Mukan B. Reforming the Institute of the Commissioner of Ukraine for the European Court of Human Rights: the public administration aspect

On the basis of the conducted research the methodological approach of the complex research of the process of reforming the public-administrative constituent of the Institute of the Commissioner of Ukraine for the European Court of Human Rights is proposed and the structural-functional model of the institute is suggested. The genesis of the Statute of the Commissioner for European Court of Human Rights has been considered. The causal link between the process of reforming the European Court of Human Rights and the particularities of the development of national bodies in the European Court of Human Rights by member states of the Council of Europe is analyzed. The main periods of reforming the national authorities of the European Court of Human Rights were identified. Problematic aspects of the legal regulation of the organization of the Commissioner’s Institute activity have been identified. The conceptual apparatus of the Institute of the Commissioner for European Court of Human Rights as a subject of public administration has been clarified. It has been found out that in the governmental aspect, the Ombudsman’s institute should be regarded as an integral, organic component of the international convention mechanism for the protection of human rights and fundamental freedoms of the European Court of Human Rights, which has a complex structure and functionality covering various spheres of life in which The European Court of Human Rights has found a violation of the Convention. The experience of European countries in organizing the activities of the national institutes of the Commissioner for European Court of Human Rights has been generalized. Comparatively structural and functional models of two of the founders of the conventional mechanism for the protection of human rights and freedoms - Germany and the United Kingdom, also countries of the сostcommunist space - the Czech Republic, Slovakia, Lithuania, Moldova with the Institute of the Commissioner of Ukraine for European Court of Human Rights. The features of functioning of the Institute of Commissioner of Ukraine were singled out. The ways of ensuring the protection of human rights and freedoms by the Institute of the Authorized Representative of Ukraine are identified, namely: monitoring and analytical activity; general outreach activities; individual counseling; educational activity; enforcement of decisions of the European Court of Human Rights; expert-methodological activity. It is noted that expert methodological activity is a significant way of ensuring the protection of human rights and freedoms. The mechanism of implementation of the decision of the European Court of Human Rights in the aspect of the task of the Institute of the Commissioner for the European Court of Human Rights to coordinate the process of execution of decisions has been improved. Based on the above scientific findings and experience of foreign countries, it is concluded that having a parliamentary control function and participating in the implementation of decisions of the competent committees of the Verkhovna Rada of Ukraine would significantly enhance the implementation of the Convention and increase the effectiveness of the implementation of decisions of the European Court of Human Rights. The organizational and legal relations of the Institute of the Commissioner with the European Court of Human Rights have been improved. The main stages of interaction and the problematic components in the Institute’s relations with the European Court of Human Rights were identified. Problems are specified and solutions are provided. The organizational and legal measures of reforming the Institute of the Commissioner of Ukraine in the European Court of Human Rights have been substantiated with regard to: clarification of the status of the Institute of the Commissioner of Ukraine in the European Court of Human Rights; decentralization of powers of the Commissioner’s institute and detailing the activities of its representative offices; expanding the functions of the Commissioner’s cooperation with other actors in the field of protection of the Convention’s human rights and freedoms at the international and national levels; the resolution of the conflict of tasks of the Commissioner; establishing systematic cooperation with civil society in the field of protection of human rights and freedoms. A structural and functional model of the Institute of the Commissioner of Ukraine in the European Court of Human Rights has been developed.