Milchakova, O.V. The modern models for the judicial constitutional control in the former Yugoslavia states

Abstract: The article concerns the models of judicial constitutional control in the states currently existing at the territory of the Former Yugoslavia (Bosnia, Herzegovina, Macedonia, Serbia, Slovenia, Croatia, Montenegro). These states have a history of Socialistic past, which is similar to Russia, and their experience is especially interest, since their tradition was continuous for more than half a century. The author provides consecutive analysis of the similarities and differences in the process of formation, competence, procedures of the constitutional courts in the former Yugoslavian states, their places within the systems of state government bodies. The author used mostly historical and formal legal method for the analysis, and also comparative legal method. The results of study allow to state that these states have an European model of judicial constitutional control. Finally, the author draws a conclusion that in all of the Former Yugoslavia states the constitutional courts are regarded as independent state bodies, which are not included into any branches of state power, while they de facto implement judicial power, their proceedings are de facto part of judiciary.

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