The genesis of the National Preventive Mechanism is examined in the article. The fact that the chosen model of “Ombudsman +” involves a combination of the Ombudsman’s Institute, along with representatives of non-governmental organizations and members of the public is found out. The implementation of the Ombudsman + model envisages that not only the Ombudsman himself will be involved in the process of monitoring the human rights observance in places of detention, but also members of the public who will be able to visit places of detention after receiving certain rights from the Ombudsman and check human rights there and then report to the central office, in order to fix the problems or provide recommendations to local (or central) executive bodies for improving the situation. Emphasis is placed on the fact that the establishment of the National Preventive Mechanism should in no way duplicate the functions of bodies such as the Prosecutor’s Office or the National Police. Proposed changes will help to improve the proper implementation of the National Preventive Mechanism: improvements of the legislation governing the activities of places of detention; changes in the standards of providing certain social services (applies to social places of detention); creation of bodies to monitor compliance with standards in places of detention; creation of new monitoring mechanisms to monitor compliance with standards during the stay of people in places of detention; changes in the attitude of society towards people who find themselves in places of detention and promoting the policy of “openness” of such institutions, etc.

Key words: Commissioner for Human Rights of the Verkhovna Rada, National Preventive Mechanism; rights and legitimate interests; convicts; prisoners; “Ombudsman +”.

References

1. United Nations Organization (2002), Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: Protocol, the General Assembly, New York, available at: https://zakon.rada.gov.ua/laws/show/995_f48#Text (accessed 01 May 2002).
2. Ukraine (2011), On the Commission for the Prevention of Torture : Law of Ukraine, President of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/950/2011#Text (accessed 01 May 2002).
3. Ukraine (1997), On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine : Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/776/97-%D0%B2%D1%80#Text (accessed 01 May 2002).
4. Chernousov, A., Kobzin,, Shcherban, S. and Martynenko, O. (2019), National Preventive Mechanism against Torture and Ill-Treatment (NPM) in Ukraine, Prava Liudyny, Kharkiv.
5. Ukraine (2012), Criminal Procedure Code of Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/4651-17#Text (accessed 01 May 2002).
6. Special report of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, Status of implementation of the National Preventive Mechanism in 2020 (2020), available at: https://ombudsman.gov.ua/uk/specialni-dopovidi-npm (accessed 01 May 2022).