Commissioner for Human Rights in Russian Federation - an official appointed by the State Duma of the Federal Assembly of the Russian Federation, called upon to consider complaints from citizens of the Russian Federation and those located on the territory of the Russian Federation foreign citizens and stateless persons on decisions or actions (inaction) government agencies, organs local government, officials, civil servants. This institute is the first in Russian practice introduced by the Constitution of the Russian Federation (clause “e” of Part 1 of Article 103), which establishes that the Commissioner for Human Rights is appointed by the State Duma and acts in accordance with federal constitutional law. The Commissioner, when exercising his powers, is independent and not accountable to any government bodies or officials.

An institute of this type, existing in different countries world, is generally called the institution of ombudsman, although official names positions in different countries various.

In 2015-2016, a reform was carried out, as a result of which the existing regional Commissioners for Human Rights in Russia were actually subordinated to the Commissioner for Human Rights in the Russian Federation. Thus, a “vertical” of government human rights defenders was formed.

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✪ How does the Commissioner for Human Rights of the Russian Federation work?

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Already on March 10, 1995, the State Duma overturned the decision to appoint Kovalev. After him, there was no Commissioner for Human Rights in Russia for more than three years. At the end of December 1996, a federal constitutional law"On the Commissioner for Human Rights in the Russian Federation". Only on May 20, 1998, O. O. Mironov from the Communist Party of the Russian Federation faction was elected as the new Commissioner, receiving 340 votes from deputies. His successors (V.P. Lukin, E.A. Pamfilova and T.N. Moskalkova) became Commissioners on the proposal of Russian President V.V. Putin.

Activity goals

The effectiveness of the institution of the Commissioner

The annual reports of the Commissioner contain information on the number of complaints received and the results of consideration. The number of complaints and others received by the Ombudsman amounts to several tens of thousands per year. Some of them are rejected as unacceptable (in 2013, 7.8% of complaints were considered inadmissible). If, during the consideration of the complaint, it is considered that the applicant has not exhausted all legal remedies, then the procedure for appealing must be explained to the applicant. In 2013, 65.1% of those admitted to Complaints Commissioner An explanation of the appeal procedure was sent to the applicants and only 25.2% of all received complaints were accepted for consideration.

Commissioner and Constitutional Court

Since 1999, at the request of the Commissioner, the Constitutional Court has made 46 decisions: 1 in 1999, 1 in 2001, 1 in 2002, 2 in 2003, 5 in 2004, 4 in 2005, 6 in 2006, 2 in 2007 year, 2 in 2008, 5 in 2009, 3 in 2010, 6 in 2011, 3 in 2012, 1 in 2013, 3 in 2014. For comparison, in just 1999-2014 the Constitutional Court made 19,158 decisions. When Pamfilova became the Commissioner for Human Rights in 2014, this practice of sending complaints in the interests of applicants to the Constitutional Court for certain time stopped. Pamfilova did not withdraw the complaints that her predecessor Lukin managed to file in 2014 before his resignation. However, she did not file a single complaint with the Constitutional Court in 2014. In 2015, for the first time since 1999, the Constitutional Court did not make a single decision on complaints from the Commissioner for Human Rights in Russia. In 2015, Pamfilova sent three appeals to the Constitutional Court: two opinions at the request of the Constitutional Court and one complaint, the decision on which was made by the Constitutional Court of the Russian Federation in 2016.

Commissioner and Supreme Court of Russia

The Commissioner for Human Rights, in the interests of applicants, sometimes submits complaints and petitions against decisions to the Supreme Court of the Russian Federation lower courts in administrative, civil and criminal cases (including in support of a complaint already pending in the Supreme Court). For example, in 2013, the Supreme Court received (according to the official website of the court) 71 appeals from the Commissioner for Human Rights V.P. Lukin, including 37 appeals in criminal cases, 32 in civil cases, 2 for administrative matters. His successor appealed to the Supreme Court much less often - in 2015 she sent 49 appeals there.

Business hours

• On weekdays from 10:00 to 17:00.

