Institutional orientation as of the criteria for the forms of interaction of the ombudsman with other state authorities, local self-government bodies and the public

Abstract

The article examines institutional orientation as one of the criteria for the forms of interaction of the Ombudsman with other state authorities, local self-government bodies and the public in Ukraine. It is noted that the study of the forms and mechanisms of cooperation between the Ombudsman, state authorities and the public requires a scientific and theoretical distinction between the direct forms of the Ombudsman’s activity and the forms of the Ombudsman’s interaction with other actors. The latter should be considered as a specific system of legal communication aimed at consolidating efforts in the preventive sphere. The concept of legal communication is analyzed. It is understood as: dialogue with public authorities; direct contact with citizens; joint monitoring and partnership; procedural and international coordination. The interaction of the Ombudsman with the public and civil society is characterized as the foundation of democratic control. Such interaction is implemented through: the establishment of advisory councils under the Ombudsman, which include human rights defenders, experts and representatives of civil society organizations; the involvement of public representatives in joint monitoring visits, which makes inspections more independent and transparent; and the presentation of annual and special reports that are discussed with the expert community and the media. It is emphasized that cooperation with international institutions and ombudsmen of other countries creates additional guarantees for the protection of the rights of Ukrainian citizens abroad and contributes to the implementation of international standards into national legislation. The article proposes the author’s definition of institutional orientation as a form of interaction of the Ombudsman with other state authorities, local self-government bodies and the public. Institutional orientation is understood as the Ombudsman’s ability to perform his or her functions through the targeted provision of an appropriate level of legal regulation, as well as the systemic, structural and functional organization of the Ombudsman’s activities, focused on interaction with state and non-state institutions. The article also concludes that institutional orientation as a form of interaction of the Ombudsman with other state authorities, local self-government bodies and the public includes vertical interaction, namely state-authority interaction; horizontal interaction, namely social interaction; and cross-border, or international, coordination.