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

In today's world, quite often childrenbecome 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, through which priority and targeted protection of all children in general and of each juvenile separately is ensured.

Formation of Childhood Institutions

In Russia, the problems of childhood are of high priorityin public policy. After ratification of the international Convention, the country assumed a number of obligations. They concern ensuring decent conditions for life and development of children. The formation of a specialized system to protect the interests of minors, including the further improvement of the activities of district police commissioners, ODN officers, the ombudsman and other institutions, has become one of the key tasks in the program of the state's demographic policy. The concept is worked out for the period until 2025.

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

Establishment of the post of "child ombudsman"occurred in 2009 under the Presidential Decree. 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, international documents. The official has a number of opportunities, realizing which, he fulfills his duties. The release from office, as well as the appointment to it, is carried out by the president.

Legal Possibilities

The Commissioner has the right:

1. Send requests and receive in the establishedlegislation, the necessary information, materials and documents from state bodies of higher, regional and local levels, officials and institutions, freely visit these authorities.
2. Independently or jointly with the competent services and employees to verify the work of the executive institutions of the Russian Federation and its subjects, receive necessary explanations from them.
3. To send to the authorities of all levels in the case ofidentify actions / omissions, take decisions, violate the interests of minors, and make conclusions with recommendations on possible and necessary measures to remedy the situation.
4. Involve in the prescribed manner forcarrying out scientific and analytical and expert works 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,regulating 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 can not get acquainted with judicial materials, verdicts, decisions, definitions, including on refusals to initiate legal proceedings. However, the presidential decree contained an important point. The regional authorities were instructed to determine the procedure under which the activities of the Ombudsperson for the Rights of the Child would be carried out in each entity.

Report

The children's ombudsman informs the public andstate agencies on their work. In his reports and conclusions he explains the state of affairs in the framework of observing the interests of minors in the country. The activities of the Ombudsman for the Rights of the Child in the Russian Federation are carried out in close cooperation with the 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 public disclosure 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 spheres of life. The activities of the Ombudsman for Children are a powerful tool that influences the public opinion.

Specificity

The main activities of the ombudsmanthe child is connected with the consideration of complaints coming from citizens concerning the work of state, local structures, civil servants and other officials. The Ombudsman provides legal advice to people who want to take advantage of the constitutional opportunity to apply to international institutions (the Hague Court, the UN Committee and others). The official examines complaints not only from citizens of the country, but also from foreigners, as well as those who do not have citizenship.

Competence

A minor whose interests have been violated,may apply to the region's Commissioner or a federal official. If he has sent a complaint first to the ombudsman of the subject, this is not grounds for refusing to consider an application for a similar problem at the highest level. The Ombudsman's competence includes receiving complaints from people who are in institutions of compulsory detention (colonies, etc.). In turn, the administration of such institutions is obliged to send ombudsman appeals from such citizens. However, the law sets a clear deadline for this. The complaint must be submitted within 24 hours after receipt by the management of the institution. The administration has no right to open these letters or to view them in other ways.

Solutions for Complaints

The Ombudsman may, at his own discretion, adopt a relevant act on the commencement of proceedings for the treatment or refusal therein. Legislation gives the official the following opportunities:

1. Accept an appeal for consideration ifthe applicant had previously appealed against the work of state bodies, local structures, employees in administrative or judicial order, but the decision remained dissatisfied. An appeal may be initiated by an authorized representative if it was received not later than a year after the violation of interests or from the date when the applicant became aware of this.
2. An official may not accept a 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 request for consideration.

The authorized person is obliged to inform about his decisionauthor 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

Activities of the Ombudsman for Children's Rightsincludes the control of the work of any state bodies, structures in the system of territorial power, institutions, enterprises, regardless of their form of ownership and legal status, public associations, military units. No one can impede the performance by the Ombudsman of his duties. Officials are also subject to inspection. In particular, the Ombudsman can monitor the activities of district police commissioners, ODN specialists. It can carry out verification measures both independently and together with specialized competent structures, civil servants and other officials. If necessary, the Ombudsman entrusts the execution 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 audit body. It carries out an audit of the work of institutions and enterprises directly affecting the interests of minors.

Work in the regions

To create an effective model of the institute since 1998year, the Ministry of Labor, in conjunction with some subjects, began to implement a pilot project, suggesting the introduction of the post of Commissioner in the field. 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. The Chechen Republic.
4. North Ossetia-Alania.
5. Novgorod, Smolensk, Ivanovo, Kaluga, Volgograd, Samara, Kemerovo regions.
6. Krasnoyarsk and Krasnodar territories.

At the third stage,municipal level. In particular, the ombudsmen started working in the Arzamas district of the Nizhny Novgorod region, in the Volzhsky Volgograd region, in the city of Yekaterinburg. In five regions, the post was introduced by the relevant law of the entity. So, the activity of the Commissioner for the Rights of the Child was established in the Kemerovo Region, Samara Region, Krasnodar Krai. etc. Of the 15 ombudsmen, three work on a voluntary basis.

