PARTICIPATION OF THE OMBUDSMAN IN THE ADMINISTRATIVE PROCESS UNDER THE CONDITIONS OF PROTECTING NATIONAL SECURITY

Abstract

The article is devoted to determining the procedural status of the Ukrainian Parliament Commissioner for Human Rights in administrative proceedings in the context of the protection of Ukraine's national security. The normative consolidation of the constitutional status of the Commissioner, as well as the powers defined in the relevant law, were studied. Separately, examples of regulatory consolidation of the possibilities of the Ombudsman's participation in the administrative process, established at the level of the Code of Administrative Justice of Ukraine, were given. The activity of the Ombudsman under the conditions of the legal regime of martial law on the territory of Ukraine from February 24, 2022 was analyzed. It has been found that the Code of Administrative Procedure of Ukraine does not provide for the participation of the Commissioner as a representative of a party in an administrative proceeding but leaves to the investigated subject the right to appeal to the court in the interests of other persons, which creates ambiguity in determining his procedural status and confirms the need for conducting research. It was determined that since the introduction of the legal regime of martial law in Ukraine, the rights, and possibilities of the Ombudsman's participation in the administrative process have not been expanded. It was found that the Ombudsman does not act in the role of a legal representative or one defined by the representative contract, however, his activity is directly aimed at protecting the rights, freedoms and interests of individuals in administrative proceedings, therefore the Ombudsman acts within the administrative proceeding as a separate subject of appeal and his rights and obligations (legal status) is not limited by the procedural legal personality of the person in whose interests the Ombudsman applies to the court. It was concluded that, as part of the implementation of the idea of national security protection, the participation of the Ukrainian Parliament Commissioner for Human Rights is an important condition for ensuring the prevention of offenses by subjects of authority and the guarantee of access to justice for private individuals within the framework of administrative proceedings, and the inclusion of the Ombudsman in the system of civil control additionally contributes to the functioning of the legal state even in the conditions of the legal regime of martial law.