WAYS OF STRENGTHENING THE GUARANTEES OF THE EXERCISE OF POWERS OF THE COMMISSIONER FOR THE EUROPEAN COURT OF HUMAN RIGHTS

The article is devoted to determining the ways of strengthening the guarantees of exercising the powers of the Commissioner for the European Court of Human Rights. Pertinence of the issues raised in the article stems from the fact that analysis of the provisions of the legislation of Ukraine determining the organization, powers and procedure of activities of the Commissioner for the European Court of Human Rights indicates the absence or insufficiency of adequate guarantees for the exercise of powers by this government official in the main areas of their activity, which negatively affects the institutional capacity of the Commissioner for the European Court of Human Rights. In order to fulfill the tasks assigned to them to ensure the representation of Ukraine in the European Court of Human Rights and execution of its judgments, the Commissioner for the European Court of Human Rights is vested with powers that include their, first of all, with: (1) the state executive service and the state treasury in part of the compensation payments; (2) administrative bodies whose area of competence includes taking additional individual measures by reviewing the applicant’s case; (3) by the Cabinet of Ministers of Ukraine and the Supreme Court of Ukraine within executing the measures of a general nature. In order to fulfill the tasks of the Commissioner for the European Court of Human Rights, they are assigned a control toolkit that is not coercive and does not include effective incentives. The greatest influence on the government authorities can be exerted only by submitting a grievance to the Prime Minister of Ukraine and initiating an investigation of the actions or malfeasance of officials of the state executive service by this service itself. Instead, the Commissioner for the European Court of Human Rights should have the authority to issue orders on chiefs of relevant government authorities calling them on to implement the measures provided for by the decision of the European Court of Human Rights (provided that they are informed about the essence and rules of implementation of these measures), with the possibility to impose administrative sanction on them for repeated non-fulfillment without good reason of the measures provided for by the decision of the European Court of Human Rights, as well as imposing on the officials of respective government authority responsibility measures for charging interest ECHR and other negative consequences.