Commissioners for Human Rights in the Russian Federation

Commissioners for human rights in the constituent entities of the Russian Federation (regional ombudsmen)

The position of the regional ombudsman as an independent human rights body appeared thanks to the Federation Council. On April 17, 1996, the State Duma of the Russian Federation adopted the federal constitutional law “On the Commissioner for Human Rights in the Russian Federation”. This law provided for the right of the Federal Commissioner to create his own regional representative offices. The Federation Council rejected this document, proposing to replace this right with the right of regional authorities to create positions of human rights ombudsmen in the subject of the Federation, to finance them from funds regional budgets. After approval, the State Duma approved new project law, which came into force in 1997. Article 5 of this law allowed regional authorities to introduce the position of Commissioner for Human Rights in a constituent entity of the Russian Federation. However, even before the appearance of this law, laws were adopted on regional Commissioners in Bashkiria and the Sverdlovsk region. The first Commissioner for Human Rights in a constituent entity of the Russian Federation appeared in 1996 in Bashkiria. Thus, the institution of a regional ombudsman in Russia, as an independent authority from the federal Commissioner, was created by the Federation Council.

The chronology of the appointment of the first regional Commissioners for Human Rights in 1996-2000 was as follows (the first Commissioner in the region appointed or elected to this position in that year is indicated in brackets):

• 1996 - Bashkiria (Ch. B. Gazitov);
• 1997 - Sverdlovsk region (V.V. Mashkov);
• 1998 - Smolensk region (V. N. Osin)
• 1999 - Saratov region (A. S. Lando) and Astrakhan region (V. N. Vinogradov);
• 2000 - Volgograd region (M. A. Tarantsov) and Tatarstan (R. G. Vagizov);

From these data it is clear that until 2001, the regional ombudsman remained a rare position - the vast majority of constituent entities of the Russian Federation were in no hurry to introduce this post. Since 2001, the mass introduction of ombudsman positions in Russian regions began. Thus, until 2016, Ombudsmen appeared in all regions of Russia, except for Tuva and the Chukotka Autonomous Okrug (in this region the Ombudsman appeared in 2016).

Although the position of regional Commissioner requires periodic re-election, in some Russian regions ombudsmen hold their posts for 3-4 terms. The oldest ombudsman (by tenure) is the Commissioner for Human Rights in Sverdlovsk region T. G. Merzlyakova, who has been in this position since 2001. Another example is the Commissioner for Human Rights in the Kemerovo Region N.A. Volkov, who has been in this position since June 27, 2001.

Notes

1. Vasilenko A.V., Chernykh V.M. Guarding human rights // Contemporary issues humanitarian and social sciences. - 2014. - No. 2. - P. 25.
2. Volkov N.A. Institute of Russian Commissioners for Human Rights: history and modernity // Bulletin of the Kuzbass Institute. - 2016. - No. 4 (29). - P. 137.
3. Levin A. A. Institute of the Commissioner for Human Rights in Russia and Kemerovo region// Bulletin of Kemerovo state university. - 2013. No. 4-1 (56). - P. 84.
4. Potapova A.I. Historical and legal aspects of the formation of the institution of the Commissioner for Human Rights in the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. - 2013. - No. 5. - P. 35.
5. Volkov N.A. Institute of Russian Commissioners for Human Rights: history and modernity // Bulletin of the Kuzbass Institute. - 2016. - No. 4 (29). - P. 137.
6. Levin A. A. Institute of the Commissioner for Human Rights in Russia and the Kemerovo Region // Bulletin of Kemerovo State University. - 2013. No. 4-1 (56). - P. 84.
7. Volkov N.A. Institute of Russian Commissioners for Human Rights: history and modernity // Bulletin of the Kuzbass Institute. - 2016. - No. 4 (29). - P. 137.
8. Volkov N.A. Institute of Russian Commissioners for Human Rights: history and modernity // Bulletin of the Kuzbass Institute. - 2016. - No. 4 (29). - P. 137.

Commissioner for Human Rights in the Russian Federation

Moskalkova Tatyana Nikolaevna

T.N. Moskalkova

Education: Graduated from the All-Union Correspondence Institute of Law in 1978, postgraduate studies at the Institute of State and Law of the USSR Academy of Sciences, and doctoral studies at the Academy of Management of the Ministry of Internal Affairs of Russia. Doctor legal sciences, doctor philosophical sciences, Professor.

She began her career in 1972, worked as an accountant of the Inyurkollegia, a clerk, a senior legal adviser, and a consultant to the Pardon Department of the Presidium. Supreme Council RSFSR.

