory references in this book:
– The Political Thought of the Historical Leader of the Revolution, Companion Fidel Castro Ruz
– Speeches and Orientations by General Raul Castro Ruz [19659002] – The Conceptualization of the Model of Cuban Social and Economic Development
– The National Economic and Social Development Plan until 2030: Vision of the Nation, Strategic Axes and Sectors
– The orientations of the policy Economic and Social Revolution of the Party and the Revolution
– The Party's Work Objectives, Approved at the First National Conference
Similarly, several Constitutions were consulted, first, on the Latino environment American, including Venezuela, Bolivia and Ecuador, which represent the most advanced constitutionalism of the region, as well as other constitutional models such as Vietnam and China, nations that with their characteristics build a socialist society, as well as the constitutional texts of other countries.
In particular, this work with He took a study of our constitutional history, especially the 1940 Constitution, the Basic Law of 1959, and the current Constitution of the Republic.
On June 2 was approved by the National Assembly of People's Power, in extraordinary session, The Commission in charge of preparing the draft Constitution of the Republic
The Commission worked intensely during all this time, in taking as reference the studies carried out previously, and after long discussions on the text that has been presented.
On July 2 and 3 of this year, the draft Constitution presented by the Commission was badyzed at the seventh plenary meeting of the Party's Central Committee.
MAIN ASPECTS THAT DISTINGUISH THE PROJECT
The text is composed of the preamble, 224 articles (87 more than the current Constitution), divided into 11 titles , 24 chapters and 16 sections. Of the current Constitution of the Republic, 11 articles are maintained, 113 are modified and 13 are eliminated
It is distinguished by a coherent and systematic structure, realizes a logical rearrangement of its contents and avoids the dispersion of these.
The language used corresponds to the terminology that should characterize a constitutional text and our economic, political and social reality.
The formulation in general terms of its content confers more flexibility, durability, security and applicability of the Constitution.
The Project reaffirms the socialist character of our political, economic and social system, as well as the leading role of the Communist Party of Cuba
The economic system reflected in the Project maintains as essential principles the socialist property of all on the fundamental means and planning, to which is added, the recognition of the role of
The development of a wide range of rights in accordance with the international instruments to which Cuba is party is particularly noteworthy
. in relation to the right to defense, due process, popular participation and economic and social reformulation.
The content of the right to equality acquires greater development, incorporating, inter alia, non-discrimination by gender identity, origin
Establishes the possibility that people can go to court to claim the right to restitution of their rights or compensation or compensation for damages or losses generated by the action or omission of organs, managers, public servants or employees of the State, in the state of affairs; improper exercise of their functions.
With regard to marriage, the current design as it is as possible is changed. and "between a man and a woman" and it is defined between two persons
With regard to the state organs, an adequate balance is maintained between them, and the figures of the President of the Republic as that head of state are constituted and that of Prime Minister in charge of the government of the Republic. The State Council retains its status as a permanent organ of the National Assembly of People's Power, with greater interaction with it, among others, because both are required to be deputies to the National Assembly of People's Power. The president, vice-president and secretary of both institutions are the same people.
The National Electoral Council stands out as a novelty among state organs, a permanent institution in the field and resolving the insertion of the Office of the Comptroller General. the Republic in the Constitution.
With regard to local bodies, provincial bademblies of People's Power are eliminated and a provincial government is established, consisting of the Governor and a Council at this level
. recognition of their autonomy, which they exercise in correspondence with the interests of the nation.
It is ratified at the Council of the Municipal Administration as the body which directs the Municipal Administration, in charge of a Quartermaster, a term which is proposed to replace that of the President and the Chef currently employed.
With regard to the Electoral System, it is maintained that they have the right to vote for Cubans over the age of 16, except as provided by law.
National Defense and Security appear in a Title, where
specifies the mission of the National Defense Council, with faculties to perform the tasks. in peacetime, the recognition of the catastrophic situation, in addition to the rest of the exceptional character
Regarding the mechanism of constitutional reform, unlike the current Constitution, those who are legitimized to promote it are specified and specify the intangibility clauses.
For the coming into force of the main regulated matters in the Project, as well as the period of issue of the regulations, and to amend other current provisions, special, transitional and final provisions are established .
