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

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

Lecture notes, cheat sheets

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

In accordance with the Constitution of the Russian Federation, since 1997, the FKZ "On the Commissioner for Human Rights in the Russian Federation" has been in force in Russia.

Job Title Commissioner for Human Rights in the Russian Federation (UPHR) is established in order to ensure guarantees of state protection of the rights and freedoms of citizens, their observance and respect by state bodies, local governments, officials.

The UPHR is appointed by the State Duma for 5 years from among citizens of the Russian Federation who have reached the age of 35, who have knowledge in the field of human and civil rights and freedoms and experience in protecting them, candidates can be proposed by the President of the Russian Federation, the Federation Council, deputies and deputy associations of the State Duma . The UPHR cannot be a deputy, a member of the Federation Council, be in public service, engage in other paid or unpaid activities, with the exception of teaching, scientific or other creative activities. UPHR is not entitled to engage in political activities, be a member of a political party or other public association pursuing political goals. The UPHR may be prematurely dismissed by the State Duma if it engages in activities that are incompatible with the status of the UPHR, a court conviction against the UPHR enters into legal force, etc.

The UPHR considers complaints from citizens of the Russian Federation and foreigners and stateless persons located on the territory of the Russian Federation against decisions or actions (inaction) of state bodies (except for legislative ones), local government bodies, officials, civil servants, if the applicant has previously appealed them in a judicial (administrative) manner but does not agree with the decision taken on his complaint. In special cases, the UPHR has the right to take action on its own initiative.

Based on the outcome of the complaint The UPHR has the right to:

1) apply to the court in defense of rights and freedoms violated by decisions or actions (inaction) of a state body, local government body or official, and also participate in the process;

2) apply to the competent state bodies with a request to initiate disciplinary or administrative proceedings or criminal proceedings against an official whose decisions or actions (inaction) are seen to violate human and civil rights and freedoms;

3) apply to the court or prosecutor’s office with a request to verify the court decision that has entered into legal force;

4) present your arguments 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;

5) apply to the Constitutional Court of the Russian Federation with a complaint about the violation of the constitutional rights and freedoms of citizens by the law applied or to be applied in a specific case.

Every year, the UPHR sends a report on its activities to the President of the Russian Federation, the chambers of the Federal Assembly of the Russian Federation, the Government of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the Prosecutor General of the Russian Federation, this report is published in Rossiyskaya Gazeta.

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