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First of all in accordance with our legislation, we have similar provisions
in civil procedure court and in court of administrative procedure which
provide that in the case established by law ombudsman of Ukraine
may apply to the court for the protection of right, freedom and interest
of other individuals or national or public interests and to participate
in this proceedings. The ombudsman shall provide the courts with
documents proving the presence of right reasons which prevent these
individuals from applying themselves to the court for the protection
of their right, freedom and interest. As general rules individuals
may apply to the ombudsman for the protection of their rights and
interests in civil procedures and in the administrative courts. Besides
these individuals have to submit to the commissioner the relevant
documents, originals or certified copies of these documents confirming
to defend their interest in the court without these documents the
commissioner will not allowed by the court participate in to trial.
Second thing is to prevent specific individuals from applying to the
court on their own can be different, this is why the legislation in force
does not provide for an exhaustive list of documents which show the
submitted to the ombudsperson and to the court and we enable him
or her to defend the rights and interest of the individuals concerned
in the court. An individual who apply to the ombudsperson of Ukraine
on this matter has to identify by himself or herself and provide exactly
those documents that in his or her view confirms the gravity of causes 3 rd INTERNATIONAL SYMPOSIUM ON OMBUDSMAN INSTITUTIONS
making it impossible for this individuals to defend interest in the court
by their own, after receiving such documents and considering them
the ombudsperson decide whether he or she will apply to the court
in the interest of this specific petitioner. But it is only the general
rule. If for example I have the application concerning the court case,
concerning the dispute that is now in the court, when for example
relatives has a dispute concerning the place of living of children, who is
the of parental care and in this dispute is involved special state service
for children’s right that we have in each region, I have the question
who will represent the interest of the child, who will protect the right
of the child in the court procedure? In normal situation or relatives or
special service for children can present the interest of the child but all
these persons are now in the procedure, in the dispute. So, the child
is without representation of the interest. In such cases without any
documents without any proofs I can intervene in the court procedure
in interest of the child and to present the interest of the child.

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