INSTITUTION OF OMBUDSMAN IN THE SCANDINAVIAN COUNTRIES
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 49)Publication Date: 2022-05-15
Authors : Voronko Anastasiia; Leshko Oksana; Zinchenko Olena;
Page : 80-86
Keywords : Commissioner for Human Rights; Ombudsman; Ombudsman Institute; Parliamentary Control; Complaint;
Abstract
The article is devoted to the analysis of the institution of the Commissioner for Human Rights (Ombudsman) in the Scandinavian countries — Sweden, Norway and Denmark. In the article the authors research the history of the ombudsman, analyze the current legislation of the Scandinavian countries, which regulates the appointment and dismissal of the Commissioner for Human Rights, the jurisdiction of ombudsmen, the main tools and powers. The authors found that the institution of ombudsman originated in Sweden, where there is currently a strong model of parliamentary ombudsman. The institution of the Parliamentary Commissioner for Human Rights in Sweden consists of four ombudsmen, one of whom is the head and three others in certain specific areas. The parliamentary ombudsman in Sweden has extremely broad powers, including the right to control the authorities and the military; to be present at court hearings; apply disciplinary action or prosecute officials. In addition to parliamentary ombudsmen in Sweden, there are also ombudsmen with powers in certain areas of public life. The Parliamentary Ombudsman in Norway is also an independent official, but he has much narrower powers. Acts of the parliamentary ombudsman are of a recommendatory nature, but are usually implemented by the bodies and persons to whom they are addressed. Its competence extends exclusively to the civil administration (there is a separate military ombudsman), but does not extend in particular to the courts, the activities of the Accounting Chamber and some other authorities. In addition to the Parliamentary Ombudsman, Norway has an Ombudsman for the Rights of the Child (Norway became the first country to introduce such a position), an Ombudsman for the Protection of the Rights of Armed Forces, an Ombudsman for Equality and Non-Discrimination, and local ombudsmen. In addition to his traditional powers, the Danish ombudsman is empowered to monitor existing laws and other administrative regulations. In case of shortcomings, the ombudsman informs the parliament, the responsible minister, local governments. The Ombudsman has the right to receive information, documents, written statements, etc. from the authorities in order to investigate or consider a complaint. However, the Danish ombudsman may not criticize or make recommendations to public authorities or their officials until they can make a statement on the matter. In addition to the parliamentary ombudsman, there are also local ombudsmen in Denmark, including the ombudsman of Greenland and ombudsmen in every major city. The authors concluded that the Swedish model of ombudsman should be implemented in Ukraine.
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Last modified: 2022-06-24 21:44:51