made by any citizen on separate acts or actions of the state bodies and organizations having public powers by which there are infringed or restricted human rights or rights and freedoms of minorities guaranteed by the Constitution on condition that there have been exhausted or are not stipulated other legal means for their protection. Introduction of the given important means of the constitutionally-judicial protection of the citizens is the correct decision, but it will become the problem for the Constitutional court. Namely - the Constitutional Court should be effective in the decision of the constitutional claims and there will be a great number of them as the citizens will perceive the Constitutional Court as the cassation court in relation to other courts. The law and the rules of the Constitutional Court should more precisely order procedures and develop the criteria for recognition of the constitutional claim. novelty in the Constitution is introduction of such power of the Constitutional Court as the right to decide whether the President of the Republic has violated or not violated the Constitution. future Constitutional Court will comprise of 15 judges (instead of 9), elected, that is assigned for the 9 year term and they can be selected and affirm no more than two times. cancellation of the former principle of continuity of office of judges of the Constitutional Court can be, basically, a disputed question as it is necessary to make the conclusion that such decision is caused by the political reasons, that is the intention of the political authority to provide with repeated elections the certain control over the activities of this extremely important court both in legal, and political sense. On the other hand, it s good that the Constitution provides conditions for selection of judges of the Constitutional court. According to the new conditions, such judge should be the outstanding jurist at the age of 40 years old and having the 15-years experience of activities in the sphere of jurisprudence. The selection of judges is made on new and complex procedure. Namely - one third, that is 5 judges, are appointed by the Skupshchina out of 10 candidates offered by the President of Republic. The second third is appointed by the President out of 10 candidates offered by the Skupshchina and the third is appointed by the Supreme cassation court out of 10 candidates offered by High council of court and the State council of prosecutors at joint session. Such system of selection restores balance of all the three branches of the power. The useful novelty on the background of positions of the previous Constitution is that judges of the Constitutional court can be appointed professors of a faculty of law, and chairman can be selected by judges for the three-year term. But selection of the two thirds of judges of the Constitutional Court at great degree will influence both political criteria, and arrangement of forces of the two political bodies - the Skupshchina and the President of the Republic.
. The constitutional status of autonomous regions and districts, in essence, remains the same as it has been. The constitution, thus, detains dissymmetric system of territorial autonomy. Thus, about Kosovo, owing to the unresolved status of the region, is spoken, that its essential autonomy will be regulated by the special law which affirms the constitutional act. It is obvious, that introduction of concept the essential autonomy proceeds from political documents on the future status of Kosovo, adopted by the National Skupshchina as a basis for negotiations with the international community. This formulation proceeds from the constitutional preamble that the region Kosovo and Metokhia is a making part of the territory of Serbia, and has the essential autonomy within the framework of the sovereign state of Serbia" . Though it is not absolutely usual decision, the given part of the preamble has its purpose to fix additionally and constitutionally the status of Kosovo as the part of Serbia and to strengthen legitimacy and authority of our delegation on negotiations. Certainly, to draw in this way attention of the international community to the necessity of respect of the international law which fundamental principle is the invariance of borders of the sovereign states, that is their territorial integrity and respect of their state sovereignty. constitution for the first time provides an opportunity of formation of new autonomous regions and the cancellation or unification of the existing autonomous regions according to the constitutional procedure meaning the obligatory referendum of the citizens. The innovation is also the regulations about the financial autonomy, about property and incomes of the region. Thus, the budget of autonomous region Voevodino should make at least 7% of the total budget of the republic. And 3% out of the given 7% should be used for financing...
