Commissioner for the Rights of the Child. Commissioner for the Rights of the Child in the Russian Federation: the activities and responsibilities of the children's ombudsman. Legal Studio Ksenia Pak

The UN Convention on the Rights of the Child is the main international regulatory document dedicated to minors. He prescribes states to protect the interests of children, determines their rights and recommends that countries create special mechanisms to ensure the preservation of juvenile interests.

In most countries that ratifying the Convention, such a function is performed by the Institute of Commissioner for the Rights of the Child.

Legal basis for children's ombudsman in the Russian Federation

The position of the Commissioner for the Rights of the Child began to appear in the constituent entities of the Russian Federation from 1998 after ratification. The Presidential Decree of 2009 decided to establish the position of the Commissioner for the Rights of the Child under the President of the Russian Federation and recommended to create the relevant Institute in the regions.

The appointment to the post and withdrawal is governed by the Constitution of the Russian Federation, Federal Law No. 124 "On Basic Guarantees of the Rights of the Child in the Russian Federation", laws and regulations established in the regions in order to comply with the requirements of the Convention.

Commissioner under the President of the Russian Federation for the Rights of the Child

The federal employee leads its work in Moscow. He is appointed to the post and is removed from him by the order of the President of the Russian Federation. Responsibility for maintaining the vital activity of the Commissioner is entrusted to the Public Chamber.
By 2011, the "vertical" of the Commissioner was lined up in the structure of the Commissioner with the federal representative headed.

Powers of the Federal Commissioner

Presidential Decree No. 1518 "On Commissioner under the President of the Russian Federation for the Rights of the Child" gives the following opportunities to the federal representative:

make a request for the provision of necessary information to federal executive, regional and municipal authorities, organizations and officials of the Russian Federation;
free to visit the authorities, organization,;
alone or together with other state apparatus and officials, to verify the legality of the actions (inaction) of the federal executive, regional and municipal authorities, as well as officials, to receive explanations from them;
notify competent persons about their discretion in their decisions or actions (inaction), acts of infringement of the child and address themselves proposals for correcting these types of offenses and the restoration of fair order;
in accordance with a certain order to attract scientific and other organizations, science and specialists for expertise in the field of disruption of the child.

Commissioners for the Rights of the Child in the Subjects of the Russian Federation

Children's ombudsman in the regions of Russia is approved to the post and operates on one of the four models:

Elected by the legislative apparatus of power or with its approval, receives parliamentary status and operates on the basis of regional laws.
Appointed heads of administration and integrates to the executive system.
The tasks of the children's ombudsman are assigned to the deputy of the Legislative Assembly or regional authorized human rights.
The activities of the Commissioner is organized at a charitable basis..

Tasks of regional ombudsmen

Based on the analysis of the activities of regional ombudsmen, several main tasks allocate for their activities:

Creating conditions that guarantee the value of legitimate interests and freedoms of citizens.
Maintaining already applicable and the creation of new mechanisms to defend the child In controversial situations with the organs of the national and municipal authorities, the responsibilities of which enters the interest of the child's interests.
Taking measures to restore the infringement of the child's interests.
Monitoring the current situation with the observance of the child and initiation of improving regulatory acts.
Stimulating interstate cooperation in the field of child freedoms.

Powers of regional ombudsmen

The competencies of regional ombudsmen are not enshrined in the Federal Law. Their powers are determined by either the executive bodies of state power, or regional laws, depending on the organizational and legal status.

Ombudsman activity

In addition to children's ombudsmen, other institutions, but more narrowly specialized are:

juvenile - protects the interests of children from disadvantaged families;
guardianship and guardianship - Watching well-being in adoptive families or specialized institutions.

The Commissioner interacts with all institutions that fulfill the responsibilities of the child's right, but does not replace their work. The main directions of its activities are the following:

controlling the legality of the actions of the authorities, children's institutions, citizens in relation to children;
assistance to the child, in their rights;
elimination of threatening factors in the legitimate interests of the child;
informing citizens, including minors, about the presence of childrenenshrined in the convention and the possibilities of their protection.

Unlike the prosecutor's office, the Ombudsman competes to protect the interests of a narrow group of the population - minors. At the same time, he oversees the preservation of a wider list of their interests prescribed in the Convention.

The peculiarity of the Institute of Commissioner for the Rights of the Child is that all citizens can resort to its assistance without age limitations. This gives the child a chance to inform himself about infringement of his rights, which is excluded when contacting the Commissioner for Human Rights.

Children's ombudsman personally accepts citizens, and also visits places from where they received and conducts other types of checks to find or disprove the described in the statement. But the complaint will not always be considered, but only if it has not been adopted by other competent authorities.

The Commissioner participates in the court sessions on the decision of the controversial issues regarding the interests of minors, but as a third party, not endowed with the opportunity to put out its own requirements.

This situation limits the possibility of children's interests.

An important work of work is an exchange of skills between colleagues, in order to determine which in 2005 the Association of Children's Ombudsmen was created in the subjects of the Russian Federation. Cooperation between countries occurs within the framework of the UN Committee, the Hague Court, the ECHR.

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The protection of the rights and interests of the child is paid at high attention on both Russian and international levels. In particular, in 1990 the Convention on the Rights of the Child was adopted, which was ratified by the state authorities of the USSR. Since the Russian Federation is considered the USSR successor, the effect of this NPA applies to the current realities. In addition, the protection of the rights and legitimate interests of the child is recognized as one of the most important topics of the state's social policy, as it affects the education and formation of minors, respectively, their adaptation to public life. For this, government agencies are being created, in whose competence is just included in the protection of childhood.

Protection of the rights of minor children

As mentioned above, the social policy of the Russian state is primarily aimed at protecting the rights and interests of juvenile children. After all, it is from this that the entire social component of Russian society is built.

Protection of the rights and interests of children is regulated by several NPA, which operate in Russia.

Convention on the Protection of the Rights of the Child

Since international treaties are considered prevailing over Russian legislation, that is, they have a priority, the Convention on the Rights of the Child has a paramount role in this case. What is this regulatory act?

The Convention on the Protection of the Rights of the Child is a legal act adopted internationally, which determines the rights of minors living in the territory of the States parties. The Convention is recognized as a fundamental legal document, the performance of the norms of which is considered to be mandatory for all countries without exception, who has ratified the international legal act.

