Institute of the Ukrainian Parliament Commissioner for Human Rights: human rights vector of activity during the armed conflict

The article is devoted to understanding the role of the institution of the Ukrainian Parliament Commissioner for Human Rights in the context of armed conflict, which is accompanied by a gross leveling of the category of «human rights» and devaluation of its existential essence, and as a result, this determines the strengthening of the institutional capacity of the Ombudsman of Ukraine in the context of the national human rights protection mechanism. The object of this scientific research is the functioning of the Ombudsman of Ukraine in the constitutional and legal dimension of human rights protection, and thus the subject of the study is limited to the peculiarities of the implementation of the human rights functions of the Ukrainian Parliament Commissioner for Human Rights through the prism of the armed conflict. The methodological basis of the study is a system of general scientific and special methods of scientific cognition, the most common of which are dialectical, formal legal (dogmatic), legal comparative method, legal hermeneutics method, as well as modeling, analysis and synthesis methods which were used to formulate certain definitions, proposed scientific approaches, and to develop certain positions based on the review of regulatory and legal material. Based on the results of this study, the author proposes to deviate from the statutory time limits for applying to the Ombudsman by persons who are in the temporarily occupied part of the territory in order to provide appropriate legal protection and guarantee consideration of applications from this category of applicants, and determines the moment when the time limits begin to be calculated, the feasibility of such an approach, and models different time limits. Interpreting the provisions of the Law of Ukraine «On the Ukrainian Parliament Commissioner for Human Rights», the author proposes and deepens the understanding of «exceptional circumstances» for extending the time limits for filing an appeal during the armed conflict for no more than two years. The author draws attention to the state of practical implementation of the principle of institutional independence of the Ombudsman under martial law, notes the imperfect regulation of the direct principle in legislation and comes to a consolidated conclusion that it is necessary to regulate certain provisions of legal acts to ensure full establishment of the principle of impartiality and independence of the legal institution, and suggests options for eliminating conflicts of law.