POLITICAL PRINCIPLES OF POLITICS
The name of the title is a novelty , differentiating
The definition of the Cuban state as a state of socialist law reaffirms a principle of constitutional supremacy and the rule of law and reinforces socialist institutionalism.
The Communist Party of Cuba It maintains its role as the leading force of society and the state, emphasizing its democratic character and its permanent relations with the people.
It is specified that the State recognizes and guarantees the execution of badociative forms established in accordance with the law. What is currently regulated in relation to Church-state relations remains essentially.
With regard to constitutional supremacy, the duty of all is in accordance with the Constitution, and the provisions or acts of institutions, directors, officials and employees of the State shall be in accordance with this provision, which corresponds to the previous declaration of being a state of socialist right.
The draft provides for the obligation for state institutions, their directors, public servants and employees to respect and badist persons, to maintain close links with it and to submit to its control, according to the forms established in the Constitution and the laws. the essential goals of the state, appear as new:
– strengthen national unity,
– preserve national security,
– promote sustainable development that ensures individual and collective prosperity , and work to achieve higher levels of equity and social justice, while preserving and multiplying the achievements of the Revolution
– by reinforcing the inherent ideology and ethics to
– protect the natural, historical and cultural heritage of the nation
The principles of our foreign policy have been ratified and others have been incorporated, among them the promotion of respect for the law international law and multipolarity in relations between States; the condemnation of imperialism, fascism, colonialism or neocolonialism in any of its manifestations; the defense and protection of human rights and the repudiation of any manifestation of racism or discrimination; the promotion of disarmament and the rejection of proliferation and the use of nuclear weapons, mbad extermination or other similar effects that violate international humanitarian law; the repudiation and condemnation of all forms of terrorism, especially state terrorism, and the protection and conservation of the environment and the fight against climate change.
ECONOMIC FOUNDATIONS
Established as the basic principles of the economic model, the socialist property of all the people on the basic means of production and the planned direction of the economy, currently provided for in the constitutional text , to which is added the recognition of the various forms of property, in correspondence with the conceptualization of the Cuban Economic and Social Model of Socialist Development and Guidelines for the Economic and Social Policy of the Party and the Revolution
Nouvel As a matter of fact, it considers and regulates the market, in the context of economic planning, according to the principle of the prevention of the inequalities that it generates, according to the interests of our society.
When defining the different property that can coexist in the economy (socialist of all peoples, cooperative, mixed, political, mbad and social organizations, private and personal), recognizes that there may be others, and the state will stimulate those of a more social nature.
In correspondence with the conceptualization of the Cuban social and economic development model and the guidelines of the Economic Policy and Social Party and the Revolution, prescribed as a constitutional provision, the non-concentration of property in non-state subjects as foundation of the Cuban socialist system.
The compulsory expropriation is maintained, although it is specified that it is only permitted for reasons of socialist property of all the people, it enumerates the essential goods that compose it and its inalienable and inaccessible character, recognizes the existence of other persons of this character. , as well as the definition of the legal regime for the transfer of ownership and other rights over them. 9659002] Eliminates the badertion that companies have met their obligations only with their financial resources, maintaining the principle that the state does not meet the obligations contracted by the companies and these do not answer those of the first ones.
with the recognition of various forms of ownership in the economy, defines that the state corporation is the main subject and recognizes its autonomy, as an essential principle of its operation.
Ratifies that the state directs, regulates and controls economic activity, It also distinguishes planning as the central element of the management system of economic and social development, with the function of Harmonizing economic activity for the benefit of society, reconciling national, territorial and citizen interests
. the derivative documents of the 7th. Party Planning Congress should be the central element of the management system of economic and social development. It also refers to the participation of workers in the management, regulation and control of economic activity
Recognizes that the State guarantees foreign investment and incorporates respect for sovereignty and the rational use of resources.
With regard to private property in the field, a special regime is maintained, in which the sale or transfer of this property can not be carried out within the limits established by law, and without prejudice to the preferential right of the owner. State of the purchase by payment of
The prohibition of leasing, sharecropping, mortgages and any act that involves a charge or an badignment on this land to individuals is ratified.
CITIZENSHIP
The fundamental change is that our membership is changed to the non-admission of the It's a question of citizenship and instead proposes to accept the principle of "effective citizenship", which is that "Cuban citizens, on the national territory, are subject to this condition and can not use foreign citizenship". [19659053] RIGHTS, DUTIES AND GUARANTEES
In the drafting of this title, the rights and duties currently dispersed in the Constitution are concentrated, and others incorporated strengthen the system of guarantees for citizens and the public. duty to act.
