Key Benefits:
On the Commissioner of the Verkhovna Rada of Ukraine on Human Rights
(Information of the Verkhovna Rada of Ukraine (VR), 1998, No. 20, pp. 99)
{Concerning the recognition of the constitutional individual provisions. Decision Of The Constitutional Court No. 5-rp/ 2000 of 18.04.2000 }
{With changes under the Laws
No. 274-VI of 15.04.2008 , OB, 2008, No. 25, pp. 240
No. 4652-VI of 13.04.2012 , VR, 2013, No. 21, pp. 208
No. 4711-VI of 17.05.2012 , BBR, 2013, No. 14, pp. 89
No. 5207-VI of 06.09.2012 , VB, 2013, No. 32, pp. 412
No. 5409-VI of 02.10.2012 , VB, 2013, No. 41, pp. 552
No. 1170-VII of 27.03.2014 , BBR, 2014, No. 22, pp. 816
No. 1262-VII of 13.05.2014 , BBR, 2014, No. 27, pp. 914
No. 1697-VII of 14.10.2014 , BBR, 2015, No. 2-3, pp. 12
No. 77-VIII of 28.12.2014 , BBR, 2015, No. 11, pp. 75}
Article 1. Parliamentary control of the retention of constitutional rights and human rights
Parliamentary control of the implementation of constitutional rights and freedoms of human and citizen and protection of rights of each on the territory of Ukraine and within its jurisdiction is exercised by the Commissioner of the Verkhovna Rada of Ukraine on the rights of human rights (continued) Commissioner), who is governed by Constitution of Ukraine , by the laws of Ukraine, the current international treaties, the consent of which was provided by the Verkhovna Rada of Ukraine.
The application of the Law is a relationship arising from the realization of the rights and freedoms of a person and a citizen between a citizen of Ukraine, regardless of the place of his stay, a foreigner or a person without citizenship who are in the territory of Ukraine and by the authorities. Public authorities, local governments and their officials and officials.
{Part of the first article 2 with changes made under the Act No. 1262-VII of 13.05.2014 }
The Act also applies to relationships arising between public and private law, as well as individuals who are in the territory of Ukraine, in cases provided by individual law.
{Article 2 is supplemented by part two under the Law No. 1262-VII of 13.05.2014 }
Article 3. The purpose of parliamentary control to hold constitutional rights and human rights
The aim of the Parliamentary Monitoring of Commissioners is:
(1) Protection of the rights and freedoms of the person and of the citizen declared by the Constitution of Ukraine, the laws of Ukraine and international treaties of Ukraine;
(2) to hold and respect the rights and freedoms of the person and citizen of the subjects referred to in Article 2 of this Act;
(3) Preventing violations of the rights and freedoms of the person and of the citizen or to promote their renewal;
4) promoting Ukraine ' s legislation on the rights and freedoms of human and citizen in compliance with the Constitution of Ukraine, international standards in the field;
5) improvement and further development of international cooperation in the field of protection of human rights and civil liberties;
(6) Preventing any form of discrimination against the realization of the human rights of their rights and freedoms;
7) to promote the legal awareness of the population and protect confidential information about the person.
Article 4. The legal status of the Commissioner
The authority is the official, whose status is defined by the Constitution of Ukraine, the Law, the Law of Ukraine "On State Service", the other laws of Ukraine.
{Part 1 Article 4 of the changes made under the Act No. 5207-VI of 06.09.2012 }
The Commissioners exercise their activities independently of other government bodies and officials. The activities of the Commissioner complement the existing means of protecting the constitutional rights and freedoms of the person and of the citizenry, and do not repeal them and do not burden the competence of the public bodies that provide protection and renewal of violations of rights and freedoms.
The powers of the Commissioner may not be terminated or restricted by the termination of the term of the Verkhovna Rada of Ukraine or its dissolution (self-dissolution), the introduction of a military or emergency state in Ukraine or in separate areas.
The Commissioner has a seal with the image of the small State Herb of Ukraine and its name.
The seat of the Commissioner is the capital of Ukraine, the city of Kyiv.
