Educational ombudsman in the system of protection of the constitutional right to education in Ukraine

The article examines the place and role of the educational ombudsman institution in the system of protection of the constitutional right to education, in particular, the procedure for appointing an educational ombudsman is characterized, the established requirements for a candidate for the position of educational ombudsman are analyzed, and positions are expressed on their clarification. Special attention is paid to the tasks and powers of the educational ombudsman and the study of the practice of their implementation. It is determined that despite the right to represent the interests of a person in court, judicial practice on this issue is ambiguous. Based on the analysis of court decisions, the practice of involving the educational ombudsman in the judicial consideration of individual cases of human rights violations is revealed. The activity of the educational ombudsman in the field of protection of the right to education, as well as information and educational activities and activities to improve the legal regulation of relations in the field of ensuring, implementing and protecting the constitutional right to education, is analyzed. It is established that despite the recent introduction of this institution, the practice of its activities indicates the effectiveness of its activities and interaction with participants in the educational process, authorities and other stakeholders. It is emphasized that the methods of protecting the right to education by the educational ombudsman are limited, but at the same time remain characteristic of this institution. Based on the analysis of the procedure for applying to the educational ombudsman, the procedure and practice of considering these applications, the conclusion is argued about the presence of a clear and accessible application procedure, as well as the demand for this institution among participants in the educational process. The expediency of establishing the mandatory involvement of the educational ombudsman (in person or by providing a written position) in the course of improving the legal regulation of ensuring, implementing and protecting the right to education in Ukraine is substantiated. Special attention is paid to the independence of the educational ombudsman as an important guarantee of his activities. The ways of further development of the educational ombudsman institute in Ukraine in the context of improving legal regulation, strengthening cooperation with authorities and international partners are highlighted.