PLACE OF THE OMBUDSMAN INSTITUTE IN THE SYSTEM OF DISCRIMINATION INFLUENCE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 18)Publication Date: 2019-06-30
Authors : Kravchenko Inna Kolodochka Olga;
Page : 17-22
Keywords : ombudsman; human rights; discrimination; administrative coercion;
Abstract
The article is devoted to the characterization of the institution of the ombudsman and its role in the anti-discrimination system. Basic normative legal acts are defined in the system of counteracting any manifestations of discrimination in Ukraine and in the world. The main directions of activity of the Ukrainian Parliament Commissioner in the anti-discrimination mechanism are highlighted. The main approaches to improving the current legislation and extending the functions of the ombudsman, in particular, giving him the right to legislative initiative, are described on their own initiative to apply to the court with a statement abolishing acts violating the rights and freedoms of a person and a citizen, the right to submit a petition for removal from office of persons who repeatedly or grossly violate the rights and freedoms of a person and a citizen, the right to conduct investigations, including on his own initiative. The special role of the ombudsman institution in the post-Soviet countries has been identified, it is noted that it serves as an individualized body that can eliminate the weaknesses of the activities of public administration. The author's right to use administrative coercion is analyzed. The addition of the sanction of Article 188–40 of the Code of Ukraine on Administrative Offenses to the following types of administrative penalties is proposed: corrective works, public works. It is noted that imposing a fine, as an administrative penalty, does not reach the goal of legal liability, namely preventing the commission of offenses in the future. The practical examples of the use of administrative coercion by the Ombudsman on Human Rights are given. It is noted that the Commissioner closely cooperates with the executive, legislative and judicial authorities in the process of exercising parliamentary control over the observance of constitutional rights and freedoms of man and citizen and the protection of the rights of everyone on the territory of Ukraine.
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