Chapter II
APPOINTMENT, DISMISSAL AND TERMINATION OF OFFICE OF THE OFFICE OF THE SUPREME COUNCIL OF UKRAINE ON HUMAN RIGHTS
Article 5. Authorization to the candidate for the post of Commissioner and appointment of the Commissioner
The Commissioner is appointed to the office and is dismissed from the post of the Verkhovna Rada of Ukraine by a secret ballot by representing the ballots.
The Commissioner may be appointed a citizen of Ukraine, who has been elected to the state language for 40 years, has high moral qualities, the experience of human rights and the last five years living in Ukraine.
Concerning persons who claim to occupy the post of Commissioner, in their written consent, a special inspection is held in the order established. Law of Ukraine "Prevention and Prevention of Corruption".
Persons who claim to occupy the position of the Commissioner, prior to the appointment of a competent authority, the declaration of property, income, expenses and the obligation of the financial character in form and in the order established The Law of Ukraine "On the Principles of Prevention and Counter Corruption".
An authorized person must not be appointed, which has not been repaid or lifted by a crime conviction, other than rehabilitated or for which during the last year was imposed by administrative infringement to commit corruption offences.
The Commissioner is appointed for five years, which begins with the day of the oath of office at the plenary session of the Verkhovna Rada of Ukraine.
The requirements and limitations set forth by the Law of Ukraine "On the basis of prevention and anti-corruption" are established.
{Article 5 in the edition of the Law No. 4711-VI of 17.05.2012 }
Article 6. Order of the nomination of the Commissioner
Proposals for a candidate (s) for the post of Commissioner include the Chairman of the Verkhovna Rada of Ukraine or at least one fourth People's Deputies of Ukraine from the constitutional composition of the Verkhovna Rada of Ukraine. The corresponding committee of the Verkhovna Rada of Ukraine on the results of a special inspection provided for Article 5 This Act, gives the Verkhovna Rada of Ukraine its inferences concerning each nomination as Commissioner, according to its requirements stipulated by this Act, and the lack of reasons that would hinder her position.
{Part of the first article 6 with changes made under the Act No. 4711-VI of 17.05.2012 }
The nomination for appointment to the post of Commissioner is carried out in a twenty-day period from the following day after:
(2) The end of the line on which the Commissioner was appointed, or the termination of his authority or dismissal;
(3) the announcement of the results of the vote if the Commissioner was not appointed.
The vote is held during the plenary sessions of the Verkhovna Rada of Ukraine with ballots for a secret ballot, but do not race as in ten days and not later than twenty days after the completion of the deadline for the nomination of candidates to participate in the election.
The candidate for whom the majority of People's Deputies of Ukraine voted to be from the constitutional structure of the Verkhovna Rada of Ukraine voted for.
If more than two candidates were nominated and none were appointed, the Verkhovna Rada of Ukraine held a re-vote on two candidates who received the most votes.
Re-voting from the nomination of the Commissioner is held in a manner defined by this article.
In case none of the candidates for the position of Authorship authorized the required number of votes, again the nomination for appointment was made for the nomination of the Commissioner.
Article 7. The Office of the Commissioner
At the entrance to the office of the Verkhovna Rada of Ukraine in plenary session of the Verkhovna Rada of Ukraine, it is an oath of this content: " I, (name and surname), in the post of the Commissioner of the Verkhovna Rada of Ukraine on human rights, solemnly oath to be honest and conscientious. To protect the rights and freedoms of human and citizen, to fulfill their duties, to fulfil the Constitution of Ukraine and the laws of Ukraine, and to be governed by justice and property. I pledge to act independently, in the interest of man and citizen. "
The powers of the Commissioner begin with an oath of office.
Article 8. Incompatibility of the post of Commissioner
The Commissioner may not have a representative mandate, embrace any other positions in state power, perform other paid or unpaid work in state power, local government bodies, associations of citizens, enterprises, in institutions, regardless of the form of property other than teaching, scientific or other creative activities.
He cannot be a member of any political party.
In the presence of circumstances specified in parts of the first and second of this article, the Commissioners must eliminate them within ten days of its appointment. In this case, he is unable to make an oath.
If the circumstances specified in parts of the first and second of this article arose during the activities of the Commissioner, they must be eliminated within ten days of the day when it became known.
In the event of an impossibility to remove them within ten days, the Commissioner is obliged to make a statement of the refusal to perform any other errands or powers except those belonging to the Commissioner.