She has served in the internal affairs bodies of the Russian Federation for more than 27 years, and has worked her way up from an ordinary assistant to the first deputy of the Legal Department of the Ministry of Internal Affairs of Russia. Honored Lawyer of the Russian Federation, retired police major general.

Since 2003 - member of the Council for Improving Justice under the President of the Russian Federation.

From 2007 to 2016, she was a deputy of the State Duma of the fifth and sixth convocations, deputy chairman of the Committee on CIS Affairs, Eurasian Integration and Relations with Compatriots, and a member of the Commission on Income and Expenditures.

By the nature of its activities, it develops laws and other legal acts aimed at protecting human rights and freedoms and fighting crime.

Member of the Expert Councils of the Ministry of Internal Affairs of Russia - on issues rule-making activities Ministry of Internal Affairs of Russia; State Duma Security Committee; Committee on Security and Defense of the Federation Council.

She has repeatedly acted as an international observer of elections in the CIS countries. She represented the Russian Federation in the Council of Europe and the OSCE. She has repeatedly participated in Russian-Belarusian forums.

Awarded the Order of Honor, named firearms, certificates of honor State Duma and Federation Council Federal Assembly, the Order of St. Olga of the Patriarch of Moscow and All Rus', and many departmental awards.

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Pamfilova Ella Alexandrovna

E.A. Pamfilova

Education:

In 1970 she graduated from high school with a gold medal. In the same year, she entered the Moscow Energy Institute, from which she graduated in 1976 with a degree in electronic engineering.

Professional activity:

After graduating from the institute, from 1976 to 1989 she worked at the Central Mechanical Repair Plant production association"Mosenergo" foreman, engineer, technologist, chairman of the plant's trade union committee.

In 1989 she was elected people's deputy of the USSR, since 1990 - deputy of the Supreme Soviet of the USSR, worked in the Committee of the Supreme Soviet of the USSR on environmental issues and rational use natural resources.

She was also a member of the Anti-Corruption Commission, and in 1990-1991 - secretary of the Commission on Privileges and Benefits.

From 1985 to 1990, Ella Pamfilova was a member of the CPSU. In 1990, she left the CPSU and has been non-party since then.

From November 1991 to February 1994 she worked as a minister social protection population of the Russian Federation. In mid-January 1994, she decided not to join the reorganized government of the Russian Federation and submitted her resignation, which was accepted on February 25, 1994.

In May 1994, by decree of the President of the Russian Federation, she was appointed Chairman of the Council for social policy under the President of the Russian Federation.

Since June 1993 - Chairman national council on the preparation and holding of the IV World Conference on Women

"Action for Equality, Development and Peace", which was held in Beijing in 1995.

From 1993 to 1999, Ella Pamfilova was a deputy of the State Duma of the Russian Federation of the first and second convocations. She worked in the Social Policy Committee. She was the initiator of the bill on limiting parliamentary immunity.

In the summer of 1995, she headed the Pamfilova-Gurov-Lysenko electoral bloc, for which over a million voters voted.

In the State Duma of the Russian Federation of the second convocation she was a member of the deputy group " Russian Regions", worked in the State Duma Committee on Security, where she dealt with problems social security, including the problem of preventing domestic violence, preventing and preventing child neglect and crime, drug addiction and alcoholism, and the formation of an active social policy.

Pamfilova also worked in the inter-factional group “Regions of Russia” and the State Duma Commission for promoting the moral and military-patriotic education of youth, increasing the level of culture of military personnel and employees law enforcement and security agencies.

In July 1996, she registered and headed the All-Russian social movement"For a healthy Russia." In the fall of 1998, on its basis, she created and led the movement “For Civic Dignity,” which coordinates the efforts of non-governmental organizations working in the interests of children. In the spring of 1999, this movement took part in events to create the socio-political bloc of Governor Konstantin Titov “Voice of Russia” and the bloc “All Russia”. However, the movement did not join any of these blocs and decided to independently participate in the upcoming elections in State Duma. Ella Pamfilova headed the federal list of the movement.

In December 1999, the movement “For Civic Dignity” did not overcome the five percent barrier and did not enter the State Duma of the third convocation.

On February 19, 2000, she was registered as a candidate for the post of President of the Russian Federation from the movement “For Civil Dignity”. 1.01% of voters voted for her.

On April 17, 2000, Ella Alexandrovna became a member of the Independent Public Commission for the Investigation of Crimes and the Protection of Human Rights in the North Caucasus. She made repeated trips throughout the territory Chechen Republic, including mountainous areas and the city of Grozny.

