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saerTaSoriso samarTlis Jurnali, #1, 2008 JOURNAL OF INTERNATIONAL LAW, N1, 2008
tion outside Scandinavian states, the institution
proved its importance and what is important,
it perfectly conjuncts with the national
legal systems of various countries despite the
fact, whether they recognize a principle of
separation of powers or grant a priority to executive
branch of government.
Flexibility of ombudsman’s institution was
revealed in its successful activities both in the
Unitarian as well as Federal states. The specific
conditions, which preceded creation of the
institution, provided for a significant transformation
of the traditional Scandinavian model.
Ombudsmen offices in each of the countries
were solving emerging problems on their own
way. Indeed this is exactly the reason why a
comparative analysis of legal institution of
ombudsman is difficult. Peculiarities and distinguishing
features, as well as somewhat different
histories of national, state mechanisms
are expressed in its creation and functioning.
Bibliography:
1. G. Mikanadze - European Ombudsmen, Tbilisi, 1999.
2. G. Mikanadze - Public Defenders Institution in Georgia, Collection of Articles "European Standards
on Human Rights and their Influence on legislationa and Practice in Georgia", editted by K.
Korkelia, Tbilisi, 2006.
3. Àëüâàðî Õèëü Ðîáëåñ – "Ïàðëàìåíòñêèé êîíòðîëü çà àäìèíèñòðàöèåé (èíñòèòóò
îìáóä-ñìàíà)", Ì., 1997.
4. Ý. Öîëëýð – "Çàùèòà ïðàâ ÷åëîâåêà âî ôðàíöèè", Ì. 1993.
5. Í. Ðàãîçèí – "Ïðàâà ÷åëîâåêà â ñîâðåìåííîì ìèðå", Äîíåöê, 1995.
6. Â. Áîéöîâà – "Çàùèòà ïðàâ ÷åëîâåêà è ãðàæäàíèíà – ìèðîâîé îïûò", Ì. 1996.
7. Í. Õàìàíåâà – "Óïîëíîìî÷åííûé ïî ïðàâàì ÷åëîâåêà – çàùèòíèê ïðàâ ãðàæäàí", Ì. 1998.
8. Gregory R., Hutchesson P. – "The Parliamentary Ombudsman. A Study in the Control of
Administrative Action", London, 1975.
9. Clark D. Citizen and Administration in France – the Review of Discussion the Conseil d’Elat v.
Ombudsmen // Public Administration, 1984.
10. Commissioner for Civil Rights Protection of Poland – "National Ombudsmen (Legislation of 27
Countries)", Warsaw, 1998.
1
A provision about Public Defender was initially introduced in the 1995 Constitution
of Georgia, the Organic Law on Public Defender of Georgia was adopted on 16
May 1996 and the first Public Defender was elected by Parliament on 29 October
1997.
2
According to the Article 11 of the International Covenant on Civil and Political
Rights “No one shall be imprisoned merely on the ground of inability to fulfill a
contractual obligation”.
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