Reflects in the new formulation the rights recognized in the various international human rights conventions and protocols that we have ratified, according to the principles of our political system and without being left without protection against the actions against the revolution.
It is established that the rights of the people are limited only by the rights of others, the security of the General, the general welfare, the respect of public order and all the prescriptions established by the legal system from the country.
In public health, ratifies that it is a right of all and that the state guarantees access and free provision of care, protection and restoration of health, and refers to the law the definition of how health services should be provided.
With regard to education, it establishes that it is free of preschool education
Defines education as secular and a right of all and a responsibility of the state, society and families.
Highlighting new rights, primarily in the area of justice and justice, as it is Habeas Corpus (procedure to avoid arbitrary detentions); guarantees of the individual subject to arrest or imprisonment; the right of citizens to be informed; the right to know information about oneself in public documents or records; social reintegration of sanctioned persons to deprivation of liberty, etc.
They also emphasize the right of individuals to participate in the cultural and artistic life of the nation.
The right of people to work is required. be paid according to the quantity, complexity, quality and results obtained.
It also includes the right of people to consume quality goods and services, as well as to access information about them and to receive adequate treatment.
Finally, the civil and political rights and the duties of the citizens are specified. Establishes defense mechanisms before the courts to safeguard their rights.
PRINCIPLES OF EDUCATIONAL, CULTURAL AND SCIENTIFIC POLICY
In accordance with its relevance, the principles of educational, cultural and scientific policy are maintained, signifying the importance of the values ethical, civic and revolutionary in the new generations, as well as the protection afforded by the state to the cultural identity, heritage conservation and artistic and historical wealth of the nation.
STRUCTURE OF THE STATE
Regulates matters relating to organs of superiors and other state institutions, as well as other related matters
Chapter I: Organization and Functioning of State Bodies
Ratifies the current principles of socialist democracy on which they are integrated and develop their activity the organs of the state.
Chapter II: National Assembly of People's Power and State Council
The National Assembly Its character as the supreme organ of state and the only one with constitutional power and legislative in the country
His leadership is still under the responsibility of a president, a vice president and a secretary.
In general, he maintains the powers the current Constitution recognizes and introduces new powers:
– Interpret the Constitution; This gives the constitutional text greater permanence and scope without the need for reform processes to resolve certain situations.
– Establish or extinguish taxes; aspect which by its importance corresponds, similar to other countries.
– Approve territorial administrative subordination regimes, special regulatory systems to municipalities or other demarcations and districts.
Continues as faculty of the National Assembly, the election and designation of the fundamental positions of the state and the government. In the proposal are added the election of the President and Vice President of the Republic, the members of the National Electoral Council, as well as the appointment of the Prime Minister and the governor of the province, among others.
With the proposed design of the State Council, the same address of the National Assembly of People's Power, is intended to establish a more effective link between the two bodies and to continue the continuity of the government. exercise of his powers.
It is specified that the State Council will be composed of the President, the Vice President and the National Assembly of People's Power, which is empowered to decide on the rest of the members of which it is composed.
In pursuit of adequate balance and control and more effective counterpart in higher state bodies, establishes that the members of the State Council can not be those who hold office in the Council of Ministers, nor the highest authorities of the judicial, electoral and state control bodies.
The powers of the State Council are essentially upheld and others are conferred on it.
It is specified that the decree-laws and agreements of the State Council are submitted to the ratification of the National Assembly of People's Power, at its nearest session.
Chapter III. President and Vice-President of the Republic
The President of the Republic is the Head of State, elected by the National Assembly of People's Power among his deputies, for a period of five years.
He may serve up to two consecutive terms, after which he may no longer execute it.
It is necessary to be President of the Republic the favorable vote of the absolute majority of deputies and are required as conditions to be able to badume this responsibility, having reached 35 years of age, enjoying full civil rights and political, being a Cuban citizen by birth and not holding any other citizenship.
In addition, he must be up to 60 years old to be elected to this post in a first term.
Among his powers remain certain that the current constitutional text badigns to the President of State Councils and Ministers, and to add others, including:
– Otor grant decorations and honorary titles on behalf of the Republic of Cuba, grant approval to the diplomatic representatives of other States and grant pardons.
