Rights of the Commissioner for Human Rights in the Russian Federation. Obligations of the Commissioner for Human Rights in the Russian Federation

The rights of the Commissioner for Human Rights in the Russian Federation represent the capacity of an official to resolve complaints of citizens against the actions of state bodies. The abovementioned position is also called "ombudsman".

Concept, goals and objectives of activities

The position of the ombudsman is primarily aimed at implementing the main legal postulate - the principle of legality. The official is obliged to react to all complaints that are received by the state chancellery. If state bodies violated your rights, the behavior of certified employees harmed your interests, the complaint to the Commissioner is one of the most effective solutions to the problem that has arisen.

The rights and duties of the Commissioner for Human Rights in the Russian Federation are aimed at solving a number of tasks, namely:

1. To restore the violated legal status. Moreover, this provision applies to citizens regardless of the presence of citizenship, as well as the location, for example convicts, as well as persons in pre-trial detention centers, actively use the right granted to complain about the actions of the institution's employees.
2. Intermediary activities are aimed at finding a mutually beneficial solution to the problem situation.
3. Educational activity. The Ombudsman deals with the direct explanation of the rights of citizens, as well as provides information on the methods of protection, detailing each point in detail.
4. Lawmaking. One of the areas of activity is the possibility of introducing an initiative - not many bodies are endowed 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. Proposal for improving the current legislation.

Ombudsman: a state institution or an ordinary citizen?

The Commissioner for Human Rights is considered a full-fledged state institution. This body is not only intended to solve problem legal issues, but also directly implements protection and protection of rights, guarantees the legality of norms in Russia, provides legal assistance.

The activity of the Ombudsman is regulated by the current legislation. All rights of the Commissioner for Human Rights in the RF are reflected in the federal law. In addition, its legal status can be made by subordinate IPA, 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 realized through the consideration of citizens' complaints. Responding to each incoming letter, the Ombudsman exercises independent control over the activities of the country's authorities in the aspect of observing the legal status of citizens.
• Consulting. This line of activity is realized through informing the structural divisions about observance of the legal status of persons who are on the territory of the Russian Federation.
• Coordination and organizational. The above-mentioned functions consist in carrying out joint activities with other executive and legislative authorities aimed at strengthening the rule of law in the field of observing the legal status of citizens.

Official authority

If you decide to ask the Ombudsman for help, you will certainly be interested in the question: "What are the rights of the RF Human Rights Ombudsman?" Answering this question, it is important to turn to the legislative norms that clearly define the job description of the representative of the authority:

1. Consideration of complaints of citizens, stateless persons, as well as persons arriving from foreign states.
2. Consideration of complaints about the actions / inactivity of authorities, including those conducting criminal prosecution and punishment.
3. Adoption of necessary measures that can provide adequate protection of the violated right. This paragraph can be expressed both in actual actions and in providing advice regarding further actions.

The Russian Ombudsman is not entitled to consider complaints against decisions of legislative bodies. This paragraph concerns not only federal bodies, but also authorities at the subject level.

The order of consideration of the complaint

The rights of the Commissioner for Human Rights in the Russian Federation make it possible to ensure the protection of the rights of citizens on complaints received in the following order:

• By applying to the court because of the violated rights. The person has the right to initiate the trial personally, and to delegate his powers to the representative.
• By appealing to the appropriate authorities with a request to initiate legal proceedings in a criminal or administrative case.
• By appealing to the prosecutor's office.
• By appealing to an official authorized to review cases in the manner of supervisory review.

About public office

A citizen older than 35 years may be admitted to the place of the Commissioner for Human Rights. An appointed person must necessarily have knowledge in the field of jurisprudence, as well as have experience in protecting the rights of individuals 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 solemn atmosphere.

Ombudsmen in the subjects of the country

Since 1996, the subjects "Human Rights Ombudsman" have been introduced in the subjects. The first to start fulfilling his duties was Gazitov Ch.B. in the Republic of Bashkortostan. Further, her experience was taken over by Sverdlovskaya, and in the following year - by the Smolensk region. Later in almost every region, the post of ombudsman was formed.

The essence of the post opening in the region also lies in checking the legality and observance of a person's legal status. In the subject, the Ombudsman acts as an independent human rights body, which allows applications and complaints received to the office.