The Convention is divided into 54 articles, each of which is prescribed by the features of the individual rights of the child from birth and before the achievement of 18 years (unless otherwise provided by the federal law at the participating countries). In particular, the Convention regulates the foundations that are necessary to embody their legitimate rights and interests, which become possible only in the absence of abuse from third parties (cruelty, violence, coercion, etc.)

The Convention was adopted by all participants of international cooperation within the framework of the UN, as well as the Holy Throne and Palestine. The only country where the Convention is not ratified, the United States is considered.

As for the Russian legal system, the Family Code of the Russian Federation plays priority. It is in this legal act contains Art. 56, in which the foundations of the protection of minors, disabled, orphans, as well as children living in a reception or incomplete family, and the obligations of parents aimed at raising and forming minors. In addition, this legal act contains other norms (having its own characteristics), in which the foundations of the well-being of children, disabled and orphans are prescribed.

Organization for the protection of the child's rights

Social policy of the state is aimed at maximizing all the problems that may arise in the field of family, property and housing relations. This is due to the fact that the relationship between parents and minors arise immediately after the birth of the child. Some relationships are regulated exclusively by moral norms, in other situations, family legislation has priority. The federal or regional law, which is accepted in Russia, only adds clarifications about the conditions for the residence of children, disabled and orphans, the implementation of property and housing transactions, etc.

In addition, the federal act (IC of the Russian Federation), namely, Article 56, fixes that every child in modern conditions living in a family or outside of family relationships (it does not matter to the category of orphans, people with disabilities) is entitled to protect the rights from abuse from parents, adoptive parents, guardians. According to this NPA, each child can contact an authorized body (federal or regional no matter) by directing the claim in order to protect their rights and interests (judicial protection).

Guardianship and guardianship authorities as an organization for the protection of the rights of a child under the age of 14, protects its property, housing and personal interests. Upon reaching 14 years, each child has legal right to send the claim to the bodies of the judiciary that parents do not fulfill the duties that affect its upbringing and education, as well as if the parents are abused by parental rights.

In addition, every subject (citizen), even if he does not have any attitudes towards the family, is not a participant in property and housing legal relations, should send the claim to the guardianship and guardianship authorities, if it has the information that parents are carried out Parental abuse.

The social component of the family legislation of the Russian Federation has a priority and in the fact that every child (be it from the category of persons with disabilities or orphans) is endowed with the right to express his own opinion in solving property, housing and other important issues if they, one way or another, affect his interests (upbringing and education including).

The concept of protecting property and housing rights of the child is regulated by Art. 60 of the RF IC, as well as civil law. In that case, from parents, the abuse of parental rights, including the implementation of real estate, the share in which is owned by a minor, each child (subject of legal relations) has the right to send the claim to the federal judicial authority (upon reaching 14 years) or the authorized department To resolve the problems that have arisen.

Ways to protect the rights of the child

In modern conditions, the concept of "ill-treatment of children (including from the category of persons with disabilities and orphans) from parents or other legal representatives is becoming increasingly in legal practice. That is why ways, measures, measures and problems of protecting children are considered one of the key topics that makes a priority over other issues that affect social policy.

Unfortunately, the social policy of the state has enormous problems that affect the protection of the interests of orphans, disabled and minor children living in an incomplete or asocial family. In particular, as practice shows, preventive work is not carried out to prevent the abuse of parental rights from parents and other legal representatives (this applies to such topics, in particular, as education, education, as well as solving property and housing issues). Often, the subject of legal relations violates the rights of the child, does not fulfill its duties in the family, and also uses prohibited measures and methods aimed at raising Chad. Therefore, correct the complex situation and solve all problems in the family becomes extremely difficult.

Based on the above, it is possible to draw conclusions that ways and measures to protect the interests of orphans, children with disabilities and minors in the territory of the Russian Federation are not in an optimal state, despite their existence. In particular, in modern legislation, there is still no clear concept that can be understood under the protection of the rights and interests of minors.

If you apply to practice, the bodies of juvenile justice are one of the most effective protective mechanisms of childhood, which has its own characteristics. This federal authority is a system of justice, whose influence primarily has a priority towards juvenile. The judiciary suggests that the state should act as a trustee of children (orphans and persons with disabilities including), which will protect them not only from abuse from parents, but also from the harmful influence on the part of society.

The concept of juvenile justice (judicial system) is a federal mechanism, which primarily does the emphasis on the offenses that the subject can carry out, but on the identity of the offender. In particular, the ministry sends its measures to protect the rights and raising children (in particular, orphans and disabled), as well as those who grew up in a disadvantaged family in bad social and housing conditions.

In addition, the state's social policy has a priority and in supporting and progressive development of civil society, in which education, education becomes priority areas. In particular, civil society authorities should take measures and conduct activities that will allow rehabilitory children growing in a disadvantaged family, thereby reducing the risks of the asocial and deviant behavior of juvenile in the future.

Thus, the methods and forms of protection of the rights of the child, as well as the obligations of government agencies in this area, is one of the most topical topics that social policy should solve, in particular through official documents (NPA).

Organs to protect children's rights

Functions on the protection of the basic rights and interests of children are assigned not to one authorized to fulfill the authority, but to a whole system of government agencies. If you turn to the RF IC, namely, Art. 8, then the priority of the protection of the rights of the child in administrative procedure has an authorized law enforcement agency (unimportantly federal, or regional) represented by the prosecutor's office and the ATS. At the same time, each subject has its own characteristic features and duties of execution of powers.

The prosecutor's office applies the following measures and ways:

Places a claim and confirming documents on deprivation or restriction of parental rights, as well as a decree on the abolition of adoption;
Provides to the Federal Court, the claim in which it is required to restore the infringement or violated rights of a minor (which may affect the education, child education, or the issue of housing and stay in a dysfunctional family) and the necessary documents for this;
It has direct right to be present at the main trials, within which the impact on the violation of the rights of minor, etc. is proceeding.

Features and responsibilities who have the Ministry of the Interior are that they are directly involved in the implementation of a compulsory event aimed at mailing children who, for example, lived in a disadvantaged family and did not receive proper education and education, since parents did not perform Your direct responsibilities.

