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Very important question is the involvement of ombudsperson in the
criminal procedural. The criminal procedure, court of Ukraine does
not provide the possibility of participation of ombudsman in criminal
proceedings. In such circumstances the commission of human rights
shall not perform the legal defense of participants in criminal proceedings
interfere as the pre-trial investigation or the criminal proceeding
pending trial. In accordance with the provisions of the legislation in force
mentioned above the ombudsperson only has the right to attend court
hearing during the consideration of criminal proceeding for the purpose
of monitoring of status of observance of the petitioners procedural rights
by the court. According to the criminal procedural court of Ukrainian the
defense of the right of the person, victims and witnesses can be carried
out exclusively by their lawyer but in accordance with our legislation we
have special institution that can take the judge through the disciplinary
responsibility is the highest qualification commission of judges. In this
highest qualification commission in accordance with the legislation
about status of judges I have the representative of ombudsperson
and if I see some problematic situation and if I see the possibility to
apply to such commission concerning disciplinary responsibility of
judge and use this possibility through representative of ombudsperson
in this commission my application must not be groundless so my
application must be with some proofs. Such proofs I can find only if I
am or representative of ombudsperson is present in the procedure.
So, if I receive some application there is a signal of violation of the
right of person in criminal procedure I can send the representative of
ombudsperson in the procedure, this aim only to monitor the situation
and if it were some signals concerning the violation of rights of person in
criminal procedure I can apply this application to the high qualification
commission of judges. Another situation what we have now in our hands
when we receive some application concerning some violation of human
rights in the court procedure. For example if it is application concerning
the ranks of criminal procedure, it is a violation of human rights and
we know that very well from the case law of the European Court of
Human Rights. In such situation I can apply not to concrete judge who is
responsible for the justice in concrete case, I can apply to the president
of concrete court with the recommendation that are grounded on the
case law of the European Court of Human Rights concerning Ukraine.
In accordance with our legislation by the execution of judgement of

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