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
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- EP ID EP480351
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