If the Commissioner does not comply with established requirements, his authority will cease and the Verkhovna Rada of Ukraine is obliged to dismiss it from office. New signage and appointment of the Commissioner shall be carried out on the procedure provided for Article 6 of this Act.
Article 9. Termination and dismissal from the post of Commissioner
The powers of the Commissioner shall cease in the case of:
(1) denying it from further enforcement of duties by submission of a statement on the composition of his powers;
2) the accused of the lawful force of the indictment against him;
3) by the legal decision of the decision of the court on the recognition of a person who holds the office of an empowered, unwittingly absent or of the declaration of the deceased;
(4) To be sworn in by the newly elected Commissioner;
5) the death of a person who holds the office of the Commissioner.
The Verkhovna Rada of Ukraine accepts the decision on the dismissal from the office of the Commissioner to the end of the line on which he was elected, in the case of:
2) violations of the requirements of incompatibility activities;
(3) The cessation of citizenship of Ukraine;
4) incapacity for more than four months of the charge to perform duties due to unsatisfactory health or performance loss.
The conclusion on the presence of the grounds for dismissal from the office of the Commissioner must give a temporary special commission to the Verkhovna Rada of Ukraine.
The Verkhovna Rada of Ukraine, for the presence of the stated articles, should consider the question and adopts the appropriate decree to be dismissed from the post of Commissioner for the post of the Chairman of the Verkhovna Rada of Ukraine or less than one fourth of the People's Deputies of Ukraine. Ukraine from the Constitution of the Verkhovna Rada of Ukraine.
The Commissioner is considered to be dismissed from office if most people's deputies of Ukraine from the constitutional composition of the Verkhovna Rada of Ukraine voted for it.
Termination of authority and dismissal from the office of the Commissioner shall be arranged by the appropriate decision of the Verkhovna Rada of Ukraine.
Chapter III
ORGANIZATION OF THE WORK OF THE
Article 10. Secretariat of the Commissioner
To ensure the activity of the Commissioner is formed by the Secretariat, which is a legal entity, has its account in the bank and the seal of the established specimen.
The structure of the secretariat, the distribution of duties and other matters concerning the organization of its work is regulated by the Office of the Secretariat of the Commissioner of the Verkhovna Rada of Ukraine on Human Rights (further). The Law of Ukraine "On State Service" is distributed to the staff of the Secretariat. The provisions and concerns of the secretariat are approved by the Commissioner within the cost of costs associated with the activities of the Commissioner. Authorized to the office and the dismissal of staff of the Secretariat shall be exercised by the Commissioner.
When authorized to provide advisory support, conducting scientific research, and the study of proposals on improving the state of protection of human rights and citizens can be created by an advisory board (which can act on (a) A person who has experience working in the field of protection of human rights and civil liberties.
Article 11. Authorized Representatives
The Commissioner has the right to appoint his representatives within the allocated funds approved by the Verkhovna Rada of Ukraine.
The organization of the activities and limits of the representatives of the members of the Commissioner is regulated by the Board of Representatives of the Commissioner of the Verkhovna Rada of Ukraine on the rights of the person who is approved by the Commissioner.
Article 12. Order of funding of the Commissioner
The funding of the activities of the Commissioner is made at the expense of the State Budget of Ukraine and is annually assumed to be a separate line.
The Commissioner is developing, providing for approval by the Verkhovna Rada of Ukraine and fulfils its costs.
The financial statements are filed by the Commissioner in the order established by the legislation of Ukraine.
The Verkhovna Rada of Ukraine and the relevant authorities and bodies of local government create the necessary conditions for the activities of the Commissioner, its secretariat and representatives.