In addition, the social system of state bodies implies participation in the conduct of a protective event and by the Commission on Minors. Federal Law under No. 120 puts the following duties into the priority of this body:

The judicial protection of the rights of the child, including this authorized subject, sends the claim to the court and the necessary documents for the deprivation of parental rights.

Implementation of protective measures that contribute to the restoration of the infringement of the rights and interests of the child. In particular, the authorized body (subject) solves the problems of carelessness and neglect, establishing certain duties through a prophylactic event aimed at social education of minors.

In addition to the fact that the authorized representative sends the statement of claim to the judicial department, he also prepares the necessary documents for the trial of the problem related to minors.

The concept of "social policy" state implies primarily the protection of the rights and interests of all citizens of the Russian Federation, especially minor children related to the category of risk.
From Advokat-Malov.ru.

The main rights of children

The child admits a person who has not reached the age of eighteen (majority).

The main human rights (children) are indicated in the Constitution of the Russian Federation. Human rights, as well as the rights of the child, begin with the right to life. Life is the first and most importantly, which is given to a person. She is unique, holy, inviolable.

In addition to the Constitution, the right of the child is listed in the Family Code of the Russian Federation:

The right to live and brought up in the family (Article 54 of the RF IC). The right of a child to upbringing, ensuring his interests, comprehensive development implies the provision of every child in the family the opportunity to grow physically and spiritually healthy, capable of full-fledged independent life. The child has the right to a joint accommodation with his parents (except in cases where it contradicts his interests).
The right to communicate with both parents and other relatives (Art. 55 of the RF IC). Child's right to know his parents. The origin of children from specific parents is the basis for the emergence of legal relations between parents and children, regardless of whether parents are married or not, whether they live together or separately.
The child has the right to protect his rights and legitimate interests (Art. 56 of the RF IC).
Children's right to express his opinion. The consolidation of this right emphasizes that in the family, the child is a person with which should be reckoned, especially in solving those issues that directly affect his interests (Article 12 of the UN Convention on the Rights of the Child and Article 57 SC).
The right of a child in the name (Art. 58 of the RF IC). It includes a name given to a child at birth (own name), patronymic (generic name), last name moving towards descendants.
Changing the name and surname of the child. At the joint request of the parents before reaching the child of the age of fourteen, the guardianship and guardianship body, based on the interests of the child, it is entitled to allow the child to change the name of the child, as well as to change the name of the surname of another parent (Art. 59 of the RF IC).
Property rights of a child. The child has the right to receive content from his parents and other family members in the order and in size, which is established by the section V of the Family Code of the Russian Federation (Art. 60 of the RF IC). The child is the owner of the property belonging to him and their incomes that bring them.

But as described the rights of the child in the UN Convention on the Rights of the Child:

"States Parties undertake to provide a child to such protection and care that is necessary for his well-being, taking into account the rights and obligations of its parents, guardians or other persons who are responsible for him by law, and for this purpose take all relevant legislative and administrative measures. "(Art. 3).

"The participating States are making all possible efforts to ensure the recognition of the principle of the overall and equal responsibility of both parents for the education and development of the child. Parents or as appropriate, legitimate guardians are primarily responsible for the education and development of the child. The best interests of the child are the subject of their main care "(Art. 18).

In addition, the Declaration of the Rights of the Child, proclaimed by General Assembly 1386 (XIV) of the UN General Assembly, established 10 principles, followed by everyone who wanted to provide happy childhood children.

Principle 1.

The child must belong all the rights listed in the Declaration. These rights should be recognized for all children without exceptions and without distinction or discrimination on the basis of race, skin color, gender, language, religion, political or other beliefs, national or social origin, property position, birth or other circumstances relating to the child or His families.

Principle 2.

A special protection should be provided with law and other means to the child and the possibilities and favorable conditions that would allow it to develop physically, mentally, morally, spiritually and socially healthy and normal through and in conditions of freedom and dignity. When publishing, with this purpose, the laws should be the best way to ensure the interests of the child.

Principle 3.

The child should belong to his birth right in the name and citizenship.

Principle 4.

The child should use the benefits of social security. He should belong to healthy growth and development. To this end, special care and health protection should be provided both to him and his mother, including proper prenatal and postpartum care. The child should belong to proper nutrition, housing, entertainment and medical care.

Principle 5.

A child who is defective in physical, mental or social terms should be ensured by special regime, education and care required due to its special state.

Principle 6.

A child for the complete and harmonious development of his personality needs love and understanding. He must, when it is possible, to grow on care and responsible for its parents and in any case in the atmosphere of love and moral and material security. The juvenile child should not, except those cases when there are exceptional circumstances, to be separated from your mother. In society and on public authorities, it should be a responsibility to carry out special concern for children who are not familiar and children who do not have sufficient livelihoods. It is desirable that public or other benefits for the maintenance of children are provided to large families.

Principle 7.

The child has the right to receive education, which must be free and mandatory, at least in the initial stages. He should be given an education that would contribute to his general cultural development and thanks to which he could, on the basis of equality of opportunities, develop his abilities and personal judgment, as well as consciousness of moral and social responsibility and become a useful member of society. The best to ensure the interests of the child should be a guideline for those on whom lies responsibility for its education and training. This responsibility lies primarily on his parents. The child must be ensured by the full feature of games and entertainment, which would be aimed at the goals pursued by education. Society and public authorities should make efforts to facilitate the implementation of the specified right.

Principle 8.

The child must be among all the circumstances among those who first receive protection and help.

Principle 9.

The child must be protected from all forms of careless, cruelty and operation. It should not be the object of trading to any form. The child should not be hired until the proper age minimum is achieved. In no case should he entrust or resolve work or occupation, which would be harmful to his health or education or prevented its physical, mental or moral development.

Principle 10.

The child must be protected from practice that can encourage a racial, religious or other form of discrimination. He must be brought up in the spirit of mutual understanding, tolerance, friendship between nations, peace and universal fraternity, as well as in full consciousness that its energy and abilities should be dedicated to serving other people.

The Convention on the Rights of the Child is noteworthy in many meanings. This international act is the main security of the child's right - a human being under the age of 18, at the highest level. The Convention is ratified by all UN member countries (with the exception of the United States and Somalia).

