Формування інституту військового омбудсмена в Україні: роль і значення принципу незалежності

The study reveals the content, functional purpose and prospects for the establishment of the military ombudsman institution in Ukraine, taking into account modern challenges, in particular a full-scale war. Emphasis is placed on the key importance of the principle of independence in the institutional and operational dimensions. It is emphasized that the autonomous status of the commissioner, impartiality in the appointment process, as well as guarantees of financial independence are fundamental prerequisites for the effective functioning of such an institution. At the same time, operational autonomy consists in the freedom to make decisions regarding the priorities of activities, methods of work, initiating investigations and forming reports without external influence. A comparative analysis of the functioning models of similar institutions in a number of countries (Germany, Norway, Canada, Ireland, France, USA) was carried out, and a typology of approaches to organizing control over the armed forces was determined. The authors consider the approaches of scholars to the role of the military ombudsman as an instrument of democratic and civilian control, which allows ensuring a balance between national security and the protection of the rights of servicemen. Particular attention is paid to the function of protection against systemic violations, shortcomings in legal regulation and management decisions that can negatively affect the moral climate and legal protection of personnel. It is emphasized that the institution of the Commissioner for the Protection of the Rights of Servicemen should become not only an advisory or symbolic element, but a full-fledged subject of control with broad powers, access to confidential information and the right to communicate with the public. Arguments are put forward in favor of the fact that, under conditions of full-fledged functioning, the institution can not only respond to individual complaints, but also form a policy of systemic protection of rights within the security and defense sector. The conclusions propose a conceptual justification for the model of a military ombudsman for Ukraine, where special attention is paid to the need for legal consolidation of guarantees of independence and resource provision. The introduction of the institution of a military ombudsman is considered an important component of the overall transformation of the Ukrainian army in accordance with the principles of the rule of law, transparency and accountability.