Batanov O. V. Municipal services of protection of human rights: trends in the formation of Ukraine in the context of foreign experience
The article highlights the doctrinal and practical problems of formation and development of the institution of municipal ombudsman.
Warranty rights in local government – a kind of external mechanism limiting the arbitrariness of local officials and centralist “attacks” of the government which always seeks to expand and strengthen its presence in all areas of life. Due attention is focused on the need to create new and improve existing mechanisms of organizational and legal nature against the abuse of power. Improving procedures and mechanisms to protect the rights of local self-government – an important task of a democratic state.
Human rights are organically connected with all their complex relationship with the public and government officials fully possible only in the context of the principles of a democratic, social state of law, which develop and complement each other. These principles apply to the protection of the entire system of human rights: civil, political, economic, social and cultural.
In this regard, of particular interest is the constitutional-legal institute of the Public Defender, or Ombudsman, who successfully operated in many countries.
As international experience shows, national ombudsman as one person is not always able to cover all areas of its activities and the level of state and local life, which violated (may be broken) the rights of the individual. Therefore, some countries provided national ombudsmen office representatives on the ground, and therefore special interest is the Institute of regional and local commissioner communities.
Proved that international practice is moving towards localization and municipalization ombudsman. This is to ensure that this institute had the opportunity in full force, instantly realize their oversight functions in case of violation of human rights, including and especially within local communities as the primary subjects of local self-government.
It is proved that the institution of municipal ombudsman allows to eliminate existing gaps in the functioning of the human rights protection mechanisms is an important step in the development of democratic processes aimed at strengthening the system of local self-government, protection of the individual – the territorial community members, strengthening guarantees of municipal human rights, contributes to better governance territories and humanization of relations «human – the local self-government – the state».
Key-words: municipal ombudsman, local self-government, territorial hromada, municipal power, municipal human rights, decentralization.