The realization and protection of human rights in the modern society are imposed as a 'condition sine qua non' for the survival of any community. Modern society knows various ways of protecting human rights and freedoms. One of the numerous institutes through which human rights and freedoms are protected is the institution of ombudsman. The institution of ombudsman in Republic of Serbia was, for the first time, officially constituted at the beginning of 21st century when our legislation predicted the possibility of forming such an institution. Ombudsman was first established at the local level, then at the provincial level and, at the end, at the republic level. The ombudsman institution in Republic of Serbia has legally existed for more than a decade. In this period there have been numerous problems when we are talking about working and operating of the institution itself. Problems can be eliminated by changes in legal regulation. At the moment the change of the constitution is not required, but the laws might be changed. Republic Serbia must change the Law on the Ombudsman and the Law on Local Self-Government. According to the author's opinion, the most important changes which are necessary to be made are those concerning the Law on Local Self-Government.