November 20 - the day of adoption by the UN General Assembly of the Text of the Convention, - annually marks the day of the child's right. The Convention on the Rights of the Child consists of preamble and 54 articles. It details the individual rights of each child to the complete development of its capabilities in conditions free from hunger and needs, cruelty, operation and other abuse. The definition of the concept of "child" was given and the priority of his interests before the interests of society was established. The most important rights of the child are proclaimed as:

the right to life and healthy development;
right to the name;
the right to citizenship;
the right to know your parents;
the right to parent care and joint living with them;
rights and obligations of parents in relation to children.

The rights of children to express their views or beliefs, the freedom of associations and peaceful assembly, the child's access to the dissemination of information.

The state's responsibility is enshrined in the protection of children's rights from exploitation, from illegal drug use, abduction and trafficking in children.

According to Art. 8 The Convention on the Rights of the Child The child has the right to preserve its individuality, including citizenship, name and family relationships.

In accordance with Art. 14 The Convention on the Rights of the Child The child has the right to freedom of thought, conscience and religion. This right includes freedom to express its opinion in oral, written or printed form, in the form of works of art or through other means of choosing a child (Art. 13 of the Convention).

Based on Art. 19 Conventions on the Rights of the Child The child has the right to defense against all forms of physical or psychological violence, exploitation, insults, careless or coarse circulation - both from parents and guardians or at all any person who takes about the child.

Article 20 of the Convention found that the child, devoid of his family environment, has the right to special protection and assistance provided by the state.

In accordance with Art. 27 Conventions on the Rights of the Child The child has the right to the standard of living necessary for its physical, mental, spiritual, moral and social development. The child's defective in mental or physically, the child should lead a full-fledged and decent life in the conditions that ensure his dignity, contribute to his self-confidence and facilitate his active participation in the life of society (Art. 23 of the Convention).

The child has the right to health care (Art. 24 of the Convention) and social security, including social insurance (Art. 26 of the Convention).

According to Art. 29 The Convention on the Rights of the Child The child has the right to education, which should be directed to the development of the personality, talents and mental and physical abilities of the child in their fulfillment.

Under art. 30 The Convention on the Rights of the Child The child has the right to use the native language, confess the religion of its parents, even if it belongs to the ethnic, religious or language group, which is a minority in this state.

Article 31 of the Convention on the Rights of the Child proclaims his right to rest and leisure, the right to participate in games and entertainment events corresponding to its age, freely participate in cultural life and engage in art.

Based on Art. 32 Conventions on the Rights of the Child The child has the right to protect against economic exploitation and from carrying out any work that may be dangerous to its health or damage to physical, mental, spiritual, moral and social development.

The child has the right to defense against all forms of sexual exploitation and sexual seduction (Art. 34 of the Convention).

States Parties to the Convention on the Rights of the Child provide to:

no child was subjected to torture or other cruel, inhuman or degrading treatment or punishment;
no child was deprived of liberty illegal or arbitrary;
each devoid of freedom, the child had the right to immediate access to legal and other relevant assistance.

States parties take measures to combat illegal displacement and non-return of children from abroad. States parties undertake to respect and comply with the norms of international humanitarian law regarding children in the zone of armed conflict. States parties take all possible measures to ensure that the faces under 15 years of age do not take direct participation in hostilities.

Thus, recognizing the child with an independent subject of law, the Convention sets the task of preparing a child to independently in society in society, upbringing him in the spirit of peace, dignity, tolerance, freedom of equality and solidarity.

These legislation determine as a priority state policy compliance with the rights of the child, enshrined by the Constitution of the Russian Federation, as well as the protection of children from factors negatively affecting their physical, intellectual, mental, spiritual and moral development.

Modern family legislation, in contrast to the previous, mainly disposed of relations arising in the family and comes from the need to strengthen the family, building family relations on the feelings of mutual love and respect, mutual assistance and responsibility to the family of all its members, the inadmissibility of arbitrary interference of anyone In the affairs of the family, ensuring the unimpeded exercise of family members of their rights, the possibility of judicial protection of these rights (Art. 1 of the RF IQ).
From MINJUST.RU.

In this article you learned what the protection of the rights of the child. If you have any questions and problems that require the participation of lawyers, then you can seek help from Sherlock's information and legal portal specialists.

Editor: Igor Reshetov

A citizen of Russia, even if he is a minor, has the general rights listed in the legislation. And although due to age, he not all of them can carry out, but its basic rights should be defended in the same way as in an adult. In addition, the legislation provides for some special rights for children. Both the general rights of the child and special protects parents or guardians, as well as government agencies: the guardianship service, the prosecutor's office, the court and others.

But there is another important link: the authorized for the rights of a child - such a position exists in the Russian Federation both on the federal and local level. It has a number of opportunities to influence the position of children as generally, at the level of legislation, and to help in some cases.

At the basic level of the law of the child, as well as other citizens of the Russian Federation, are provided by the Constitution, as well as the Family Code, regulatory acts of the constituent entities of the Russian Federation, and other documents. In addition, they are defended by international declarations and conventions - such as the UN Convention on the Rights of the Child and others.

About the Commissioner for the Rights of the Child Article 124 "On Basic Guarantees of the Rights of the Child in the Russian Federation", where Article 16.1 is devoted, which indicates that the Commissioner under the President of the Russian Federation is intended to protect the interests of minors, and its powers are delineated by the presidential decrees. In addition, similar positions may also establish in the regions.

Additional Information

The position of the Ombudsman for the Rights of Children is necessary because the Commissioner for Human Rights by force is less effective in this matter: the important part of its activities is the consideration of complaints, and children cannot file and arrange them in accordance with the requirements.

In October 2018, the president for consideration by the State Duma introduced a new bill dedicated to the legal status of the Commissioners for Children's Rights and filling this gap in legislation. Probably, it should be expected that after the improvements it will be accepted, and this may follow the further, clearer rights and obligations of children's ombudsmen and in the regions too.

Structure and appointment

Unfortunately, there is no clear structure of authorized on the rights of minors in the Russian Federation: there is an authorized president, as well as individual authorized in the regions, but not in each. They are appointed and working in accordance with local law, where it provides.

