The rights of the Commissioner for Human Rights in the Russian Federation represent the ability of an official to resolve complaints from citizens about the actions of state bodies. The above position is also called the Ombudsman.
The concept, goals and objectives of the activity
The position of the Ombudsman is primarily aimed at the implementation of the main legal postulate - the principle of legality. The official is obliged to respond to all complaints received by the state chancellery. If state authorities violated your rights, the behavior of certified employees has hurt your interests, a complaint to the Commissioner is one of the most effective solutions to the problem.
The rights and obligations of the Commissioner for Human Rights in the Russian Federation are aimed at solving a number of tasks, namely:
- Restore violated legal status. Moreover, this provision applies to citizens regardless of their citizenship, as well as their whereabouts, for example, convicts, as well as persons in pre-trial detention centers, actively use the granted right to complain about the actions of employees of the institution.
- Mediation is aimed at finding a mutually beneficial solution to a problem situation.
- Educational activity. The Ombudsman provides direct clarification of the rights of citizens, and also provides information on protection methods, detailing each item in detail.
- Lawmaking. One of the areas of activity is the possibility of introducing an initiative - not many bodies are vested with such authority, and among them there is the Commissioner for Human Rights of the Russian Federation; has the right to send to the State. I think proposals for improving existing legislation.
Ombudsman: state institution or ordinary citizen?
The Commissioner for Human Rights is considered a full-fledged state institution. This body is not only designed to solve problematic legal issues, but also directly implements the protection and protection of rights, guarantees the rule of law in Russia, and provides legal assistance.
The activities of the Ombudsman are regulated by applicable law. All rights of the Commissioner for Human Rights in the Russian Federation are reflected in federal law. In addition, its legal status can be constituted by by-laws, which are published not only by the government, but also by various ministries and departments.
The Ombudsman as a state institution performs a number of functions:
- Control. The function is implemented through the consideration of citizens' complaints. Responding to each letter received, the Commissioner exercises independent control over the activities of the country's authorities in terms of compliance with the legal status of citizens.
- Consulting. This area of activity is implemented through informing structural units about compliance with the legal status of persons located in the Russian Federation.
- Coordination and organizational. The aforementioned functions consist in conducting joint activities with other executive and legislative authorities, which is aimed at strengthening the rule of law in the field of observing the legal status of citizens.
Job title
If you decide to ask the Ombudsman for help, then you will probably be interested in the question: “What are the rights of the Commissioner for Human Rights of the Russian Federation?” In answering this question, it is important to refer to legislative standards that clearly define the job description of this representative of the government:
- Consideration of complaints of citizens, stateless persons, as well as persons arriving from foreign countries.
- Consideration of complaints about the action / inaction of authorities, including those prosecuting and punishing.
- The adoption of necessary measures capable of providing adequate protection for the violated right. This paragraph can be expressed both in actual actions and in the provision of advice regarding further actions.
The Commissioner for Human Rights of the Russian Federation does not have the right to consider complaints against decisions of legislative bodies. This paragraph applies not only to federal authorities, but also to authorities at the subject level.
Complaint Procedure
The rights of the Commissioner for Human Rights in the Russian Federation make it possible to protect the rights of citizens in relation to complaints in the following order:
- By going to court because of violated rights. A person has the right to initiate a trial in person, and to transfer his authority to a representative.
- By applying to the appropriate authorities with a request to initiate legal proceedings in a criminal or administrative case.
- By contacting the prosecution authorities.
- By contacting an official authorized to consider cases in a supervisory review procedure.
About public office
A citizen over 35 years of age may be replaced by the Ombudsman. The appointed person must necessarily have knowledge in the field of jurisprudence, and also have experience in protecting the rights of persons in court or in other ways.
The Ombudsman is appointed for 5 years. The rights of the Commissioner for Human Rights in the Russian Federation come into force from the moment he takes the Oath in a festive atmosphere.
Ombudsmen in the subjects of the country
Since 1996, the post "Commissioner for Human Rights" was introduced in the subjects. The first to begin his duties was Gazitov Ch. B. in the Republic of Bashkiria. Further, her experience was taken over by Sverdlovsk, and the following year - Smolensk region. Later, in almost every region, the post of Ombudsman was formed.
The essence of the position opened in the region also lies in verifying the legality and compliance with the legal status of a person. In the subject, the Ombudsman acts as an independent human rights body that resolves applications and complaints received by the office.