Content and characteristics of parliamentary control over observance of human and citizen rights and liberties, including military personnel

Abstract

The article explains the content and characterizes the parliamentary control over the observance of the rights and liberties of human and citizen, including military personnel. It is determined that parliamentary control over the observance of human and civil rights and liberties in Ukraine is provided by the Ukrainian Parliament Commissioner for Human Rights. The study analyzes the emergence of such an institution in the world and Ukraine. The goal of parliamentary control over the observance of the rights and and liberties of human citizen has been established. It is determined that the Commissioner can appoint its representatives and states that representatives from different directions and specific issues, as well as regional representative offices, operate in Ukraine. It is proposed to expand specialized representative offices in order to strengthen the protection of certain social groups. Attention is focused on the fact that the introduction of a representative of the Human Rights Ombudsman in the system of security and defense and procedural rights is important and relevant. However, it is noted that such representation provides for the implementation of parliamentary control in two different areas of legal regulation, and also includes a very wide range of control over the subjects of the security and defense sector. At the same time, it is certified that over the past two years, the number of applications of military to the Commissioner has decreased significantly. It is proposed to create a representative office of the Commissioner for the Protection of the Rights of Military Personnel in order to properly ensure the effective protection of this category of people following the example of the functioning of military ombudsmen in foreign countries. The analysis of instruments, methods and acts of response, including: the right to accept appeals and open proceedings in the case; submit annual and special reports, as well as constitutional submission to the Constitutional Court and submissions to public authorities and other government bodies and officials. However, it is noted that the legislation of Ukraine has shortcomings affecting the activities of the Ombudsman, namely that the response acts are advisory in nature and do not determine the legal consequences of the response. In addition, the opinion on granting the Ukrainian Parliament Commissioner for Human Rights the right of legislative initiative was supported. Based on the study of the problem raised, it was concluded that the Ombudsman's institution is an important mechanism for protecting the violated rights and liberties of human and citizen, including military personnel, at the same time it has a number of shortcomings and problematic issues and needs further study and improvement.