The Institute itself is secondary in relation to the Commissioner for Human Rights, which is why in some regions the appointment of a separate ombudsman for children is considered optional. Legislation in this regard does not give clear instructions, noting only the possibility of existence of such a local level, but not its obligation. Recently, there has been a certain revival in this area, and may soon follow the expansion of federal legislation, since at the moment this sphere is almost entirely given to the deposit regions.

At the federal level

The authorized under the president is appointed by the country's main face, after which it is endowed with inviolability. As long as the Federal Ombudsman does not lose his position, it can not be sent to the arrest or even search. It is intended to influence legislation in the field of minors, as well as to help in certain situations.

In the regions

Some entities also have their own ombudsmen with approximately similar terms of powers, but operating only at the local level. They are appointed on local legislation, it is also determined by the procedure for appointment and the amount of authority.

As a consequence, from the region to the region, it can largely vary. So, the ombudsmen can be:

Part of the executive system, if their appointment occurs in the decree of the governor or the head of the republic.
Appointed by the legislative body of the subject of the federation, and then they work more independently of the executive.
Being deputies of local legislative bodies appointed in accordance with the laws of the region as the Commissioners - and therefore, they will combine the possibilities of deputies and ombudsmen.
Being deputy authorized human rights in the region or consist in his headquarters and report to him.
Working on a public basis - that is, not to be part of the structure of power at all. This kind of ombudsmen can be engaged not even to a region, but a separate city.

In all these cases, as seen, the specifics of the work of the Ombudsman for the Rights of Juvenile will differ, sometimes significantly. Being a deputy, he has the opportunity to freely make laws into the Legislative Assembly of the region, and, working on a social basis, he in some cases can have very limited opportunities. It differs, respectively, the degree of autonomy from local authorities, and the volume of powers stipulated by local laws.

Main goals

At the federal level, the tasks of the children's ombudsman include:

Control compliance with the law in relation to minors.
To identify violations towards young children and to pay attention to this state authorities, so that the identified violations were highly eliminated.
To reduce the number of these violations, the Commissioner should also lead legal activities that summarize the existing legal practice in the country and offering new standards that can subsequently be applied in legislation - for this, it can involve lawyers specialists with the fee paid.

Note!

The complaint of the Ombudsman is entitled to even the persons serving a sentence in prison or colonies, which are in the detention facility, undergoing treatment in a psychiatric hospital.

At the regional level, the main tasks facing the authorized, usually roughly coincide with the federal, and the key difference will be that the regional ombudsman fulfills them only in one subject. However, often there is a regional specificity, because tasks and powers are established by local laws. We will analyze those and others on the example of the authorized in the Novosibirsk region. His tasks are such:

Protect juvenile rights.
Promote their speedy restoration in violations.
Make every effort to improve local legislation in this direction.
It is important to conduct legal education in the field - this is important that citizens understand what the child is endowed with, and they did not violate them or could defend themselves.
Take part in collaboration between regions that promote the protection of the rights and interests of children.
Inform citizens about what is the situation in the field of protecting the rights of a child in the region, about its own activities and its results.

Powers

To perform the tasks that are put in front of them, the ombudsmen are endowed by a number of powers. The Federal Commissioner has the right to:

Unhindered to apply visits to all state and municipal authorities, one way or another, related to its activities.
Initiate checks or carry out their own forces to establish whether there are any violations of the rights of children.
To make sentences in order to improve any procedure relating to the rights of the child.
Similarly, he can make suggestions and relative to the improvement of legislation.
If necessary, request documents and other information in federal and local authorities, as well as organizations, from officials.
In order to work more effectively on the amendments to legislation, the Ombudsman has the right to attract specialists, creating expert groups from them or advice. Non-state organizations can be involved.
If he managed to reveal a violation, he must contact the prosecutor's office or the court so that the persons who admitted it were punished, and the violation itself is suppressed.

Even if a state of emergency operates in the region or country, the ombudsman still retains all its powers.

Carrying out activities

As part of the outlined powers of the Ombudsmen and must fulfill the goals set before them, for which their work activities are sent. It takes:

Consideration of appeals is a very important part of the work of the Commissioner, he must disassemble various complaints from citizens and organizations, and take inspections on them, as well as redirect to other departments to eliminate issues.
Conduct inspections and preventive measures - the immediate implementation of the powers with which it is endowed. For this, it has the right not only to visit various institutions, but also to get acquainted with their work, to receive explanations from employees.
Work with legislation - Again, the specific implementation of the authority available at its disposal.
Maintaining personal reception of citizens both in its own office and with departure to other settlements.
Other activities to protect the rights of minors.

In addition to the listed, the ombudsmen should prepare various reports on the issues affected during their activities, as well as its results. For example, the representative of the representative of the representative of the local legislative assembly, the Governor, as well as the Special Reports by the Commissioner for Human Rights, and the Special Reports are responsible for the local legislative assembly.

It should be taken into account - although the ombudsman has the full right to appeal to the court or entering the state bodies of legislative initiatives, but cannot replace specialized organizations, such as courts, guardianship authorities, legislative, and so on. Its role primarily is precisely in order to raise problems in a timely manner so that they are then eliminated by other persons performing an appropriate role in the state apparatus.

In general, the Institute of Commissioner is characterized by several blurred status and field of activity, sometimes this position can be politicized. And due to the lack of clearly prescribed legislative levers, the Ombudsmen in the work have to be based on the authority of officials, whose decrees they are appointed, - first of all these are governors and heads of the republics. This is a negative factor, because they are as if they are dependent on the executive branch, which should not be for the more successful implementation of functions, but not under conditions when it is impossible without the help of the executive.

Order procedure

You can sign up for a personal reception to the ombudsman, to turn when he comes to your city itself, or the easiest option is to appeal through the official website -

It should not be thought that the appeals via the Internet will be ignored: they all necessarily consider, and they are answered. In parallel, the complaint of the Ombudsman, you can also contact other instances, at the same time you can apply to the Commissioner in the region and federal.

But not all complaints of the Ombudsman may consider: even the federal is not entitled to consider protests against solutions of one of the chambers of parliament or legislative bodies of the constituent entities of the Russian Federation.