Chapter IV
THE AUTHORITY OF THE EMPOWERED
Article 13. Rights of the Commissioner
The Commissioner has the right to:
(1) The undeferred reception of the President of Ukraine, Chairman of the Verkhovna Rada of Ukraine, Prime Minister of Ukraine, the heads of the Constitutional Court of Ukraine, the Supreme Court of Ukraine and higher specialized courts of Ukraine, the Prosecutor General of Ukraine, other government bodies, local government bodies, associations of citizens, businesses, institutions, organizations regardless of the form of property, their officials and officials;
2) to be present at the meetings of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Constitutional Court of Ukraine, the Supreme Court of Ukraine and the higher specialized courts of Ukraine, the collegiate of the prosecution of Ukraine and other collegial organs;
(3) To address the Constitutional Court of Ukraine with the following:
about matching Constitution of Ukraine the laws of Ukraine and other legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, the legal acts of the Supreme Council of the Autonomous Republic of Crimea, which relate to the rights and freedoms of the person and the citizen;
The official interpretation of the Constitution of Ukraine and the laws of Ukraine;
3 - 1 ) To contribute to the established order of proposals to improve the legislation of Ukraine in the area of protecting the rights and freedoms of persons and of the citizen;
{Article 13 is supplemented by paragraph 3 - 1 under the Law No. 5409-VI of 02.10.2012 }
(4) It is no obstacle to attend public authorities, local governments, businesses, institutions, organizations regardless of the form of ownership, be present at their meetings;
5) on familiarity with documents, including those containing information with limited access, and obtaining their copies in government authorities, local government bodies, associations of citizens, on enterprises, in institutions, organizations, etc. regardless of the form of ownership, the prosecution bodies, including cases that are in the courts.
Access to information with limited access is exercised in the order established by the law;
{Paragraph 5 of Article 13 in the edition of the Law No. 5409-VI of 02.10.2012 }
6) require officials and officials of the public authorities, local governments, businesses, institutions, organizations regardless of the form of ownership of facilitating the inspections of the activities of the subordinate and subordinated to them. enterprises, institutions, organizations, the allocation of specialists to participate in the conduct of inspections, experts and the provision of relevant findings;
7) invite officials and officers, citizens of Ukraine, foreigners and persons without citizenship to obtain oral or written explanations concerning the circumstances being tested;
8) attend without prior notice of the time and purpose of visiting the following places:
locations in which individuals are forcibly held by the judicial decision or by the decision of the administrative body according to the law, including temporary detention, rooms for detainees and the delivery of the internal parts of the internal affairs organs, temporary stay of foreigners and persons without citizenship who are illegally in Ukraine, rooms to stay temporarily detained by military personnel, investigators of isolators, arrest of the houses, criminal and executive institutions for children, public schools and social school vocational schools rehabilitation, centers for medical rehabilitation of children, special institutions, military units, gauttwahti, disciplinary battalions, special reception facilities for persons subjected to administrative arrest, urban, district management, and other departments, line controls, departments, departments, internal affairs facilities, specialized cars (including specialized cars with convoy), premises (rooms) for the maintenance of defendants (convicted) in courts, institutions of forced labour Treatment;
Temporary accommodation for refugees;
The premises for transit passengers in points of descent through the public border;
houses of the child, children 's boarding houses, children' s shelters for children, orphanages, general education boarding schools for orphans and children deprived of parental care, centers for social rehabilitation of children disabled, centres of socio-psychological Rehabilitation of children
Psychoneurological internships;
The guerriatric pansionates, the boarding house for the citizens of the elderly and the disabled people;
A boarding house for war and labor veterans;
Social rehabilitation centers.
{Paragraph 8 of Article 13 in the Drafting of the Law No. 5409-VI of 02.10.2012 }
8 - 1 ) Survey individuals who are in the places specified in paragraph 8 of this article, and receive information concerning the handling of these individuals and the conditions of their holding;
{Article 13 is supplemented by paragraph 8 - 1 under the Law No. 5409-VI of 02.10.2012 }
(9) To be present at meetings of the courts of all installations, including at the closed court meetings, provided the terms of the subject's consent, in the interest of which the judicial review is declared closed;
10) to protect the rights and freedoms of person and citizen personally or through their representative in the prescribed order of order:
to address the protection of rights and freedoms of persons who are due to the physical condition, the failure of the age, the elderly, the incapacity, or the limited capacity to be unable to protect their rights and liberties; to participate in the judicial proceedings; The proceedings were opened by his actions (statements, clatonations (positions);
To enter into the case, the proceedings of which are opened by the lawsuits (statements, petitions (s) of other persons, at any stage of their trial;
Initiating regardless of its participation in the judicial proceedings, the revision of court decisions;
{Paragraph 10 of Article 13 in the Drafting of the Law No. 1697-VII of 14.10.2014 }
11) to apply to the relevant bodies of action to respond to the State authorized in the event of the detection of human rights and civil liberties and the citizen for the exercise of these organs;
(12) to check the state of enforcing established rights and freedoms of man and citizen by appropriate state bodies, including those who undertake operational and emergency activities, undertake the execution of court decisions, to exercise in the prescribed order. Suggestions for improving the activities of such bodies in this sphere;
{Paragraph 12 of article 13 with changes made under the Laws No. 5409-VI of 02.10.2012 , No. 1697-VII of 14.10.2014 }
(13) To exercise control of the equal rights and opportunities of women and men;
{Article 13 is supplemented by paragraph 13 under the Law No. 274-VI of 15.04.2008 }
(14) To exercise other powers defined by the law.