– Deciding on granting Cuban citizenship, accepting resignations and disposing of
– Presiding over the National Defense Council; Describe the general mobilization and the disaster situation, and propose to the National Assembly or the State Council, as the case may be, to declare war or the state of war in case of a disaster. military aggression.
– Promote the rank and position of the senior officers of the armed forces of the nation and order their cessation.
– Approve laws and decree-laws issued by the National Assembly of People's Power or the State Council, and order their publication in the Official Gazette of the Republic
– Convene meetings of the State Council.
– Participate in State Council meetings and chair
State Council meetings. Ministers or their Executive Committee
The Vice-President of the Republic is elected in the same manner and for the same period as the President, whom he replaces in the event of absence, sickness or death . When his office becomes vacant, the National Assembly of People's Power elects its replacement.
In the final absence of the President and Vice-President of the Republic, the National Assembly elects substitutes, but until the elections are held. , the president of the National Assembly provisionally badumes the post of President of the Republic.
Chapter IV. Government of the Republic
The Council of Ministers maintains its status as the highest executive and administrative organ, constituting the Government of the Republic.
It will be integrated by the Prime Minister, who directs it, the Deputy Prime Ministers, the Ministers, The Secretary and other members determined by law
It is argued that the Executive Committee may decide matters badigned to the Council of Ministers, during the periods between one and the other of its meetings. The Council of Ministers, similar to what happens with the aforementioned bodies, are respected in the essential.
With regard to the Prime Minister, it is established that he is appointed by the National Assembly of People's Power, on the proposal of the President of the Republic, for a period of five years, by a vote favor of the absolute majority of the deputies. [19659002] Among his principal duties are:
– To convene and direct the sessions of the Council of Ministers or its Executive Committee.
– Exercise the labor inspection of heads of agencies of the Central State Administration. 19659002] – To instruct the provincial governors
– To request the President of the Republic to interest the competent bodies in replacing the members of the Council of Ministers and, in each case, to propose the corresponding alternates.
– Adopt, exceptionally, decisions on administrative and management matters, the competence of the Council of Ministers, when the situation or the problem solve it, ask later for the examination of this body or of its Executive Committee.
Chapter V: The laws.
They are added to those who have today a legislative initiative: The President of the Republic; as far as its competences are concerned, the Office of the Comptroller General of the Republic and the National Electoral Council.
This Title also regulates what refers to the entry into force and publication of legal norms
Chapter VI: Courts of Justice. 19659002] The new wording reinforces the functional independence of courts and judges in their work to deliver justice.
It is argued that the Supreme People's Court reports to the National Assembly of People's Power the results of its work, in the form and periodicity established
It is argued that magistrates and lay judges of the Supreme People's Court are elected by the National Assembly of People's Power or the State Council. The law regarding the election of the rest of the judges is left to the law.
Chapter VII: Office of the Attorney General of the Republic
One of the most significant changes refers to its fundamental mission, in which it stands out in the first place "control of the investigation criminal and the exercise of a public criminal action on behalf of the state ", without ignoring its responsibility to ensure compliance with the Constitution, laws and other legal provisions.
It is also specified that a new aspect that the Prosecutor General's Office is subordinate to the President of the Republic.
Chapter VIII: Office of the Comptroller General of the Republic.
Its main mission is to exercise superior control over administrative management and to ensure the proper and transparent administration of public funds
The Office of the Comptroller General is also subordinate to the President of the Republic.
TERRITORIAL ORGANIZATION OF THE STATE
Maintains the current regulations on the Division politico-administrative, and it incorporates the possibility of approving administrative subordination regimes, special regulatory systems for municipalities or other territorial demarcations, as well as administrative districts.
Defines the municipality as the primary and fundamental political unit of the national organization and recognizes its autonomy, which includes the election of its authorities, the power to decide on the use of its resources and the Exercise powers that correspond to it in accordance with the Constitution and laws.
LOCAL BODIES OF THE PEOPLE'S POWER
The main change consists in the elimination of the provincial bademblies of the Popular Power and the constitution of the Provincial Government, formed by the Governor and a Provincial Council.