In April 2002, she was elected chairman of the All-Russian Union of Public Associations “Civil Society for the Children of Russia.” Ella Pamfilova was elected Chairman of the Union.

In July 2002, by Decree of the President of the Russian Federation, she was appointed to the post of Chairman of the Human Rights Commission under the President of the Russian Federation.

In November 2004, in connection with the reorganization of the Commission, by Decree of the President of the Russian Federation, Ella Pamfilova was appointed to the position of Chairman of the Council under the President of the Russian Federation for promoting the development of civil society institutions and human rights.

On July 30, 2010, it became known that Ella Pamfilova resigned from her post as chairman of the Russian Presidential Council for Promoting the Development of Civil Society Institutions and Human Rights.

Ella Pamfilova was awarded the Order of Merit for the Fatherland, IV degree, the medal of the Order of Merit for the Fatherland, I degree, the Order of the Holy Martyr Tryphon "For Labor and Benefit", the medal "For Merit to the Chechen Republic", the French Order of the Chevalier of the Legion of Honor, Diploma of the laureate of the National Prize named after. Peter the Great "For significant personal contribution to the development of civil society institutions and ensuring human rights in Russia" badge « Honorary worker Ministry of Labor of Russia", she was awarded the title of "Honorary Border Guard", etc.

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Lukin Vladimir Petrovich

V.P. Lukin

Date of appointment: February 13, 2004. Resolution of the State Duma of the Federal Assembly of the Russian Federation "On the appointment of Vladimir Petrovich Lukin to the post of Commissioner for Human Rights in the Russian Federation."

Proposal for the appointment of V.P. Lukin was introduced to the State Duma by the President of the Russian Federation V.V. Putin.

On February 18, 2009, by Resolution of the State Duma of the Federal Assembly of the Russian Federation, he was appointed to the post of Commissioner for Human Rights in the Russian Federation for a second five-year term.

Proposal for the appointment of V.P. Lukin was introduced to the State Duma by the President of the Russian Federation D.A. Medvedev.

Legal basis of activity: Federal constitutional law of February 26, 1997 N 1-FKZ “On the Commissioner for Human Rights in the Russian Federation”.

His parents were repressed a few days after his birth.

Education: Moscow State Pedagogical Institute named after. IN AND. Lenin, Faculty of History (1959). (Specialty – history).

Academic degree: Doctor historical sciences, Professor. Awarded the Order"Badge of honor".

Language knowledge: speaks English, French and Spanish.

Professional and political career: In 1959-60 worked as a researcher at the State Historical Museum of the USSR, in 1966-61. — Museum of the USSR Revolution. 1961-64 — postgraduate student at the Institute of World Economy and international relations(IMEMO) USSR Academy of Sciences. In 1964-65 Researcher at IMEMO. 1965-68 — senior referent of the Czechoslovak editorial office of the journal “Problems of Peace and Socialism” (Prague). 1968-87 Head of the Far Eastern Policy Sector at the Institute of the USA and Canada, USSR Academy of Sciences. 1987-89 -Head of the Department of the Office of the Pacific Rim and South-East Asia USSR Ministry of Foreign Affairs. 1989 - Deputy Head, Head of Department of the Assessment and Planning Directorate of the USSR Ministry of Foreign Affairs. In 1989-90 Head of the Analysis and Forecasting Group at the Secretariat of the USSR Armed Forces.

In 1990, he was elected people's deputy of the RSFSR for the 9th Podolsk national-territorial district (Moscow region), running in the election bloc " Democratic Russia" He was a member of the Constitutional Commission. In June 1990, he was elected chairman of the RSFSR Supreme Soviet Committee on Interstate Relations with former republics THE USSR. At the beginning of 1992, his committee initiated the raising of the question of the status of the Crimean peninsula. From February 1992 to September 1993 - Ambassador of the Russian Federation to the USA. Since May 1992, he has been a permanent observer of the Russian Federation at the Organization of American States (OAS). In 1991 he was Chairman of the Soviet National Committee on Asia-Pacific cooperation.

During the election campaign for the elections to the State Duma of the Russian Federation, he headed the electoral association “Yavlinsky - Boldyrev - Lukin”. After winning the elections, he became a member of the Yabloko faction and headed the Committee on International Affairs of the State Duma of the Russian Federation.

