ГавриловаО.А_summery (Конституционно-правовой статус омбудсмана в иберо-американских странах), страница 5

Another one of the more significant distinctions of ombudsmen’scompetence in these countries is the authority to petition the constitutional court forverification of constitutionality of legislation acts. Another important feature is theauthority to of ombudsmen in Bolivia, Venezuela, Honduras, Mexico, Panama,Paraguay, Uruguay, Ecuador and El-Salvador to monitor the implementation by thegovernment bodies and officials of the international agreements in the field of humanrights protection ratified by the government, as well as monitoring the compliancewith the agreements made during international ombudsmen symposiums.The third paragraph “Administration and operation procedure of IberoAmerican ombudsmen, forms of reactions to recognized human rightsviolations” of the second chapter of the dissertation researches different ways oforganizing the service of an ombudsman and identifies general stages of theombudsman’s investigation procedure.

It analyzes the reasoning behind the provisionsin the legislation of a number of Ibero-American countries stating that during theinvestigation government officials must provide an ombudsman with any informationnot threatening the judicial, government or other classified and protected by lawinformation, as well as cooperating with an ombudsman through other means. Theconclusion has been reached, that the liability of the officials for refusing to cooperatewith an ombudsman should not be provided for in the law, as an ombudsmanpossesses soft power, and cooperation with this institution (in accordance with theidea behind its creation) should be based in respect of the law and of an ombudsman’sauthority, and not rigid mechanisms.

It has been noted, that legislation of Hondurasand Mexico contain provisions regarding the interaction between the publicprosecution office and an ombudsman in respect to fulfilling the ombudsman’srecommendations. The notion of the binding force of the ombudsman’srecommendations is explained by insufficient levels of legal awareness, lack ofexperience with democratic institutions, as well as establishment of human rightsprotection institutions under pressure from the international society. These institutionsare implemented and aimed at improving the quality of life and protecting humanrights, but their functions are not fully understood within these countries. Therefore,ombudsman’s recommendations, undoubtedly, should not possess binding forceprovided for in the law.The fourth paragraph “Guarantees of the status of ombudsmen as a legalfactor of their effectiveness; liabilities of ombudsmen, relieving an ombudsmanof their duties” of the second chapter of the dissertation researches the guaranteesof on ombudsman’s status, aimed at ensuring the realization of their authorities andmission: autonomy of operation; involvement of the institutions of civil society in thediscussion process as provided for in the law; granting an ombudsman sufficientauthorities to realize their potential; ensuring permanent operation of ombudsmen (inregard to sufficient funding of an ombudsman’s office, especially in terms of theability receive donations from intergovernmental and non-governmental organizationswithin the framework of international cooperation of rights protection organizations,as well as from international organizations and other donations); ombudsman’simmunity; ability to establish autonomous bodies within the country, as well as on thesuper-national and international levels.

A conclusion was drawn, that organizationalunity of ombudsmen with public prosecution offices has a variety of conceptual andtechnical deficiencies that puts the efficiency of ombudsmen in jeopardy.The conclusion sums up the results of the research within the dissertation, aswell as defining some of the recommendations concerning improving the legislativeregulation of the institution of ombudsmen in the Russian Federation.The volume of 3.2 printed sheets worth of studies on the dissertation topic:Articles in the publications, recommended by the Higher AttestationCommission of the Ministry of Education and Science of the Russian Federation:1.O.

Gavrilova “The correlation with a public prosecution office as adistinctive feature of a Latin American ombudsmen: issues of ensuring autonomy andefficiency // Comparative constitutional review” 2016 № 6 (115). С. 123-134. – 1.2printed sheets2.O.A. Gavrilova “Distinctions in competence of Ibero-Americanombudsmen // Constitutional and municipal legislation” 2017 № 9. С. 70-73.

– 0.6printed sheets3.O. Gavrilova “Distinctions of emergence of the institution ofombudsmen in European Iberian countries // Comparative constitutional review.2018. № 3 (124). С. 33-46. – 1.4 printed sheets.