АДМІНІСТРАТИВНА ДІЯЛЬНІСТЬ ІНСТИТУТУ ОМБУДСМАНА У ВЕЛИКІЙ БРИТАНІЇ ТА КАНАДІ: ДОСВІД ДЛЯ УКРАЇНИ

Abstract

The article examines the issue of administrative and legal support for the administrative activity of the ombudsman system in Great Britain and Canada in the context of relevant experience for Ukraine. It is noted that, in global practice, the ombudsman institution operates in various organisational and legal forms, which are determined by the specific features of the legal systems and state structures of individual countries. The British and Canadian models of the functioning of the ombudsman institution are analysed. It is emphasised that the procedure for submitting complaints to the ombudsman in Great Britain is rather specific. Citizens do not have the opportunity to submit complaints directly, but must do so through a Member of Parliament. According to some scholars, such a procedure restricts one of the fundamental principles of the ombudsman’s activity – the principle of citizens’ direct access to this institution. Another feature of the British model is the requirement to maintain confidentiality regarding the identities of officials whose actions have become the subject of an investigation. It is highlighted that the Canadian ombudsman combines independent oversight of administrative bodies with certain legislative limitations. Such an organisational model makes it possible to protect the rights of citizens and military personnel within the scope of the ombudsman’s competence, while at the same time respecting the principles of state organisation and the autonomy of other branches of government. The article concludes that the British model of ombudsman activity provides grounds for the practical implementation of instruments for monitoring the quality of administration, while the Canadian experience is particularly relevant in view of the need for legal protection of the rights of military personnel and veterans. In the context of taking into account the experience of Great Britain, it is proposed to supplement Article 13 of the Law of Ukraine “On the Ukrainian Parliament Commissioner for Human Rights” with paragraph 11-1 in the following wording: “to conduct proceedings and investigate cases of maladministration manifested in the form of excessive procedural formalism, violation of time limits for consideration, or inaction during the examination of citizens’ complaints”. It is also advisable to take into account the Canadian experience of the Commissioner of Official Languages, who, unlike the Ukrainian language ombudsman, focuses not only on monitoring the use of the state language, but also on promoting the improvement of the quality of public services provided in minority languages.