On December 17, 1995, he was elected deputy of the State Duma of the Federal Assembly of the Russian Federation of the second convocation. federal district, Apple list. In the State Duma of the 2nd convocation he was chairman of the State Duma Committee on International Affairs.

On December 19, 1999, he was elected to the State Duma of the Federal Assembly of the Russian Federation of the third convocation for the federal district, Yabloko list. In the State Duma of the 3rd convocation he was Vice-Speaker of the State Duma of the Federal Assembly of the Russian Federation.

Who was replaced as Commissioner: Mironov Oleg Orestovich (1998-2003)

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Mironov Oleg Orestovich

O.O. Mironov

Commissioner for Human Rights from 1998 to 2003.

Graduated from the Saratov Law Institute named after. D.I. Kursky in 1963, postgraduate studies at this institute in 1967,

Doctor of Law, Professor; full member of the Academy of Social Sciences.

Professional activity: After graduating from the institute, he worked as an investigator in the police of the cities of Pyatigorsk and Zheleznovodsk.

In 1965-1982. - assistant, teacher, associate professor, head of department state law Saratov Law Institute.

In 1982-1991 - professor, dean, head of department state building and law, vice-rector for scientific work of the Saratov Higher School of Law (now - Volga Academy Civil service); 1991-1993 - Professor of the Department of Constitutional Law at the Saratov Law Institute.

In 1993 and 1995, he was elected as a deputy of the State Duma of the Federal Assembly of the Russian Federation of the first and second convocations, was a member of the Communist Party faction, a member of the Committee on Legislation and Judicial Reform, and a deputy Parliamentary Assembly Union of Belarus and Russia, member of the Commission of the Interparliamentary Assembly of the CIS Member States on Legal Issues.

Since 1993 - member of the Central Executive Committee, since 1995 - member of the Central Committee of the Communist Party of the Russian Federation;

On May 22, 1998, as a result of a secret vote by the State Duma, he was appointed to the post of Commissioner for Human Rights in the Russian Federation, who was absent from the country after the early dismissal of the first Commissioner for Human Rights S.A. Kovalev March 10, 1995.

Honored Lawyer of the Russian Federation; published over 200 scientific works(monographs, articles, chapters in textbooks) on problems of constitutional law, theory of state and law, political science, among them monographs “Mechanism of action Soviet Constitution", "Right to defense", "Citizen of Russia. Historical and legal essay."

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The first Commissioner for Human Rights in Russia from January 17, 1994 to March 10, 1995.

Kovalev Sergey Adamovich

S.A. Kovalev

Born on March 2, 1930 in Ukraine, in the city of Seredina-Buda (according to other sources - Seredinabuda) Sumy region, in the family of a railway worker. In 1932, his family moved to Moscow.

In 1954, Kovalev graduated from the Faculty of Biology of Lomonosov Moscow State University. Until 1956, he worked at the university as a senior laboratory assistant, and in 1956-1959 he studied at the graduate school of the Department of Animal Physiology. In 1960, Kovalev took the position of junior researcher at Moscow State University, in 1961 - senior engineer, then junior researcher at the Institute of Biophysics of the USSR Academy of Sciences. In 1964, Kovalev defended his Ph.D. thesis and was appointed head of the department of the interfaculty laboratory mathematical methods in biology. In media reports about scientific activity Kovalev mentioned his specialization - a biophysicist, a specialist in the field of neural networks (according to other sources, a specialist in cell membranes). Over the years, Kovalev published more than 60 scientific papers.

In 1969, for political reasons, Kovalev was forced to leave Moscow State University. In 1970, he came to work at the Moscow Fish Breeding and Reclamation Station, where he took the position of senior researcher.

Back in the mid-1950s, Kovalev began to engage in social activities - he took part in the fight against the “Lysenko teachings”, which were later recognized as anti-scientific, and spoke in defense of genetics. Kovalev began acting as a human rights activist in 1967. In 1968, he joined the movement for the defense of human rights in the USSR, and in May 1969 he became a member of the Initiative Group for the Defense of Human Rights in the USSR. Since 1971, Kovalev has been one of the leading contributors to the typewritten newsletter of human rights activists, Chronicle of Current Events.

