Activities of the Commissioner for the Rights of the Child in the Russian Federation

In the modern world, quite often children become victims of social phenomena, injustice, unreasonable behavior of adults, violence and cruelty. Such problems are given special attention not only in Russia, but throughout the world. In international practice, an independent additional mechanism has been formed, with the help of which priority and targeted protection is provided for all children in general and each minor separately.

Formation of childhood institutions

In Russia, childhood problems are a priority in public policy. After ratification of the international Convention, the country assumed a number of obligations. They relate to the provision of decent living and development conditions for children. The formation of a specialized system for protecting the interests of minors, including the further improvement of the activities of district police officers, officers of the ONE, the Ombudsman and other institutions, has become one of the key tasks in the state’s demographic policy program. The concept has been worked out for the period until 2025.

How did the activities of the Commissioner for the Rights of the Child in Russia begin?

The establishment of the "Children's Ombudsman" position took place in 2009 by decree of the President. Pavel Astakhov was appointed to it . The activities of the Commissioner for the Rights of the Child in the Russian Federation are carried out in accordance with the Federal Law and international documents. The official has a number of opportunities, realizing which, he performs his duties. The dismissal from office, as well as the appointment to it, is carried out by the president.

Legal Opportunities

The Commissioner has the right:

1. Send inquiries and receive in the manner prescribed by law the necessary information, materials and documents from state bodies of the highest, regional and local levels, officials and institutions, to freely visit these authorities.
2. Independently or jointly with competent services and employees, verify the work of the executive institutions of the Russian Federation and its subjects, and obtain the necessary explanations from them.
3. To send to the authorities at all levels in case of detection of actions / inaction, their adoption of decisions that violate the interests of minors their opinion with recommendations on possible and necessary measures to rectify the situation.
4. To attract, in the prescribed manner for scientific, analytical and expert work related to the protection of the institution of childhood, scientific and other organizations, specialists and scientists, including on contractual terms.
   

These opportunities, in fact, are taken from the law governing the activities of the Commissioner for Human Rights. However, the children's ombudsman is not endowed with such a wide range of opportunities. In particular, he cannot get acquainted with court materials, sentences, decisions, rulings, including refusals to initiate legal proceedings. However, the Presidential Decree contained an important point. The regional authorities were instructed to determine the procedure in accordance with which the activities of the Commissioner for the Rights of the Child will be carried out in each subject.

Report

Children's Ombudsman informs the public and government agencies about his work. In his reports and conclusions, he explains the state of affairs in the framework of the observance of the interests of minors in the country. The activities of the Commissioner for the Rights of the Child in the Russian Federation are carried out in close cooperation with state authorities at the highest level and in the field, the media and non-governmental organizations, ombudsmen and special commissions in the regions. Preparation of reports on the work done, special reports and their publication to the public allows the official to state his own position, express his opinion on the current situation in the field of protecting the interests of children and in the whole country, and separately in specific life spheres. The work of the Commissioner for the Rights of the Child acts as a powerful tool influencing public opinion.

Specificity

The main activity of the Commissioner for Children's Rights is related to the consideration of complaints from citizens regarding the work of state and local structures, civil servants and other officials. The Ombudsman provides legal advice to individuals who want to take the constitutional opportunity to apply to international institutions (the Hague Court, the UN Committee and others). The official considers complaints not only from citizens of the country, but also from foreign persons, as well as those without citizenship.

Competence

A minor whose interests have been violated may apply to the Commissioner of the region or a federal official. If he first filed a complaint with the ombudsman of the entity, this is not grounds for refusing to consider a statement on a similar problem at the highest level. The competence of the Commissioner includes the acceptance of complaints from persons staying in institutions of forced detention (colonies, etc.). In turn, the administration of such institutions is obliged to send appeals from such citizens to the Ombudsman. At the same time, the legislation sets a clear deadline for this. The complaint must be submitted within 24 hours after receipt of the management of the institution. The administration has no right to open these letters or subject them to viewing in other ways.