{Article 13 is supplemented by paragraph 14 under the Law No. 1262-VII of 13.05.2014 }
Article 14. Duties of the Commissioner
The Commissioners are required to report to the Constitution of Ukraine and the laws of Ukraine, other legal acts, rights and protected law of the interests of man and citizen, to ensure the fulfillment of the functions laid on it and to fully use the provided He's right
The Commissioner is obliged to retain confidential information. This obligation is valid and after the termination of its mandate.
In case of dissolving such information, the Commissioner is responsible for the established law.
The Commissioner does not have the right to disrespect information about the complainant's personal life and other involvement in the statements of persons without their consent.
The Commissioner is responsible for parliamentary oversight of the right to access public information.
{Article 14 is supplemented by the Fifth under the Law of the No. 1170-VII of 27.03.2014 }
The Secretariat of the Commissioner for Human Rights, authorized by the Commissioner, provides for the publication and granting of information for requests addressed to the Commissioner for Human Rights, according to Law of Ukraine "Access to Public Information".
{Article 14 is complemented as part of the sixth under the Law No. 1170-VII of 27.03.2014 }
Article 15. Acts of action of the Commissioner
Acts of action authorized on violations of the Constitution of Ukraine, the laws of Ukraine, the international treaties of Ukraine on the rights and freedoms of the person and of the citizen are the constitutional representation of the Commissioner and the representation of the Commissioner to the States authorities, local governments, the union of citizens, businesses, institutions, organizations regardless of the form of property and their official and official persons.
Constitutional representation of the Commissioner-an act of responding to the Constitutional Court of Ukraine on resolution of the Constitution of Ukraine (constitutionality) of the law of Ukraine or another legal act of the Verkhovna Rada of Ukraine, the act of the President of Ukraine and the Cabinet of Ministers of Ukraine, the legal act of the Autonomous Republic of Crimea; the official interpretation of the Constitution of Ukraine and the laws of Ukraine.
The submission of the Commissioner is an act which is imposed by the authorities, the bodies of local self-government, the union of citizens, businesses, institutions, organizations regardless of the form of property, their official and official persons for life. The Convention on the Rights of the People's Republic of the United Nations
Article 16. Reasons for the failure of the checks and the purpose of the checks
The Commissioners exercise their activities on the basis of information about violations of the rights and freedoms of the person and of the citizen who receive:
1) for the appeals of citizens of Ukraine, foreigners, persons without citizenship or their representatives;
2) with the appeals of the People's Deputies of Ukraine;
Article 17. Consideration of an appeal to the Commissioner
The Commissioner accepts and views the appeals of citizens of Ukraine, foreigners, persons without citizenship or persons acting in their interests, according to Law of Ukraine "On the Appeal of Citizens".
The appeal is filed by the Commissioner in writing for a year after the detection of human rights and civil liberties and citizens. In the presence of exceptional circumstances, this line can be lengthened by the Commissioner, but not more than two years.
When considering an address for the Commissioner:
1) opens the proceedings against the violation of human rights and civil liberties;
2) explain the measures that the person who has filed for the authorization of the Commissioner;
(3) directs the appeal of the authority to the body, to the competence of which the case belongs, and controls the consideration of this appeal;
4) refuses to consider the appeal.
The commissioners do not consider those appeals that are considered by the courts, stopping by already starting consideration if a concerned person filed a lawsuit, a statement or a complaint to the court.
The message of accepting an appeal to the consideration or refusal of an appeal to the review is sent in a written form to the person who has filed it. The rejection of an appeal to the review must be motivated.