It is worth allocating that the Children may contact the authorized personally, for this it is not required that adult persons accepted by intermediaries, as with appeals to various officials, and this also largely determines the peculiarity of this position. And the fact that it is in demand is confirmed by a large number of appeals.

The statute of limitations is a year with a violation, or from the moment when the applicant learned about him - you need to complain before its expiration, otherwise the question will not be considered.

After the complaint is obtained, the ombudsman can:

take it;
refuse to accept with the explanation of the reasons;
clarify how the applicant may defend its rights;
transfer the complaint of that instance, whose competence refers to its consideration.

What decision is made, the applicant must be informed within ten days.

Despite all the problems in the article, the Commissioner for the Rights of the Child in the Russian Federation - an important element in protecting the rights of minors. From such control bodies as the prosecutor's office, it is distinguished by what focuses on one question, besides, children themselves can be addressed to him for help. Also covered by them the range of issues is wider than that of guardianship and guardianship authorities. As a result, there is no doubt about the need of this institution, but so far the legislative framework is not fully formed for its functioning.

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we will protect the property interests of the child in a broken-water trial;
accompany the case on the adoption of the child and the deprivation of parental rights;
we collect the evidence base for the recognition of paternity;
take care of the interests of the child at the conclusion of contracts, the subject of which is immovable property;
we will provide advice on civil or criminal proceedings in which the child appears;
we will help in solving family disputes in case one of the parents live in another country;
we will provide a minor correct from a legal point of view. Entrance to the inheritance.

Department Committee for the Protection of Children's Rights

Anyone is endowed with the birth of inalienable rights, the protection of which is provided by the state. The child is an independent person who has the right to family and relationships with relatives. Unfortunately, it becomes much more difficult to ensure that the child's parents divorce, who wish to limit him from communicating with the second spouse. The function of protecting the rights of children is that they are provided with comfortable conditions for interacting with all people close to him.

Center for the protection of the rights and interests of children

In addition to the right to the family, each child has the right to:

first name, surname and patronymic;
possession of legitimate property that belongs to him;
obtaining medical care and education;
expression of one's own opinion;
free choice of a parent with whom he wants to live after the dissolution of marriage.

If at least in one of the rights, the child was infringed, then this is a reason for the restoration of such a right in court. Due to the presence of many controversial moments, it is better to resort to the help of a professional lawyer.

Judicial protection of the rights and interests of juvenile children

You can contact us by contact numbers or by filling out an online application.

THE RUSSIAN FEDERATION

THE FEDERAL LAW

On the Commissioners for the Rights of the Child in the Russian Federation

State Duma

Federation Council

Article 1. General

This Federal Law determines the peculiarities of the legal status, the main tasks and powers of the Commissioner under the President of the Russian Federation for the Rights of the Child (hereinafter - the Commissioner), as well as the basis of the legal status of the Commissioners for the Rights of the Child in the constituent entities of the Russian Federation.

Article 2. The activities of the Commissioner

1. The activities of the Commissioner are aimed at ensuring guarantees of state protection of the rights and legitimate interests of children, the implementation and respect of the rights and legitimate interests of children by government agencies, local governments and officials.

2. Commissioner assists:

1) restoring the violated rights and legitimate interests of children;

2) improving the legislation of the Russian Federation in terms of protecting the rights and legitimate interests of children;

3) the development of international cooperation in the field of the protection of the rights and legitimate interests of children;

4) improving the forms and methods for protecting the rights and legitimate interests of children.

3. The activities of the Commissioner complements the existing funds for the protection of the rights and legitimate interests of children, does not cancel the powers of state bodies providing protection and restoration of the violated rights and legitimate interests of children, and does not entail the revision of such powers.

Article 3. Appointment to the post of Commissioner. Termination of authority authorized

1. The Commissioner is appointed by the President of the Russian Federation for a period of five years. The same person cannot be appointed authorized more than two terms in a row.

2. The authority of the Commissioner may be early terminated by the decision of the President of the Russian Federation.

Article 4. Requirements for the Commissioner

1. A citizen of the Russian Federation at least thirty years can be appointed authorized by an impeccable reputation that has a higher education and experience in the implementation and protection of the rights and legitimate interests of children, restoring the violated rights and legitimate interests of children or the experience of human rights activities.

2. The Commissioner cannot be a member of the Federation Council of the Federal Assembly of the Russian Federation, a deputy of the State Duma of the Federal Assembly of the Russian Federation, a deputy of the legislative (representative) state authority of the subject of the Russian Federation, a member of the Political Party or other public association, which pursues political goals, to engage in other paid activities , with the exception of teaching, scientific and other creative activities.

3. On the Commissioner, the requirements, limitations and prohibitions established by the Federal Law of December 25, 2008 N 273-FZ "On Countering Corruption" against persons replacing the state positions of the Russian Federation.

4. The Commissioner is obliged to terminate incompatible with its status activities within fourteen days from the date of appointment.

Article 5. The main tasks of the Commissioner

The main tasks of the Commissioner are:

1) Ensuring the protection of the rights and legitimate interests of children who are citizens of the Russian Federation, in the territory of the Russian Federation and in the territories of foreign countries, children who are foreign citizens or stateless persons, in the Russian Federation in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation ;

2) promoting the formation and effective functioning of the state system to ensure the implementation, compliance and protection of the rights and legitimate interests of children by government agencies, local governments and officials;

3) monitoring and analysis of the effectiveness of the functioning of the mechanisms of implementation, compliance and protecting the rights and legitimate interests of children by federal executive bodies, state authorities of the constituent entities of the Russian Federation, local governments, educational and medical organizations, organizations providing social and other services to children and families, having children and officials;

4) participation in the formation and implementation of a unified state policy in the field of ensuring and protecting the rights and legitimate interests of children, including participation in the activities of the coordination bodies created in order to implement this state policy, as well as the preparation and direction of the President of the Russian Federation and to the Government of the Russian Federation of relevant proposals;

5) Preventing the violation of the rights and legitimate interests of children, facilitating the restoration of violated rights and legitimate interests of children;

6) participation in the prevention of prevention of neglect and juvenile offenses;

7) promoting the development of international cooperation in the field of the protection of the rights and legitimate interests of children.