On December 28, 1974, Kovalev was arrested. He was accused of anti-Soviet agitation and propaganda and in December 1975 he was sentenced to seven years in the camps strict regime and three years of exile. Kovalev served his sentence in the Skalninsky (Perm) camps and in the Chistopol prison; was sent into exile to Kolyma. According to other sources, for his cooperation in the Chronicles of Current Events, Kovalev was sentenced to camp exile in Siberia, where he remained until 1984.

After serving his term of exile, Kovalev settled in the city of Kalinin (Tver), and received permission to enter Moscow in 1987. After returning to the capital, the human rights activist returned to public activities: he became co-chairman of the human rights project group of the International Fund for the Survival and Development of Humankind, joined the organizing committee of the International Humanitarian Seminar (December 1987), participated in the creation of the Glasnost press club, and in the founding congress Memorial Society (in 1990 he became one of its co-chairmen). In 1989, Kovalev was appointed co-chairman on the Soviet side Project group for Human Rights at the International Fund for the Survival and Development of Humankind (later - the Russian-American Group for Human Rights). He was recommended for this post by another famous human rights activist, academician Andrei Sakharov. At the same time, Kovalev joined the Moscow Helsinki Group.

In 1990, Kovalev appeared in media reports as a participant in the " Civil action", member of the organizing committee of the movement "Democratic Russia". As a member of the Democratic Russia electoral bloc, Kovalev took part in the elections and became a deputy of the Congress people's deputies Russia, after which he joined the Presidium of the Supreme Council of the Russian Federation and was elected Chairman of the Human Rights Committee of the Supreme Council. Was one of the authors Russian Declaration human and civil rights (January 1991), and also played a leading role in the development of Chapter 2 (“Rights and freedoms of man and citizen”) of the Russian Constitution and a number of federal laws, touching on human rights issues - “On the rehabilitation of victims of political repression” (1991), “On state of emergency"(1991), "About Refugees" and "About forced migrants"(1993), .

In February 1993, Kovalev became a member of the Presidential Council, and in September of the same year he was appointed chairman of the Human Rights Commission under Russian President Boris Yeltsin.

In 1993, Kovalev accepted Active participation in creating the movement, and then the party “Choice of Russia” (later - “Democratic Choice of Russia”) and subsequently became a member of the political council of the Far Eastern Republic. In December 1993, Kovalev as a representative electoral association"Russia's Choice" was elected as a deputy of the State Duma of the Russian Federation of the first convocation from the 192nd Warsaw district of Moscow, and in January 1994 he became Russia's first commissioner for human rights. In March 1995, Kovalev was removed from this post by State Duma deputies. In December 1995, he was elected to the State Duma of the second convocation.

In 1994-1996, Kovalev sharply criticized the actions Russian authorities in Chechnya. From the first days of the war in the republic, he worked in the combat area. Headed the Mission of the Commissioner for Human Rights in the North Caucasus (later - the Mission public organizations under the leadership of S.A. Kovalev), created with the support of the Memorial society and a number of other public organizations. Some media reports noted that the deputy and his associates played a decisive role in rescuing hostages in Budennovsk in June 1995 (Shamil Basayev, the leader of the militants who seized more than a thousand people in the city hospital, announced then that he was ready to negotiate only with Kovalev). In 1995 (even before Budenovsk) Kovalev became a holder of the Big Star of the Order of “Knight of Honor” of the Chechen Republic of Ichkeria (the human rights activist refused to receive the award until the end Chechen war and accepted the order only in January 1997).

In January 1996, Kovalev resigned as chairman of the Human Rights Commission, saying that he was doing so in protest against Boris Nikolayevich Yeltsin’s “final retreat from the policy of democratic reforms.” He wrote to Yeltsin open letter, in which he emphasized that the president’s policies led “to numerous and gross violations of human rights in Russia and to the unleashing of civil war in the North Caucasus, during which several tens of thousands of people died."

In December 1996, Kovalev headed the public Institute of Human Rights.

In 1999, Kovalev was elected to the State Duma on the SPS list. In 2003, Kovalev took part in the elections as a candidate from Yabloko, but did not get into the Duma (the party was unable to overcome the five percent barrier).

In the fall of 2006, Kovalev became a member of the Yabloko party and headed the human rights direction of its activities. In December 2006, Kovalev was elected chairman of the Memorial Society.

