This article examines the institution of the «Commissioner for Human Rights in Russia». The concept of «Ombudsman». Its main functions, tasks and powers.
Keywords: position, authorized, rights, human, citizen, institute, ombudsman, a complaint, protection, the State Duma.
Данная статья рассматривает институт «Уполномоченного по правам человека в России». Понятие «Омбудсмен». Основные его функции, задачи и полномочия.
Ключевые слова: Должность, уполномоченный, права, человек, гражданин, институт, омбудсмен, жалоба, защита, Государственная Дума.
Commissioner for Human Rights in the Russian Federation — is the official who is appointed by the State Duma of the Federal Assembly of the Russian Federation shall be established by the Constitution of the Russian Federation from 12.12 1993 (p.e p.1 st.103) and operates according to the law «On the Human Rights Commissioner in the Russian Federation «From February 26, 1997 № 1 — FKZ, i.e. on its basis authorized and performs its duties. It should be noted that he is independent in the exercise of his powers and unaccountable to other state bodies and officials (Clause 1, Article 2 of the Law).
The Commissioner is the guarantor of the state protection of the rights and freedoms of citizens. It aims to deal with all incoming complaints about the treatment of the citizens of both Russia and in its territory of foreign citizens and stateless persons, the acts or omissions of public authorities, local government and other officials, as well as civil servants.
The post of «Commissioner for Human Rights in the Russian Federation» can only be taken by: a citizen of the Russian Federation, he must be at least 35 years old, have knowledge and experience in the field of protecting human and civil rights and freedoms. The proposal for a candidate for the post of Commissioner is submitted to the State Duma within one month before the end of the term of office of the previous Commissioner: 1) by the President of the Russian Federation; 2) the Council of Federation of the Federal Assembly of the Russian Federation; 3) Deputies of the State Duma; 4) Deputies' associations in the State Duma. The Commissioner is elected by secret ballot at a meeting of the State Duma and he assumes office after the appointment and taking of the oath. The term of its activity is 5 years, but it can last, but not for more than two consecutive terms.
The main direction of his work is: 1) consideration of complaints; 2) analysis and study of information received; 3) presentation of a report in the State Duma, if the rights of a person and a citizen were grossly violated; 4) appeal to the State Duma with a proposal to create a parliamentary commission: 5) interaction with public monitoring commissions. Thus, it performs the following main functions: 1) control, — i.e. exercises control over the observance of human and civil rights and freedoms. bodies, local governments, officials and the State. employees 2) consulting — i.e. informs these bodies about the state of affairs with respect for the rights and freedoms of citizens; 3) coordination — i.e. organizes the activities of these bodies to ensure human rights and freedoms.
The first Commissioner for Human Rights in Russia became Sergei Adamovich Kovalev (January 17, 1994 years- March 10, 1995), as authorized in the Russian Federation were: Oleg Mironov Orestovich; Lukin Vladimir Petrovich; Panafilova Ella Alexandrovna.
Currently, the position of the Commissioner is: Moskalkova Tatyana Nikolaevna since April 22, 2016.
This institution is also called the institution of the Ombudsman. Ombudsman in Russia — it is the Ombudsman who is guided not only by law, but also justice and does not only act on a complaint received from the citizens, but also on their own initiative.
This post was first established in 1809 in Sweden. He was the Parliamentary Ombudsman and stood on the side of protecting the peasants and workers, while the Chancellor stood on the side of protecting the King.
The main tasks of the Ombudsman include:
1) Restoration of justice in violation of human rights;
2) To control the work of state structures;
3) To conduct work aimed at the development of international relations in the field of human rights protection; 4) To make all possible proposals for improving legislation on human rights and freedoms.
Thus, the powers of the Ombudsman, the human rights ombudsman in Russia, include: 1) To protect the rights of citizens and monitor their observance by state bodies and officials; 2) To make a report to the State Duma with a request to organize a commission to investigate the facts of human rights violations; 3) To apply for instituting criminal proceedings against officials, when revealing facts of violation of human and civil rights and freedoms; 4) to petition for verification of the correctness of the decision taken by the Court of the Decree or Sentence that came into force; 5) apply to the court for protection of the rights and freedoms of citizens; 6) apply to the Constitutional Court concerning violations of the constitutional rights of citizens.
He exercises control and conducts investigation from the position of not only legality, in contrast to the Prosecutor's Office, but also of expediency, conscientiousness, justice, efficiency. The Ombudsman will perform the function of mediation between the government and society, thus being a bridge.
At the end of the calendar year, he sends a report on his activities to the President of the Russian Federation; to the Federation Council and the State Duma; To the Government of the Russian Federation; Constitutional Court; Supreme Court; The gene of the Prosecutor's Office of the Russian Federation, etc.
Appointment and dismissal of the «Commissioner for Human Rights» belongs to the jurisdiction of the State Duma.
- The Constitution of the Russian Federation of December 12, 1993 // Rossiyskaya Gazeta. — 25 December. — 1993 year.
- «On the Commissioner for Human Rights in the Russian Federation» Federal Constitutional Law of 26.02.1997 No. 1-FKZ (as amended on January 31, 2016)
- The Russian Newspaper // June 2016.// Moskalkova T. N.