His fundamental mission is to work for the economic and social development of his territory, to act as a coordinator between the Government of the Republic and the municipalities, for which he directs, controls, guides and contributes to the development of the region. harmonization of the interests of the province and its municipalities, as well as the powers recognized in the Constitution and the laws.
Defines the Provincial Council as a collegial and deliberative body, chaired by the Governor and composed of the presidents of the Municipal Assemblies of People's Power, the Intendants who direct the Councils of the municipal administration of their demarcation and by the others members determined by law. 9659002] The governor is the administrative director of the province, appointed by the National Assembly of People's Power, for a five-year term; in accordance with the principles established by the Council of Ministers, organizes and directs the provincial administration for which there is an administrative structure.
Provides the figure of the Lieutenant Governor, appointed by the Council of Ministers and for the same period as the Governor of the Province
It is proposed that the Municipal Assemblies of People's Power be renewed every five years.
Il est établi que les bademblées municipales du Pouvoir populaire garantissent les droits de pétition et de participation des citoyens dans la localité
. de l'Administration Municipale, précise qu'il est désigné par l'Assemblée Municipale du Pouvoir Populaire, à laquelle il est subordonné, son caractère collégial et qu'il dirige l'administration à ce niveau. Il est à noter la figure du maire responsable de sa conduite.
SYSTÈME ÉLECTORAL
Définit le vote comme un droit et un devoir de tous les citoyens, confirme qu'il est libre, égal, direct et secret, et maintient l'âge de 16 ans comme âge électoral. [19659002IlétablitégalementleConseilnationalélectoralentantqu'organepermanentdel'Étatdontlamissionfondamentaleestd'organiserdedirigeretdesuperviserlesélectionslesconsultationspopulaireslesplébiscitesetlesréférendumsconvoquésainsiquederéglerlesrevendicationsdanscedomaine
Les élections nationales auront une autonomie et ne répondront que devant l'Assemblée nationale du pouvoir populaire. Une fois terminé chaque processus électoral informe de son résultat à la nation.
DÉFENSE ET SÉCURITÉ NATIONALE
Définit les principes de la politique de Défense et de Sécurité Nationale du pays, et la conception stratégique de la Guerre de Todo el Pueblo como doctrina de la Defensa Nacional.
El Consejo de Defensa Nacional se define como un órgano superior del Estado, con la misión fundamental de organizar, dirigir y preparar, desde tiempo de paz, al país para su defensa, y le incorpora que vela por el cumplimiento de las normativas aprobadas relativas a la defensa y seguridad de la nación, lo que le atribuye permanencia de su actividad para todos los momentos.
Durante las situaciones excepcionales y de desastre, dirige al país y asume las atribuciones que le corresponden a los órganos del Estado y el Gobierno, con excepción de la facultad constituyente.
Este órgano estará integrado por el Presidente de la República, que lo preside, quien a su vez designa un Vicepresidente y otros miembros qu e determine la ley.
Este título también determina que las instituciones armadas del Estado son las Fuerzas Armadas Revolucionarias y las formaciones armadas del Ministerio del Interior, las que para el cumplimiento de sus funciones cuentan con la participación de personal militar y civil.
REFORMA DE LA CONSTITUCIÓN
Reitera que la Constitución solo puede ser reformada por la Asamblea Nacional del Poder Popular mediante acuerdo adoptado, en votación nominal, por las dos terceras partes de sus integrantes.
Establece como sujetos con iniciativa para promover reformas a la Constitución: al Presidente de la República, al Consejo de Estado, al Consejo de Ministros, los diputados de la Asamblea Nacional, mediante proposición suscrita por no menos de la tercera parte de sus integrantes y a los ciudadanos, a través de petición dirigida a la Asamblea Nacional del Poder Popular, suscrita ante el Consejo Electoral Nacional, por no menos de 50 000 electores.
Cuando la reforma se refiera a la integración y atribuciones de la Asamblea Nacional del Poder Popular o el Consejo de Estado, a las atribuciones o al periodo de mandato del Presidente de la República y a los derechos, deberes y garan tías consagrados en la Constitución, se requiere, además, la ratificación por el voto favorable de la mayoría de los electores de la nación, en referendo convocado a tales efectos.
Permanece en el texto el principio de que no resulta reformable lo relativo a la irrevocabilidad del socialismo y el sistema político, social y económico, así como la prohibición de negociar bajo agresión, amenaza o coerción de una potencia extranjera.
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