The Commissioner for Human Rights is an official who should consider complaints from all residents of the country, regardless of the presence or absence of citizenship of the Russian Federation. Today, a whole system has been established in the country, and there are authorized persons in each region. On the ground, ombudsmen examine complaints of violations of rights within a specific region.
Right to appeal
A complaint to the Commissioner for Human Rights (a sample is provided below) can be submitted on behalf of any resident of the country, a foreign citizen and a stateless person, if his rights are violated.
In this case, the applicant must have a formal right to appeal, which arises in the following circumstances:
- before applying to a human rights defender, the applicant has already appealed against actions or omissions that, according to him, violate rights;
- the complainant is a victim of a violation of human rights, but only in the field of public law;
- violation of rights occurs on the part of public authorities.
Persons in places of deprivation of liberty have the right to appeal to the Ombudsman without first appealing against the actions or inaction of the representatives of the administration of the prison institution.
The timing
An applicant may file a complaint to the Commissioner for Human Rights (a sample is attached) no later than 12 months from the moment the preliminary appeal of the representative of public authority took place. In this case, no valid reasons for the restoration of the missed deadline are provided for by applicable law.
If a complaint is filed as part of an appeal against a court decision in a civil or criminal process, then the applicant must meet the deadlines prescribed by the CPC and the CPC of the country.
A complaint to the Commissioner for Human Rights (a sample of it is given in the article) must be considered by a human rights activist within 30 days from the date of its receipt. In extreme cases, the Ombudsman has the right to extend this period, but not more than 30 days. The applicant must be notified of the extension of the term within 7 days from the date of the adoption of the relevant decision. During the same period, if the complaint is rejected or submitted to the state or municipal authorities, the applicant must also be notified in writing.
Ways to appeal to a human rights defender
A complaint to the Commissioner for Human Rights in the Russian Federation can be sent to the address: 47, Myasnitskaya Street, 101000, Moscow. In addition, the appeal can be sent electronically on the website - its address: http://ombudsmanrf.org/contact/form.
You can also contact the Ombudsman in person by making an appointment to transfer the complaint directly to the human rights defender.
On the official website (http://ombudsmanrf.org/russia/ombudsmans) you can find the addresses and contact details of regional human rights defenders.
Requirements for the text of the appeal
How to write a complaint to the Commissioner for Human Rights, and what mandatory blocks should it contain? First of all, in the text of the document it is necessary to indicate the full name and address of the applicant, his contact information.
The essence of the complaint should be spelled out: what action or inaction, the decision is appealed; which, in the opinion of the drafter, are violated. It is recommended to indicate what kind of assistance the applicant is expecting from the Ombudsman, that is, what he wants to receive as a result of consideration of the application.
Complaints to a human rights activist are not subject to state duty. Anonymous complaints with corrections and strikethroughs, as well as complaints containing foul language, are not accepted for consideration.
If the human rights activist receives a complaint, which is drawn up from an anonymous applicant, but which contains information about an upcoming or already committed crime, then he is obliged to send such a document to law enforcement agencies for verification.
Applications
Mandatory to the complaint to the Commissioner for Human Rights (the sample is placed above) must be attached copies of documents confirming the violated rights of the applicant and confirming the preliminary appeal of the actions of the authorities. These may be decisions of an administrative court or answers to complaints to higher authorities.
If a court decision is appealed as part of a civil or criminal process, then a copy of the relevant decision must be attached, copies of cassation or supervisory complaints, copies of decisions taken thereon.
The Ombudsman considers complaints only with copies of supporting documents and cannot initiate a review of a court decision without supporting documents.
Possible action by a human rights defender
The Ombudsman has the right to accept the complaint for consideration, to refuse to justify the decision. And also refer the appeal to the authorities, which have the right to consider such statements and resolve the issue on the merits.
A complaint to the Ombudsman (the addressee is clearly indicated in the example) cannot be transferred to the state body to which the appeal was received.
The Ombudsman has the right to seek clarification from the proper person who violated the rights of the applicant. A person whose actions or omissions are appealed has the right to clarify and state his position on a specific issue.
The result of consideration of the appeal
After considering the complaint by the human rights ombudsman, its author can turn to state or local authorities and state his comments on their work, make general proposals that will fully ensure human rights and improve administrative procedures.
The Ombudsman has the right to introduce legislative initiatives at the level of the federal government and constituent entities of the Russian Federation.
A human rights defender also has the right to:
- to appeal to the court with a statement on the protection of the freedoms and rights of the applicant;
- to participate in the trial;
- apply to local and state authorities with a view to imposing a disciplinary sanction on the guilty official;
- to initiate the opening of a criminal case, the beginning of the administrative process;
- to appeal to the prosecutor's office and the court in order to initiate verification of the decision, which has entered into legal force, court verdict, resolution;
- apply to the Constitutional Court with allegations of violation of constitutional rights and freedoms of citizens.
In turn, officials whose actions are appealed are entitled to state their arguments and participate in judicial and supervisory processes.
Rights and legitimate interests of children
Despite the fact that a children's ombudsman is working in the country and a whole system of such defenders has already been established throughout the country, there is still a problem with the violation of children's rights.
Most often, complaints are received by the Human Rights Ombudsman. In the country, at least 10 million children live in single-parent families, and more than half of them do not receive child support, and legislation to protect the rights of such children practically does not work. And the reason is not only the irresponsibility of the parents who abandoned their children, but also the opacity of the search procedure for "deviators". However, it also happens that parents simply cannot find work and, accordingly, pay child support. In any case, all this must be indicated in the complaint.
No less problem is noted in the provision of apartments for orphans. Previously, until 2004, such children were provided with housing at the expense of the federal budget. To date, this obligation is assigned to the subjects of the Russian Federation. But in each region, financial opportunities are different. In light of this, many orphans after leaving school remain on the street, although they are registered in housing. In most cases, they simply do not have to rely on obtaining their own housing. And even if it is provided, it is not a fact that it will be suitable for living. This is also an occasion to appeal to the Commissioner for the Rights of the Child.
In December last year, a number of legislative amendments were introduced that expanded the range of opportunities for children's Commissioners. Now the Ombudsman has the right to apply to the court on a free basis with a statement declaring the actions of state bodies against minors illegal. A human rights defender has the right to participate in litigation in civil proceedings regarding the protection of children's rights.