DRUŠTVENI PRAVOBRANILAC SAMOUPRAVLJANJA PREMA USTAVU SFRJ IZ 1974. GODINE

Abstract

In the paper, the authors analyze the position of the institution of the social ombudsman of self-governance according to the Constitution of SFRY from 1974. The function of the so-called "Working class ombudsman" was introduced into the legal system of Yugoslavia based on the original ombudsman function that existed in some European countries. However, the competences of the social ombudsman of self-management were strictly limited to the domain of protection of the selfmanagement rights of working people and social property. Regardless of the significant differences compared to the original ombudsman function, the institution of the social ombudsman of self-management left a significant mark in the legal circle of the SFRY, which is why many consider it the forerunner of the ombudsman function as we know it today. The reflection of this institution in the legal system of Yugoslavia occurred after a series of socio-political events that threatened to threaten the entire system of self-governing socialism. The communist authorities believed that the way out of the political crisis should be sought in strengthening self-management and alleviating discontent among the working class, which, among other things, meant the establishment of more effective mechanisms for the protection of selfmanagement rights. The position of the social ombudsman of self-governance was characterized by significant differences in relation to the position of other state bodies. It was not even considered an organ of the state, but an organ of society, which represented the bond of working people with organizations of associated work and socio-political communities. Therefore, the fundamental prerequisite for the establishment of this institution was to build the trust of the working class in that this body has the capacity to protect the self-governing rights of working people even from the attacks of the state and other bodies and organizations of associated work.