THE HUMAN RIGHTS COMMISSIONER OF VERKHOVNA RADA OF UKRAINE AS THE SUBJECT OF APPEALING JUDGMENTS WITHIN ADMINISTRATIVE JUDICIARY OF UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
The author of the article has clarified the place and role of the Human Rights Commissioner of Verkhovna Rada of Ukraine within administrative procedure of Ukraine. Issues related to the problem of guaranteeing the protection of the rights and freedoms of the subjects of appealing judgments within administrative judiciary of Ukraine by the Human Rights Commissioner of Verkhovna Rada have been considered The activity of the Human Rights Commissioner of Verkhovna Rada of Ukraine as a representative within administrative procedure has been researched. In particular, the author has characterized the procedural status as a participant in the appeal proceedings in administrative judiciary. The author has analyzed the problems of implementing the powers of the Human Rights Commissioner of Verkhovna Rada of Ukraine according to the persons whose interests he represents in the case. It has been noted that according to the current legislation, an ombudsman may be the respondent within administrative procedure and simultaneously a participant of administrative procedure and can exercise the procedural rights of the plaintiff. In order to ensure the implementation of the human rights function by the Human Rights Commissioner of Verkhovna Rada of Ukraine, the author has suggested to amend the domestic legislation and to provide a reservation regarding the procedure for appealing against an administrative appeal filed by the ombudsman only within an appeal procedure. It has been stressed that the legislation does not contain criteria for determining the person’s inability to carry out protection independently. Taking into account this fact, the indicated criteria in practice can be arbitrarily determined by the Human Rights Commissioner of Verkhovna Rada of Ukraine. The author has suggested to consolidate in the legislation the duty of the Human Rights Commissioner of Verkhovna Rada of Ukraine to substantiate to the administrative court the impossibility of a person to independently protect own rights and freedoms and legitimate interests due to physical conditions, non-adulthood, old age, incapacity or limited active ability. The directions of improving the domestic legislation regulating the participation of the Human Rights Commissioner of Verkhovna Rada of Ukraine in administrative legal proceedings have been determined.
Authors and Affiliations
М. В. Вікторчук
Keywords
Related Articles
- EP ID EP480351
- DOI -
- Views 85
- Downloads 0
TACTICS AND METHODS OF SEARCH
This article is devoted to consideration of actual problems of tactical supply of carrying out of search. Also the author has considered the tactical supplies of the search provide to the modern requirements of law-enfor...
THEORY AND PRACTICE OF APPLICATION OF BEYOND A REASONABLE DOUBT STANDARD OF PROOF IN CRIMINAL PROCEEDINGS OF CANADA
The article is devoted to the study of the theory and practice of applying the standard of proof “beyond reasonable doubt” by the courts within criminal proceedings in Canada. The article analyzes the judicial decisions...
DEVELOPMENT OF UKRAINIAN STATE AND ITS ARMED FORCES DURING 1917-1920: HISTORICAL AND LEGAL ASPECTS
The article investigates the features of state building in the military field in the period of the Central Rada, Hetmanate of P.S koropadsky, and Directorate, also the definition of organizational and legal bases of the...
ADVANTAGES AND DISADVANTAGES OF USING THE ELECTRONIC SIGNATURE IN E-COMMERCE IN INTERNATIONAL PRIVATE-LAW RELATIONS
The development of information technology has become important with the transition of society to a new stage. One of the advantages of using new technologies is the possibility to create documents on new data storage dev...
LEGISLATIVE FEATURES OF THE REGULATION OF AGRARIAN EDUCATION IN FRANCE
The article is devoted to the analysis of the regulatory framework of the French Republic in the field of management and reformation of agrarian education and science for the further use of positive experience in the nat...