FEATURES OF THE NORMATIVE FIXING OF THE ADMINISTRATIVE AND LEGAL STATUS OF THE COMMISSIONER FOR EUROPEAN COURT OF HUMAN RIGHTS

Abstract

The article defines the place of the position of the European Court of Human Rights Commissioner in the system of positions of executive authorities, discloses his administrative and legal status and characterizes the elements of his status. It was found that the legal regulation of the status of employees who hold political positions in the system of executive authorities has many shortcomings: 1) the absence of competitive selection when electing a person to a political position negatively affects the quality and efficiency of personnel; 2) there are no effective mechanisms for monitoring the activities of such employees both on the part of higher management entities and on the part of the public; 3) there is no legal responsibility of such officials for inefficient, unprofessional and even illegal activities; 4) there is no general definition of political service, political employees and classification of public positions in executive bodies; 5) the activity of such employees is regulated by secondary legal acts, which have significant gaps and shortcomings in terms of establishing their administrative and legal status. It has been proven that the position of the European Court of Human Rights Commissioner is a political position in the system of executive authorities, which must be reflected in the provisions of national legislation. Based on modern approaches to determining the administrative-legal status of subjects of public administration, it was concluded that the administrative-legal status of the European Court of Human Rights Commissioner includes the following structural elements: 1) the purpose of creation and functioning; 2) task; 3) subject of education; 4) authority; 5) functions. It has been proven that in the scientific literature there is a certain imbalance in research on the legal status of public servants: a) along with a detailed analysis of the administrative and legal status of public servants who hold administrative positions in executive bodies, there is a fragmentary (unsound) analysis of the status of public servants who hold political positions in this system; b) against the background of a thorough analysis of the constitutional and legal status of political officials, there is no generalized analysis of the legal status of all without excluding political officials. It is recognized that the study of the administrative-legal status of political officials, which includes the Commissioner for the European Court of Human Rights, is today a promising direction of research in national legal science.