Конституционное (государственное) право Российской Федерации. Институт уполномоченного по правам человека в РФ (самое важное)

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Конституционное (государственное) право Российской Федерации. Институт уполномоченного по правам человека в РФ (самое важное)

Lecture notes, cheat sheets

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35. INSTITUTE OF THE Ombudsman for Human Rights in the Russian Federation

In the Russian Federation, the Commissioner for Human Rights in the Russian Federation is responsible for protecting the rights and freedoms of citizens, their observance by state authorities, local governments and officials.

The subjects of the Russian Federation have the right to establish the position of the Commissioner for Human Rights in the corresponding subject of the Russian Federation.

The Commissioner for Human Rights in the Russian Federation is appointed and dismissed by the State Duma of the Federal Assembly of the Russian Federation.

Its activities are independent, it is not accountable to any state authorities of the Russian Federation and subjects of the Russian Federation and officials.

The introduction of a state of emergency or martial law throughout the territory of the Russian Federation or in part of it does not stop, does not suspend the activities and does not entail restrictions on the competence of the Commissioner for Human Rights in the Russian Federation or in a constituent entity of the Russian Federation.

The Commissioner for Human Rights, in order to carry out his activities, forms the office of the Commissioner for Human Rights. Financing of this apparatus is made from the budget of the corresponding subject of the Russian Federation, where the Commissioner for Human Rights exercises his powers.

Within its competence Commissioner for Human Rights in the Russian Federation:

1) considers complaints from citizens of the Russian Federation and foreign citizens and stateless persons located on the territory of the Russian Federation;

2) considers complaints against decisions or actions of state bodies, local government bodies, officials, if the applicant protests the decisions of the court or administrative body to which he previously appealed these decisions or actions;

3) does not consider complaints against decisions of the chambers of the Federal Assembly of the Russian Federation and legislative (representative) bodies of state power of the constituent entities of the Russian Federation;

4) takes the necessary measures to protect human rights on his own initiative if he has received information about massive or gross violations of the rights and freedoms of citizens, or in cases of special public importance or related to the need to protect the interests of persons who are unable to independently use legal Remedies.

The Commissioner for Human Rights, in the event of establishing a violation of the applicant’s rights, is obliged to take the necessary measures to eliminate these violations, for example:

1) send to the state authority, local government body or official, in whose decisions or actions a violation of the rights and freedoms of citizens was found, a conclusion containing recommendations regarding possible and necessary measures to restore these rights and freedoms;

2) apply to the court with a statement in defense of the rights and freedoms violated by decisions or actions of a state body, local government body or official, and also personally or through a representative participate in the process of considering this complaint;

3) send a complaint to an official who has the right to lodge protests, as well as to be present at the judicial hearing of the case in the manner of supervision;

4) apply to the Constitutional Court of the Russian Federation with a complaint about the violation of the constitutional rights and freedoms of citizens, etc.

He has no right to disclose information that became known to him in the exercise of his powers. The Commissioner for Human Rights notifies the complainant of the results of consideration of the complaint.

Author: Kakovkina Ye.N.

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