Appointment

The procedure for establishing posts, as well as legalthe status of regional ombudsmen is different. In most cases, they are part of the executive system. Appointment of officials is carried out by order of the heads of administrations of the subjects. In those regions where the corresponding decision was made within the last two years, the approval of the post is carried out by the representative body or with its consent. In this case, the ombudsmen are given parliamentary status. Due to this, they receive 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 is carried out in the system of a specially created apparatus.

New Posts

During the last 5 years, the positions of ombudsmenwere established practically in all regions of the country. Thus, in 2011, the activities of the Commissioner for Children's Rights in the Voronezh Region began. The corresponding post was established by a decree of the governor of the region. The normative act defines the scope of the ombudsman's competence, his duties and tasks. The activities of the Ombudsman for the Rights of the Child in the Voronezh Region involve unhindered visits to regional structures, the ability to request and receive the necessary materials, documents and information from the relevant authorities, as well as other opportunities provided for by presidential and governor decrees. The official also reports on the work done, makes reports, directs his recommendations to the regional authorities and civil servants. Since 2014, the activities of the Commissioner for Children's Rights in Novosibirsk have been carried out. This post was established in accordance with the Law No. 410-oz. The normative act determines the order of the ombudsman's work, its tasks, duties. The main functions of an official include:

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

The activities of the Ombudsman for Children in Novosibirsk also involve participation in the work on legal education, interregional cooperation.

Relevance of the issue

During the first few years of workIt became clear to the ombudsmen that the problem is not only the inadequate performance of their duties by competent state structures and institutions, but also the violation of the interests of minors protected by law. Unfortunately, the organization of activities of district police commissioners does not cover the entire range of issues related to the institution of childhood. Law enforcement officers perform 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. The organization of activities of the district commissioner involves interaction with various structures, including those specializing directly in the work with minors (ODN). However, as practice has shown, this is not enough. In this regard, the approval of the office of the commissioner for children's rights in the territory of each subject acts as an expedient step towards the formation of a qualitatively new system of legal protection. In his work, the Ombudsman supplements the existing forms and methods of protecting the interests of minors in the region.

Tasks

The functions of children's rights commissioners in the regions include:

1. Providing legitimate interests and guarantees, freedomsminors, addition and development of existing means and forms of protection in cooperation with state and territorial structures of the relevant competence.
2. Analysis of the state of affairs in the sphere of protection of the rights of the child.
3. All-round assistance in restoring the infringed interests of minors.

Credentials

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

• To apply to the court, competent structures with a request to initiate disciplinary / administrative proceedings against persons guilty of violating the interests of minors.
• Prepare proposals for the introduction of amendments, changes in existing regulations, regulating issues relating to the protection of the rights of the child.

Institute advantages

Experience of the Office of the Ombudsman for Human Rightsminors 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 trustees, ODN, social protection units and others. At the same time, the Institute realizes its duties in close contact with the above structures. Unlike today's organizations, whose competence includes the protection of the interests of minors, the apparatus of the commissioner:

1. It carries out independent control by the society for the work of regional and state power structures, specialized children's institutions.
2. Protects minors whose rights have been violated.
3. Promotes the restoration of the disadvantaged interests of minors.

Difference from the prosecutor's office

The activities of the Commissioner include a narrow circleissues. It concerns directly protection of interests of minors. The Prosecutor's Office, in turn, is endowed with powers that cover various areas of society and state life. 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 can not count on restoring his interests when appealing to the prosecutor's office. In this case, the commissioner is the most accessible institution for the child in case of violation of his rights. The official, by virtue of his competence and duties, can deeper and more efficiently deal with the problem that has arisen, timely reveal the facts of infringement of the legitimate interests of the minor, promptly respond and provide qualified assistance.

Guardianship and Board of Trustees

These bodies also provide protectionchildren. However, their work is mainly aimed at addressing issues relating to minors who have remained orphans in specialized institutions who have fallen into a difficult life situation. The activity of the authorized representative includes the protection of the rights of the child within the framework of relations with all public institutions.

KDN

Commission for the Affairs of Minorsspecialize in the prevention of homelessness and neglect, as well as other related issues. In fact, the KDN is dealing with "problem" minors. The composition of commissions includes representatives of executive structures. The Commissioner deals with a wider range of problems. He works on an ongoing basis and is personally versed in situations.

Effectiveness of regional offices

The authorized person in the subject has a fullrepresentation about the state of affairs within a particular territory. He personally takes part in the resolution of a situation at the place of residence of the minor. The person appointed or elected to this position has public authority. The very procedure of transfer of powers assumes that a person possesses, in addition to the necessary professional qualities, appropriate personal characteristics. This is particularly evident in cases where the commissioners are appointed by the decision of the legislature or with his consent.