Complaints Decisions

The Ombudsman may, at his discretion, adopt an appropriate act on the commencement of proceedings for the appeal or refusal of it. Legislation gives an official the following opportunities:

1. Accept the appeal for consideration if the applicant has previously appealed against the work of state bodies, local structures serving in administrative or judicial procedure, however, he was not satisfied with the decision made. The authorized person has the right to commence proceedings if it has been received no later than a year from the moment of violation of interests or from the date when the applicant became aware of this.
2. The official may not accept the complaint, explaining to the author where he needs to write first.
3. In some cases, the Commissioner has the right to redirect the application to the appropriate authority to resolve the problem.
4. The Ombudsman may refuse to accept the appeal for review.

The authorized person shall inform the author of his decision within ten days. When accepting a complaint, the Ombudsman notifies the relevant state or local government institution, the official whose work is being appealed.

Checks

The activities of the Ombudsman for Children include monitoring the work of any state bodies, structures in the system of territorial authority, institutions, enterprises, regardless of their form of ownership and legal status, public associations, military units. No one may interfere with the fulfillment of his duties by the Ombudsman. Officials are also subject to verification. In particular, the Ombudsman can monitor the activities of the district police commissioners, specialists of ONE. He can carry out verification activities both independently and together with specialized competent structures, civil servants and other officials. If necessary, the Ombudsman entrusts the performance of examinations. Based on the results of the research, he prepares conclusions on the issues raised in the complaint. It should be noted that the Ombudsman does not act as an authorized federal body of audit activity. He checks the work of institutions and enterprises directly affecting the interests of minors.

Work in the regions

Since 1998, in order to create an effective model of the institute, the Ministry of Labor, together with some entities, began to implement a pilot project, which included the introduction of the position of Commissioner on the ground. The program was implemented with the support of UNICEF. At the initial stage, five posts were established. By February 1, 2003, children's ombudsmen worked in 12 regions. In particular, the activities of the Commissioner for the Rights of the Child were carried out in:

1. Moscow.
2. St. Petersburg.
3. Chechen Republic.
4. North Ossetia-Alania.
5. Novgorod, Smolensk, Ivanovo, Kaluga, Volgograd, Samara, Kemerovo regions.
6. Krasnoyarsk and Krasnodar Territories.

At the third stage, posts were introduced at the municipal level. In particular, the ombudsmen began to work in the Arzamas district of the Nizhny Novgorod region, in the city of Volzhsky, Volgograd region, in the city of Yekaterinburg. In five regions, the position was introduced by the relevant law of the subject. So, the activity of the Commissioner for the Rights of the Child was established in the Kemerovo region, Samara region, Krasnodar kr. and others. Of the 15 ombudsmen, three are working on a voluntary basis.

Appointment

The procedure for establishing posts and the legal status of regional ombudsmen are different. In most cases, they relate to the executive system. The appointment of officials is carried out by order of the heads of administrations of the entities. In those regions where the relevant decision has been made over the past two years, the post is approved by the representative body or with his consent. In this case, the ombudsmen are vested with parliamentary status. Thanks to this, they gain greater independence from executive structures, which, in turn, increases the effectiveness of their work. Activities of the Commissioner for the Rights of the Child in the Krasnoyarsk Territory, St. Petersburg, Samara Region and a number of other regions are carried out in the system of a specially created apparatus.

New posts

Over the past 5 years, ombudsmen have been established in almost all regions of the country. So, in 2011, the activities of the Commissioner for the Rights of the Child in the Voronezh Region began. The corresponding post was established by decree of the governor of the region. The normative act defines the competence of the Ombudsman, his duties and tasks. The activities of the Ombudsman for Children in the Voronezh Region involve unhindered visits to regional structures, the ability to request and receive the necessary materials, documents and information from relevant authorities, as well as other opportunities provided for by decrees of the president and governor. The official also reports on the work done, makes presentations, sends his recommendations to the regional authorities and civil servants. Since 2014, the Commissioner for the Rights of the Child has been operating in Novosibirsk. This post was established in accordance with Law No. 410-oz. The normative act defines the work procedure of the Ombudsman, his tasks, duties. The main functions of an official should include:

• Assistance in restoring the disadvantaged interests of minors in the region.
• Ensuring the protection of the freedoms and rights of children in the region.
• Promoting the development of the legislative framework in the field of protection of the interests of minors.

