People who are far from legislation and politics do not know who the Ombudsman is and what its functions are.
Most citizens, by their ignorance, do not even suspect that by contacting this official, it is possible to resolve a number of issues that are difficult to resolve with other bodies (the prosecutor's office, the court, etc.).
Who is the Ombudsman
An ombudsman is an official or official appointed to this position to exercise control over the activities of ministries, departments and other government bodies. It acts both on citizens' complaints and on its own initiative and is guided not only by law, but also by justice.
For example, the Ombudsman in Russia is the Commissioner for Human Rights. In principle, in any country where such a position is provided, the Ombudsman can resolve issues regarding the failure to fulfill his duties or the abuse of his powers by officials, resulting in disputes between a citizen and the authorities.
History of the Ombudsman
According to history, for the first time the meaning of "ombudsman" (words) was deciphered in the 16th century in Sweden. The official in this position supervised the work of the court:
transparency of court hearings, fair sentencing. After the defeat of the Swedes near Poltava, the competence of the Ombudsman was significantly expanded. Due to the fact that the king of Sweden, Karl Xll, was in Turkey for a long time, the management system fell into decay and demanded a thorough restoring of order. An official (Royal Ombudsman of Justice) was appointed to the post of Ombudsman, who oversaw the activities of government officials. The second Ombudsman, whose role was to control the royal administration and the judiciary, received the title of Chancellor of Justice. In 1809, the institution of the Ombudsman of Justice appeared in Sweden, which was separated from the fact that it was subordinate to the king.
Thus, the chancellor stood up for the king, and the parliamentary ombudsman stood up for the interests of the peasants and workers. To date, the meaning of the word "ombudsman" knows firsthand the population of countries such as Denmark, Russia, Ukraine, Sweden, Norway, Italy, Poland, Portugal, Great Britain, France, South Africa, etc.
Who can contact the Ombudsman?
The Human Rights Ombudsman considers complaints from individuals who are citizens of a country, foreign citizens, stateless persons who have a residence permit or are simply located in the state. Complaints are accepted of people who have previously been contacted by a court or administrative authorities but who disagree with the decision
or they noticed any violations, were discriminated against, are dissatisfied with complete inaction.
The main tasks of the Commissioner for Human Rights
The main tasks of the Ombudsman, regardless of the country in which he occupies his post:
- Restoring justice and rights that have been violated.
- Conducting activities aimed at the development of international relations in the field of human rights.
- Enlightenment of citizens regarding their rights.
- Improving the legal legislation of the country regarding citizens.
- Control over the work of government agencies.
Ombudsman Institute in Russia
For the first time, the post of Commissioner for Human Rights in Russia appeared in 1994. The first Ombudsman of the Russian Federation - Sergey Kovalev - was appointed by the State Duma. In 1998-2004, this position was occupied by O. Mironov, and since 2004 - V. Lukin. In Russia there is a law “On the Commissioner for Human Rights in the Russian Federation”, on the basis of which these specialists fulfill their duties.
What does the Ombudsman mean for Russians? In short, it is an intermediary between the victim
party (citizen) and officials who protect the rights and interests of citizens. But its activities are not limited to just considering complaints or statements. The Ombudsman, on his own initiative, conducts an investigation, collecting information on gross violations or complete inaction of any authorities.
Powers of the Ombudsman for Human Rights in Russia
The Ombudsman in Russia, which defends the rights of citizens, has a number of powers:
- It protects the rights of citizens, and also monitors their observance by state bodies and officials.
- She makes a report to the State Duma with a request to organize a parliamentary commission to investigate the facts of massive violation of citizens' rights.
- If facts of violation are revealed, it shall file a petition to institute criminal proceedings or administrative proceedings regarding the official (s) person (s).
- Submits a request to verify the correctness of the decision adopted by the court (decision or sentence) that has entered into force.
- He appeals to the court with a request to protect the rights and freedoms of citizens who have been violated by unlawful actions or inaction of state bodies or an official.