Article 6. Powers of the Commissioner

1. Commissioner in order to implement tasks assigned to him:

1) sends to state bodies with the right to appeal to the Constitutional Court of the Russian Federation, motivated proposals within its competence of contacting the Constitutional Court of the Russian Federation with a request for compliance with the Constitution of the Russian Federation of federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation;

2) sends to members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, to legislative (representative) state authorities of the subjects of the Russian Federation, other subjects of law of legislative initiative, motivated proposals for the adoption of legislative acts, on introducing changes to legislative acts, aimed at ensuring the implementation and adherence to the rights and legitimate interests of children;

3) directs the leaders of the federal executive bodies, the state authorities of the constituent entities of the Russian Federation, other state bodies, local governments, motivated proposals for recognition of invalid or suspension of legal acts and decisions in cases where these acts and decisions violate the rights and legitimate interests of children or on introducing changes to these acts and decisions aimed at ensuring the implementation and respect for the rights and legitimate interests of children;

4) turns to court with administrative claims on the recognition of illegal decisions, actions (inaction) of government bodies, local governments, other bodies, organizations that have individual public or other public authority, officials, state or municipal employees in defense of rights and The legitimate interests of children, if it believes that the contested decisions, actions (inaction) do not comply with the regulatory legal act of the Russian Federation, violate the rights and legitimate interests of children, create obstacles to the implementation of their rights and legitimate interests or are illegally entrusted with any responsibilities;

5) participates in its own initiative in court proceedings for civil cases for giving conclusion in order to protect the rights and legitimate interests of children;

6) sends to state bodies, local governments and officials, in decisions or actions (inaction) of which violations of the rights and legitimate interests of children, motivated proposals containing recommendations for the elimination of these violations, as well as the involvement of persons responsible in violation of rights and the legitimate interests of children, disciplinary, administrative or criminal liability in the manner prescribed by the legislation of the Russian Federation;

7) Conducts in accordance with the legislation of the Russian Federation independently or jointly with authorized government agencies and officials to verify the information set out in appeals to the name of the Commissioner or other information on issues relating to the violation of the rights and legitimate interests of children or by the federal executive bodies, bodies executive authorities of the constituent entities of the Russian Federation, local governments, educational and medical organizations, organizations that provide social and other services to children and families with children and officials of measures to ensure and protect the rights and legitimate interests of children, and also receives from these authorities, organizations and persons relevant clarification;

8) carries out other powers stipulated by the legislation of the Russian Federation.

2. The administrative statement of claim provided for in paragraph 4 of Part 1 of this article, in accordance with the legislation of the Russian Federation on taxes and fees is not subject to state duty.

3. Commissioner in the implementation of its activities is entitled:

1) to request and receive the necessary information, documents and materials from state bodies, local governments and officials;

2) unhindered upon presentation of a service certificate to attend federal state authorities, state authorities of the constituent entities of the Russian Federation, local governments, educational and medical organizations, organizations that provide social and other services to children and families with children;

3) without a special permission to attend institutions that are penalties, and investigative insulators, in which minors, pregnant women and women, whose children are in the children of correctional institutions;

4) involve to fulfill expert and scientific and analytical work in the field of protection of the rights and legitimate interests of children, scientific and other organizations, as well as scientists and specialists, including on a contractual basis.

4. The leaders of either the person temporarily performing their responsibilities, other officials of the federal state authorities, the state authorities of the constituent entities of the Russian Federation, local governments, institutions and bodies that are penalties, educational and medical organizations, organizations providing social and other services to children And families with children are obliged to make an authorized authority.

5. Federal government bodies, state authorities of the constituent entities of the Russian Federation, local governments, institutions and authorities that are punished, educational and medical organizations, organizations that provide social and other services to children and families who have children are obliged to provide authorized within fifteen Days from the date of receipt of the request for the authorized information, documents and materials. The response to the request of the Commissioner is sent by the signature of an official who directly addressed the request, or a person temporarily performing his duties.

Article 7. Consideration of authorized appeals

1. The Commissioner considers the appeal of citizens (including minors), associations of citizens, organizations (hereinafter referred to as applicants), containing proposals, applications, complaints or information on issues related to the violation of the rights and legitimate interests of children, in the manner prescribed by the Federal Law of May 2, 2006 N 59-FZ "On the procedure for considering the appeals of citizens of the Russian Federation", this Federal Law, as well as in the manner approved by the Commissioner.

2. Appeals addressed to authorized persons who are in places of compulsory content cannot be viewed by administrations of enforcement places and for twenty-four hours are sent to the authorized.

3. The Commissioner considers essentially an appeal containing the proposal, a statement, a complaint or information on issues related to the violation of the rights and legitimate interests of children, or explains the applicant, what funds can be used to protect the rights and legitimate interests of children, or directs the appeal to the state authority , local self-government or official, whose authority refers to consideration.

4. On the results of the consideration of the appeal, the Commissioner notifies the applicant.

Article 8. Annual Report of the Commissioner

1. The Commissioner is accountable to the President of the Russian Federation. At the end of the calendar year, the Commissioner sends a report on the results of its activities to the President of the Russian Federation, comprising an assessment of respect for the rights and legitimate interests of children in the Russian Federation, as well as proposals for improving their legal status.

2. Annual reports of the Commissioner are subject to placement on the official website of the Ombudsman in the information and telecommunications network "Internet" and the official publication in the Russian Gazette.

Article 9. Interaction of authorized with state bodies, local governments and officials providing protection for the rights and legitimate interests of children

1. The Commissioner within its authority interacts with government agencies, local governments authorized on human rights in the Russian Federation authorized on the Rights of the Child in the constituent entities of the Russian Federation and other officials providing the protection of the rights and legitimate interests of children.

2. Commissioner in order to ensure the effective activities of the Commissioners for the Rights of the Child in the constituent entities of the Russian Federation:

1) carries out the coordination of the activities of the Commissioners for the Rights of the Child in the constituent entities of the Russian Federation, aimed at implementing a unified state policy in the field of ensuring and protecting the rights and legitimate interests of children;

2) provides an authorized legal, legal, information and other assistance within their powers in the constituent entities of the Russian Federation within their authority;

3) has the right to create as a consultative and advisory body. Coordination Council of Commissioners for the Rights of the Child.