The activities of the Commissioner for the Rights of the Child in Novosibirsk also involve participation in legal education and interregional cooperation.

Relevance of the issue

During the first few years of the work of the Ombudsmen, it became clear that the problem of not only improper fulfillment of their duties by the competent state structures and institutions, but also their violation of the interests of minors protected by law, was quite acute. Unfortunately, the organization of the activities of the district police commissioners does not cover the entire spectrum of issues related to the institution of childhood. Law enforcement officers carry out a wide range of duties. However, their work affects the interests of children to a small extent. Their main task is to ensure law and order. Organization of the activities of the district commissioner involves interaction with various structures, including those specializing directly in work with minors (ONE). However, as practice has shown, this is extremely insufficient. In this regard, the approval on the territory of each subject of the position of the Commissioner for Children's Rights acts as an expedient step towards the formation of a qualitatively new system of legal protection. In his work, the Ombudsman supplements the forms and methods of safeguarding the interests of minors existing in the region.

Tasks

The functions of the Commissioners for Children's Rights in the regions include:

1. Ensuring the legitimate interests and guarantees, freedoms of minors, supplementing and developing existing means and forms of protection in cooperation with state and territorial structures of relevant competence.
2. Analysis of the situation in the field of protection of the rights of the child.
3. All possible assistance in restoring the disadvantaged interests of minors.

Credentials

In addition to the legal possibilities indicated above, the Ombudsman may:

• Contact the court, competent authorities with a request to initiate disciplinary / administrative proceedings against persons guilty of violating the interests of minors.
• To prepare proposals on introducing additions, amendments to existing normative acts regulating issues related to the protection of the rights of the child.

Institute Benefits

The experience of the office of the Commissioner for the Rights of Minors shows that this structure has become an important link in the system of ensuring the interests of the child. This institute currently occupies a special position. It does not replace existing institutions, such as, for example, guardianship and trusteeship bodies, ONE, social protection units and others. Along with this, the Institute implements its duties in close contact with these structures. Unlike the organizations working today, whose competence includes ensuring the protection of the interests of minors, the apparatus of the Commissioner:

1. It exercises independent control by the society over the work of regional and state power structures, specialized children's institutions.
2. Protects minors whose rights have been violated.
3. Helps to restore the disadvantaged interests of minors.
   

Unlike prosecutors

The Commissioner's activities include a narrow range of issues. It relates directly to ensuring the protection of the interests of minors. The prosecutor's office, in turn, is endowed with powers covering various areas of the life of society and the state. In particular, it oversees the implementation of the requirements of the law, coordinates the work of law enforcement agencies and so on. As practice shows, a minor cannot count on restoring his interests when contacting the prosecutor's office. Moreover, the Commissioner is the most accessible institution for the child in case of violation of his rights. An official, by virtue of his competence and responsibilities, can deal more deeply and more effectively with the problem that has arisen, timely identify facts of infringement of the legal interests of the minor, promptly respond and provide qualified assistance.

Board of Trustees

These bodies are also involved in child protection. However, their work is mainly aimed at resolving issues related to minors who have remained orphans, who are in specialized institutions, who have fallen into difficult life situations. The activities of the Commissioner include the protection of the rights of the child in the framework of relations with all public institutions.

KDN

Juvenile commissions specialize in the prevention of homelessness and neglect, as well as other related matters. In essence, the CLC deals with “problem” minors. The commissions include representatives of executive structures. The Commissioner deals with a wider range of issues. He works on an ongoing basis and is personally versed in situations.

The effectiveness of regional offices

The authorized person in the subject has a complete picture of the state of affairs within a specific territory. He personally takes part in resolving a particular situation at the place of residence of the minor. A person appointed or elected to such a position has public authority. The procedure for the transfer of authority itself implies that a person possesses, in addition to the necessary professional qualities, relevant personal characteristics. This is especially evident in cases where commissioners are appointed by decision of the legislature or with his consent.