Article 18. Annual and special reports of the Commissioner
During the first quarter of each year, the Commissioner represents the Verkhovna Rada of Ukraine an annual report on the state of retention and protection of human rights and freedoms in Ukraine by state authorities, local governments, associations citizens, businesses, institutions, organizations regardless of the form of property and their officials and officers who have violated their actions (inactivity) of the rights and freedoms of the person and of the citizen, and of the identified deficiencies in the law; Protection of human rights and civil liberties.
The annual report must contain references to cases of violations of human rights and freedoms, of which the Commissioners had taken the necessary measures, to the results of the inspections undertaken during the year, conclusions and recommendations directed at Improve the status of human rights and civil liberties.
If necessary, the Commissioner can present a special report (a report) on individual issues of human rights and civil liberties.
According to the annual and special (special) reports of the Commissioner, the Verkhovna Rada of Ukraine accepts the ordinance.
The annual and special reports, together with the decision of the Verkhovna Rada of Ukraine, are published in official editions of the Verkhovna Rada of Ukraine.
Article 19. Participation of the Commissioner in International Cooperation
The Commissioner participates in the preparation of human rights reports submitted by Ukraine to international organizations according to the current international treaties, the consent of which was provided by the Verkhovna Rada of Ukraine.
Article 19 - 1 . Implementation of authorized functions of national preventive mechanism
The Commissioner relies on the functions of a national preventive mechanism, according to The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment .
To perform the functions of the national preventive mechanism of the Commissioner:
1) make regular visits to places listed in Paragraph 8 Article 13 of this Act, without prior notice of the time and purpose of the visits and without limiting their number;
" (2) To hold surveys of individuals who are in place specified in paragraph 8 of Article 13 of this Act, in order to obtain information concerning the treatment of these individuals and the conditions of their detention, and to the survey of other persons who may provide such information;
3) contribute to state authorities, state authorities, businesses, institutions, organizations regardless of the form of ownership, including the indicated property. Paragraph 8 Article 13 of this Act, proposals for prevention of torture and other cruel, non-human, or such as degrading the dignity, types of treatment and punishment;
(4) Involves on contractual arrangements (on a paid or unpaid basis) to the regular visits of places specified in paragraph 8 of Article 13 of this Act, representatives of public organizations, experts, scholars and specialists, including foreign;
(5) implements other powers stipulated by this Act.
A survey of individuals specified in paragraph 2 of Part Two of this article is carried out by the Commissioner for the absence of third parties and conditions that exclude the possibility of listening or eavesdropping. At the request of the Commissioner, if necessary, such a survey may be carried out in the presence of a translator, physician, institution workers identified in Paragraph 8 Article 13 of this Act, and in case of a survey of a minor person-its legal representative, an educator or a psychologist.
Representatives of public organizations, experts, scientists, and specialists involved in the contractual basis to perform the functions of the national preventive mechanism are visited on the basis of a separate written order of the authorized place. Given Article 13 of Article 13 of this Act, and with the enforcement of the requirements of a third of this article, it may be interviewed by individuals who are in such places to obtain information concerning the treatment of these individuals and to the conditions of their detention.
Information with limited access, including confidential, is obtained by the Commissioner, representatives of public organizations, experts, scientists and specialists involved with the execution of functions of the national preventive mechanism, during The survey of individuals who are in place specified in paragraph 8 of Article 13 of this Act is used with the enforcement of the legislation of Ukraine on information.
At the request of the Commissioner of State, public bodies, businesses, institutions and organizations independently of the form of property should provide information about the number of persons in place specified in paragraph 8 of Article 13 of this The law, the number of such places and their whereabouts, and any other information regarding the handling of persons and the conditions of their detention.
The Secretariat of the Commissioner creates a separate structural unit on the issues of malnutrition and other cruel, non-human or degrading treatment, treatment and punishment. Prior to working in this structural unit, the equal representation of men and women and the representation of national minorities is involved in specialists of various specialties that have proper professional training.
The Commissioners will prepare a special report on the state of affairs concerning the lack of torture in Ukraine torture and other cruel, non-human or such that derelate the dignity, types of treatment and punishment. Such a report is published in the media and is sent by the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine with the enforcement of the legislation of Ukraine on information.
