Ombudsman Institute: Basic Models and Problems of Reception in Constitutional Law

Keywords: ombudsman, human rights, control, controlling power, rule of law, democracy, reception.

Abstract

In the search for optimal ways of improving the normative foundations and organizational-legal forms of human rights protection, the problem of institutional support of relevant processes is actualized. The protection of human rights is inherently linked to all public-power structures of the mechanism of state power and is possible only in the context of optimal implementation of the principles of the rule of law, separation of powers, democratic, social, rule of law. In Ukraine, in the context of constitutional modernization, the problem of improving the organizational-legal mechanism of human rights protection remains urgent. For this purpose, the Institute of the Ombudsman operates in Ukraine. Its implementation fully meets the tendencies existing in the modern democratic world and is a reaction to those conflicts and contradictions that exist in the field of human rights protection. Nevertheless, the social insecurity of certain sections of the population (children, pensioners, persons with disabilities, servicemen, migrants, internally displaced persons, ethnic minorities, persons belonging to the LGBTI community, entrepreneurs, patients and other categories of citizens) is an indicator of the relevance of the problem and the functioning of national human rights protection mechanisms, including the strengthening of the relevant oversight functions of the Ombudsman. The subject of the research is the problems of reception in the constitutional law of the basic models of organization of the Ombudsman Institute in the mechanism of functioning of the rule of law. The object of the study is the public relations that delve into the human rights protection process and the ombudsman's exclusivity in the relevant processes. The methodological basis of the study are general scientific methods, such as dialectical, comparative-legal, formal-legal, historical, and logical methods of cognition, as well as special and private-law methods. The history of development, the causes, the processes of institutionalization and constitution of the ombudsman services in the modern world, the permanent transformation of their functions and the differentiation of their specialization are evidence of the improvement of the classical system of separation of powers and the constitutional mechanism of its organization. It is argued that the functional isolation, independence, and organizational diversity of the control bodies, first of all, the Ombudsmen, is a testament to the formation of control power, the conceptual idea of which is the existence of a system of measures to ensure control over public authority.

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Author Biographies

Oleksandr Batanov, Koretsky Institute of State and Law, NAS of Ukraine.

Doctor of legal science, Professor, Leading Researcher at the Department of Constitutional Law and Local Self-Government of V.M. Koretsky Institute of State and Law, NAS of Ukraine.

Natalia Verlos, Zaporizhzhia National University.

Ph. D., Assosiate Professor of Department of Constitutional and Labor Law of Zaporizhzhia National University.

Olga Lotiuk, Taras Shevchenko National University of Kyiv.

Doctor of legal science, Professor of Department of Constitutional Law of the Taras Shevchenko National University of Kyiv.

Olena Sinkevych, Taras Shevchenko National University of Kyiv.

Ph. D., Assosiate Professor of Department of Constitutional Law of the Taras Shevchenko National University of Kyiv.

References

Ageev, O.D. (2017). The constitutional and legal status of the Ombudsman on Migration: Foreign Models and Prospects for Implementation in Ukraine. Kharkiv.

Banakh, S.V. (2014). Functions of Ombudsmen in the Modern World: A Comparative Legal Study. Mariupol.

Barchuk, V.B. (2006). The Commissioner of the Verkhovna Rada of Ukraine for Human Rights as a Subject of National Security. Kyiv.

Batanov, O.V. (2018). Municipal Legal Problems of Implementation of the Principle of Equality and Prohibition of Discrimination in the Dimension of Legal Analytics (on the Example of LGBT Community). Almanac of Law. Legal analytics: doctrinal approaches and industry dimensions, 9, 75–82.

Batanov, O.V. (2019). Constitutional and legal support of expert support of legislative activity in the field of anti-discrimination. Expert: Paradigms of Law and Public Administration: Electronic Scientific Edition: Collection, 2(4), 11–24.

Batanova, N.M. (2019). Constitutional control and constitutional responsibility: conceptual problems of correlation and interaction. Constitutional state, 30, 147–155.

Donnelly, J. (1985). The Concept of Human Rights. London: Sydney Groom Helm.

Donnelly, J. (1998). Human Rights: a new standard of civilization? International Affairs, 74(1), 1–23.

Golyak, L.V. (2011). Institute of Specialized Ombudsman: World experience of organization and activity. Lviv: ZUKTS Publishing House.

Kharytonov, E., Kharytonova, O., Tolmachevska, Y., Fasii, B., & Tkalych, M. (2019). Information Security and Means of Its Legal Support. Amazonia Investiga, 8(19), 255-265. Retrieved from https://www.amazoniainvestiga.info/index.php/amazonia/article/view/227

Law of Ukraine "On Ensuring the Functioning of the Ukrainian Language as State" of April 25, 2019. (2019). Verkhovna Rada (Ukrainian Parliament). Retrieved from https://zakon.rada.gov.ua/laws/show/2704-19.

Law of Ukraine "On the Ombudsman of Ukraine" of December 23, 1997. (1997). Verkhovna Rada (Ukrainian Parliament). Retrieved from https://zakon.rada.gov.ua/laws/show/776/97-%D0%B2%D1%80.

Martselyak, O.V. (2004). The constitutional and legal status of the Ombudsman Institute: world experience and the Ukrainian model. Odessa.

Naulik, N.S. (2007). The Institute of Ombudsman in Ukraine and the Republic of Poland: a comparative study. Kyiv.

Nedov, I.M. (2011). Local Ombudsman as a Subject of Administrative Law. Zaporizhzhia.

Shatilo, V.A. (2018). Constitutional mechanism of state power in Ukraine: problems of correlation of organizational structures and functions. Kyiv.

Shyshka, R., & Tkalych, M. (2020). The world in 2020: what are the threats to humanity? Amazonia Investiga, V.9 N. (26), p.p. 3-5.

Sinkevich, O.V. (2016). Functions of constitutional law and functions of other branches of law: comparative legal analysis. Journal of the Kyiv University of Law, 3, 105–108.

Vincent, R. J. (Eds). (1986). Foreign Policy and Human Rights. Issues and Responses. Cambridge: Cambridge University Press.

Wheeler, N. J. (1992). Pluralist and Solidarist Conception of International Society: Bull and Vincent on Humanitarian Intervention. Millennium: Journal of International Studies, 21, 463–489.

Zakormorna, K.A. (1999). The Ombudsman Institute as a Means of Ensuring the Rights and Freedoms of Man and Citizen (Comparative Legal Analysis). Kyiv: Nat. Acad. of
Published
2020-05-18
How to Cite
Batanov, O., Verlos, N., Lotiuk, O., & Sinkevych, O. (2020). Ombudsman Institute: Basic Models and Problems of Reception in Constitutional Law. Amazonia Investiga, 9(29), 273-281. https://doi.org/10.34069/AI/2020.29.05.31
Section
Articles