- Appeals to the Constitutional Court regarding violations of constitutional rights of citizens.
Financial ombudsman
Who is a financial ombudsman? This is an official who helps to resolve a number of controversial issues that arose between a citizen and a bank. This may be a question of returning money to credit cards, unreasonably high penalties and fines for long-term loans, re-issuing a loan from a foreign currency to a national one. Also, financial ombudsmen resolve issues regarding illegal actions of collection offices and their employees.
But the most common complaints are regarding banks' refusal to restructure the loan. This is due to an increase in the amount of debt, together with fines and penalties, which as a result is almost impossible to pay. The Ombudsman’s task is to negotiate with the bank and convince him to make concessions in the form of partial lifting of sanctions provided that the remaining amount is paid according to the agreed schedule.
Insurance Ombudsman
No less demanded is the intervention of the Ombudsman (who is the Ombudsman, we examined above) in the insurance industry. Some insurance companies violate the terms of the contract if the amount of insurance is insignificant, hoping that the client will not begin legal red tape. Insurance ombudsmen work in almost all countries where this position is provided. For example, European insurance companies respect them, as the powers of these officials are quite broad, and they have enough rights. Moreover, it is unprofitable for European companies to save on non-payment of insurance, as they are paid by the ombudsman, not the insurers.
The Ombudsman Institute in Germany is also well developed. The only drawback of the system is that only members of trade unions of insurance organizations can use the services of officials, and when the case is transferred to the prosecutor’s office, the influence of the ombudsman on the outcome of the case ends.
Ombudsman for Entrepreneurs
The Ombudsman of Entrepreneurs as a separate independent post appeared not so long ago. His responsibilities include:
- Filing claims aimed at protecting the rights of entrepreneurs.
- Acting as an advocate in a business court.
- Making and submitting requests to government bodies at the state and local level on business affairs.
- Visits and consultations of suspected or convicted citizens whose affairs are related to entrepreneurial activity.
Features of the Ombudsman Institute for the Protection of the Rights of the Population
Based on the experience of European countries, it becomes clear that by resorting to the help of the Ombudsman, a number of minor conflicts can be resolved. But there are downsides to this system. For example, the decision made by the Ombudsman of Ukraine for two years is voluntary for insurance and credit organizations. And only after this time does it become binding. Also, the Ombudsman cannot consider controversial issues that have been referred to court or on which an arbitration decision has already been made. The advantages of the system is that consumers no longer need to go to court and spend their time (and money on lawyers).
Children's Ombudsman
Children's ombudsmen stand for the protection of the rights of minor citizens of the country. Their responsibilities include:
- Protection and restoration of the rights of the child.
- Consultations, education, training of children regarding their rights.
- Work with federal bodies, local and state authorities on requests and obtaining the necessary information or documents.
- A visit to organizations and authorities for clarification, verification of their activities related to the rights and freedoms of children.
- Preparation and submission to the relevant authorities of recommendations for improving their work regarding the observance of the rights of the child.
- Attracting specialists to conduct analytical work related to the protection of children's rights.
In some countries, a school ombudsman position is provided. It provides assistance to all participants in the educational process: children, teachers and parents. It can be addressed to everyone who believes that there are violations of the rights of students in the learning process. This may be a misunderstanding between the teacher (school administration, class teacher) and the student, as well as the need for advice on the rights of the child within the school, clarification of organizational issues, hygiene standards, standards, etc. Also, by contacting the Ombudsman, you can make suggestions regarding the improvement of the educational process and institution. The school ombudsman works in the following areas:
- Active participation in the School Council, the purpose of which is to improve the work of governing bodies.
- Work aimed at the prevention of bad habits of schoolchildren.
- Monitoring compliance with all the rights and freedoms of students.
- Work with parents and the parent committee aimed at improving family relationships.
- Psychological and legal support for school staff aimed at preventing burnout.