During the execution of functions of the national preventive mechanism, the Commissioner interacts with the Sub-Committee on the Inviolability of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee Against Torture, Under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as with international organizations and the relevant bodies of foreign states, The activities of which are related to this sphere.
Funding for national preventive mechanisms is foreseen in the State Budget of Ukraine.
{Section IV complemented by Article 19 - 1 under the Law No. 5409-VI of 02.10.2012 }
Section V
GUARANTEES OF THE ACTIVITIES OF THE AUTHORIZED
Article 20. General guarantees of the Commissioner
The intervention of state authorities, local governments, the associations of citizens, businesses, institutions, organizations regardless of the form of property and their officials and officials in the activities of the Commissioner is prohibited.
The Commissioners do not have to provide an explanation for the merits of the cases which are completed or are in its failure.
The Commissioners shall enjoy the right of torture at all times of their own power. It cannot be without the consent of the Verkhovna Rada of Ukraine to be prosecuted or subjected to administrative liability imposed on a court order, apprehended, arrested, subjected to the search, and a personal review. Reports of suspicion of committing criminal offences may have been made by the Attorney General of Ukraine only. In violation of legislation on the guarantees of the activities of the Commissioner, its representatives and the staff of the Secretariat of the guilty person are prosecuted by the current legislation.
{Part of the third article 20 of the changes in the Act No. 4652-VI of 13.04.2012 }
After the end of the line of authority on which the person was elected to the post of Commissioner, she was given a job (the office) on which she worked for the appointment and which is held for her at the time of her duties of the Commissioner, and in case of impossibility Providing this work (positions) is another equivalent work (position) on the same or, for its consent, another enterprise, in the institution.
The Commissioners and its representatives, who work on a permanent basis, are subject to universal state social insurance, in accordance with legislation on general public social insurance.
{Part of Article 20 in the Drafting of the Law No. 77-VIII of 28.12.2014 }
Article 21. Guarantees for the protection of human rights and the citizen in appeal to the Commissioner
Anyone can without restrictions and obstacles to the Commissioner in order provided by the current legislation.
When referring to the Commissioner, there may be no privilege or restrictions on the signs of race, skin color, religious and other beliefs, sex, ethnicity, and social origin, property, place of residence, language, and other features.
A person deprived of the will may appeal to the Commissioner or his representatives. In this case, no restriction on correspondence has been applied to it. The treatment of such a person within twenty-four hours is sent to the Commissioner.
The correspondence of the Commissioner and its representatives from individuals who are detained are under arrest, under custody, in places of imprisonment and the places of forced detention or treatment, and other citizens of Ukraine, foreigners and persons without citizenship. regardless of the place of their stay, not to be subjected to any kind of censorship and checks.
Persons who have committed the actions prohibited by this article are prosecuted by the current legislation.
Article 22. Duty of cooperation with the Commissioner
State authorities, local governments, the union of citizens, businesses, institutions, organizations regardless of the form of property, office and service persons, to whom the Commissioners, are obliged to cooperate with him and submit to him. Necessary assistance, including:
1) provide access to materials and documents, including on the provisions defined by legislative acts on the protection of limited access information;
{Paragraph 1 of the first article 22, with changes made under the Act No. 1170-VII of 27.03.2014 }
2) provide information and to explain concerning the actual and legal basis of their actions and decisions;
(3) to consider the proposal of an authorized to improve their activities in the protection of human rights and civil liberties and in the monthly period of receiving proposals to provide a motivated written response to them.
{Part of first article 22, paragraph 3, under the Law No. 5409-VI of 02.10.2012 }
The failure of state authorities, local governments, the associations of citizens, businesses, institutions, organizations regardless of the form of property, their officials and employees from cooperation, and intentional hiding or granting false deeds. data, any illegal interference in the activities of the Commissioner for the purpose of countering the enactment under the current legislation.
1. This Act will take effect from the day of its publication.
2. The Cabinet of Ministers of Ukraine until 1 February 1998:
Apply for consideration by the Verkhovna Rada of Ukraine proposals for the introduction of legislation acts of Ukraine in compliance with the Law of Ukraine "On the Commissioner of the Verkhovna Rada of Ukraine on Human Rights";
To make the decision by the Government of Ukraine in compliance with the Act;
Provide a view and abolishment of ministries and other central executive bodies of Ukraine of normative acts contrary to this Act.
