Institute of ombudsman in the mechanism of personal rights protection: national and foreign aspects

Abstract

Introduction. It is established that the fundamental task of any democratic and legal state is to ensure and protect legal human rights and freedoms and the additional formation and implementation of effective guarantees of adequate protection, the creation of an effective human rights system. One of the elements of this system is the institution of the ombudsman. As an object of the European legal tradition, the institution of ombudsman has gradually become established in Eastern Europe, including Ukraine. The purpose of the paper is analysis and determination of the peculiarities of the ombudsman institution at the national and foreign level. Result. Emphasis is placed on the key historical preconditions for the emergence of the ombudsman institution and trends in the further general spread of this structure. An exhaustive definition of the term “ombudsman” is defined and the most characteristic features and features of the institute are characterized, through the prism of national and foreign point of view. Some types and forms of the ombudsman institution are indicated and the set of rights and powers of the respective official is established, depending on the country of the world. In addition, the article describes the requirements for candidates for the position of ombudsman. Emphasis is placed on the importance of such an institution as specialized ombudsmen. The comments and recommendations of qualified scientists on improving the functioning of the ombudsman institution in the domestic realities are analyzed. The forms of response of the Verkhovna Rada Ombudsman for Human Rights were emphasized, in particular, the constitutional submissions of the Ombudsman and the submissions of the Ombudsman. Such a special form of activity of the Ombudsman is described as annual and special reports, which are quite important. Statistics on the effectiveness of the Verkhovna Rada Ombudsman for Human Rights and indicators of implementation of the Ombudsman's Office's recommendations by public authorities are presented. Conclusion. The system of the Commissioner is a litmus test that indicates the level of development of a democratic society and the state, which is determined by the full provision and realization of their rights by the individual and the normative enshrinement of various guarantees for protection of these rights by the state. However, in the domestic reality there is a need to modernize the ombudsman institution for its more efficient functioning.