Article 10. Public representatives. Expert, Advisory and other advisory bodies

1. The Commissioner has the right to appoint public representatives.

2. The Commissioner has the right to create expert, advisory and public councils, working groups and other advisory bodies operating on the public basis and attract officials of the public authorities of the state of the constituent of the Russian Federation, local government agencies to participate in their work. Representatives of public organizations.

Article 11. Place of constant location and financial support of the Commissioner

1. The place of constant location of the Commissioner is the city of Moscow.

2. Financial support for the Commissioner is carried out at the expense of the federal budget budget allocations.

Article 12. Responsibility for interfering in the activities of the Commissioner

Interference in the activities of the Commissioner to influence its decisions, failure to fulfill the officials of the legitimate requirements of the Commissioner and the prevenue of its activities in another form entail the responsibility established by the legislation of the Russian Federation.

Article 13. Commissioner for the Rights of the Child in the Subject of the Russian Federation

1. The law of the constituent entity of the Russian Federation may establish the position of the Commissioner for the Rights of the Child in the subject of the Russian Federation in order to ensure additional guarantees of the effective functioning of the mechanisms for the implementation, compliance and protection of the rights and legitimate interests of children by the authorities of the state of the constituent entity of the Russian Federation, local governments, educational and medical organizations , organizations providing social and other services to children and families with children and officials.

2. Position of the Commissioner for the Rights of the Child in the subject of the Russian Federation is the state position of the constituency of the Russian Federation.

3. The Commissioner for the Rights of the Child in the subject of the Russian Federation carries out its activities within the boundaries of the territory of the constituent entity of the Russian Federation.

4. The legal status, the main tasks and powers of the Commissioner for the Rights of the Child in the subject of the Russian Federation are established by the Law of the Directory of the Russian Federation, taking into account the provisions of this Federal Law.

5. The Commissioner for the Rights of the Child in the subject of the Russian Federation is appointed in the manner prescribed by the law of the constituent entity of the Russian Federation, in coordination with the Commissioner.

6. The early termination of the authority of the Commissioner for the Rights of the Child in the constituent entity of the Russian Federation is carried out in the manner prescribed by the law of the constituent entity of the Russian Federation, in coordination with the Commissioner.

7. Financial support for the activities of the Commissioner for the Rights of the Child in the subject of the Russian Federation is carried out at the expense of the budget allocations of the budget of the constituent entity of the Russian Federation.

Article 14. Powers of the Commissioner for the Rights of the Child in the Subject of the Russian Federation

1. Commissioner for the Rights of the Child in the Subject of the Russian Federation:

1) monitors and analyze the implementation, compliance and protection of the rights and legitimate interests of children in the territory of the constituent entity of the Russian Federation;

2) promotes the effective functioning of the state system to ensure the implementation, respect and protection of the rights and legitimate interests of children in the subject of the Russian Federation;

3) takes measures to prevent and curb the rights and legitimate interests of children within its powers.

2. At the end of the calendar year, the Commissioner for the Rights of the Child in the subject of the Russian Federation sends to the highest official of the subject of the Russian Federation (Head of the Supreme Executive Body of the State of the constituent entity of the Russian Federation), to the legislative (representative) authority of the state of the constituent entity of the Russian Federation and the Commissioner for its results Activities comprising an assessment of the rights and legitimate interests of children in the territory of the constituent entity of the Russian Federation, as well as proposals for improving their legal status.

3. The Commissioner for the Rights of the Child in the subject of the Russian Federation in the exercise of its activities is entitled to:

1) to request and receive from the territorial bodies of federal state bodies, the state authorities of the constituent entity of the Russian Federation, local governments and officials, the necessary information, documents and materials;

2) to visit the territorial bodies of federal state bodies, state authorities of the subject of the Russian Federation, local governments, educational and medical organizations, organizations that provide social and other services to children and families who have children located on the territory of the constituent entity of the Russian Federation;

3) attend institutions that are penalties, and investigative insulators, which contain minors, pregnant women and women whose children are in the children of correctional institutions;

4) to seek the court with administrative claims on the recognition of illegal decisions, actions (inaction) of state authorities of the subject of the Russian Federation, local governments, other bodies, organizations entitled to individual public or other public authority, officials, state or municipal employees in The protection of the rights and legitimate interests of children, if it believes that the contested decisions, actions (inaction) do not comply with the regulatory legal act of the Russian Federation, violate the rights and legitimate interests of children, create obstacles to the realization of their rights and legitimate interests or illegally assigned any responsibilities;

5) to send the subject of the Russian Federation and local government agencies to state authorities on the publication (adoption) of regulatory legal acts, amending the regulatory legal acts of changes aimed at ensuring the implementation and respect for the rights and legitimate interests of children, recognizing regulatory legal acts by invalid the strength or suspension of their action in cases where these acts violate the rights and legitimate interests of children;

6) to guide the highest official of the subject of the Russian Federation (head of the senior executive body of the state power of the constituent entity of the Russian Federation), motivated proposals for recognition of the actuator of the constituent force of the Russian Federation in cases where these acts violate the rights and legitimate interests of children;

7) independently or jointly with authorized government agencies and officials to verify the information set out in the appeal of the Commissioner for the Rights of the Child in the subject of the Russian Federation, which contains the complaint or other information on issues relating to the violation of the rights and legitimate interests of children;

8) Participate within their powers in the prevention of non-veneer prevention and offenses of minors in the manner prescribed by the legislation of the Russian Federation and (or) the legislation of the subject of the Russian Federation.

4. In addition to the rights provided for by Part 3 of this article, an authorized for the rights of the child in the subject of the Russian Federation, has other rights provided for by federal laws and laws of the constituent entity of the Russian Federation, including the right of urgent reception by leaders or persons temporarily executing their responsibilities, other officials territorial bodies of federal state bodies, state authorities of the subject of the Russian Federation, local governments, educational and medical organizations, organizations providing social and other services to children and families with children located on the territory of the constituent entity of the Russian Federation.

Article 15. Entry into force of this Federal Law

This federal law enters into force on the day of its official publication.

The president

Russian Federation

Moscow Kremlin

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