In September 2007, the Yabloko congress approved Kovalev as number two on the party’s electoral list to participate in the upcoming elections to the State Duma. However, Kovalev himself was skeptical about Yabloko’s prospects of overcoming the 7 percent barrier and entering parliament. In particular, he noted: “if the Kremlin... imitates parliamentarism in our country more subtly than before, then these 7 percent are achievable.”

Social activity Since 1994, Kovalev has caused conflicting assessments in society: some respected him for his integrity, others considered him an idealist, and still others viewed him as a traitor national interests.

Kovalev is a laureate of more than a dozen international awards. His awards include the International League of Human Rights Award, the Democracy Award, the Council of Europe Award, and the Homo Homini Award of the Czech Humanitarian Foundation "Man in Need" for exceptional actions in defending human rights and active resistance against violence in solving political problems (1995), Bruno Kreiski Prize, Golden Paragraph Prize from the Polish magazine Pravo i Zhiche, Theodor Hacker Prize for activities in defense of human rights and democracy in Russia, as well as for the fight against the war in Chechnya , Nuremberg Human Rights Prize (1996), Norwegian Helsinki Committee Human Rights Prize, American Award human rights organization Freedom House, Council of Europe Human Rights Award (1995), International League of Human Rights Award (1996) and Kennedy Award (2000).

Kovalev - honorable Sir Krakova, honorary doctor of medicine from the Kaunas Academy of Biomedical Sciences, honorary doctor of science in human rights from the University of Essex.

Among Kovalev's hobbies, hunting was mentioned in the press.

Kovalev is married for the second time to Lyudmila Boytsova. He has three children: a son from his first marriage, Ivan, and daughters, Maria and Varvara. Kovalev's children live in the USA.

Used materials

Artem Ilyinsky. Party of disappointed hopes. - New policy, 18.09.2007

Igor Romanov. Yabloko: without tycoons and oligarchs. - Independent newspaper, 17.09.2007

Yabloko has approved the final lists of its candidates. - RIA Elections, 09/16/2007

Sergey Butman. Power. Elections. Prospects. - Echo of Moscow, 03/02/2007

Reporting and re-election conferences of the Memorial Society. - Memorial (memo.ru), 12/17/2006

Elena Reikina. “Apple” has grown a fifth finger. - Gazeta.Ru, 09.29.2006

Kovalev Sergey Adamovich. - RIA Novosti, 12/25/2003

Dmitry Kamyshev. Who signed up as a candidate. - Power, 10/13/2003. - No. 40 (543)

Igor Svinarenko. Seasoned little man. - Gazeta.Ru, 03/02/2000

Appendix to the Central Election Resolution of December 29, 1999 N 65/764-3 List of elected deputies of the State Duma of the Federal For the federal electoral district. - Russian newspaper, 31.12.1999

Sergei Kovalev holder of the Order of the Knight of Honor of Ichkeria. - Profile, 02/11/1997. - No. 5

Sergei Kovalev left the president. - Nezavisimaya Gazeta, 01/25/1996. - 015

Elena Chernobrovkina. Well, who did the electorate follow? - Evening Kazan, 12/18/1995

Yu. Byaly. Defeatism syndrome. - Tomorrow, 07/15/1995. - No. 28

The truce has been going on in Budenovsk for 9 hours. - RTR, Vesti, 06/17/1995

Sergei Kovalev became a holder of the Grand Star of the Order of KNIGHT OF HONOR of the Chechen Republic. - Radio Russia, 06/08/1995

Ivan Rodin. Sergei Kovalev is effectively fired. - Nezavisimaya Gazeta, 03/11/1995. - No. 043

For many years, the Iron Curtain reliably hid from the scrutiny of the world community almost everything that happened on one sixth of the planet... - ORT, 11/24/1994

Chairman of the Human Rights Commission under the President of the Russian Federation, State Duma deputy Sergei Kovalev was appointed Commissioner for Human Rights. - Izvestia, 01/22/1994. - No. 13

List of deputies of the State Duma of the Federal Assembly of the Russian Federation elected in single-mandate electoral districts. - Russian newspaper, 12/28/1993

Yeltsin signed decrees on the formation of the Commission for Legislative Proposals. - ORT, News, 09/26/1993

Conversation with a member of the Presidium of the RF Armed Forces, Chairman of the RF Armed Forces Committee on Human Rights Sergei Adamovich Kovalev. Hosted by Alexey Venediktov. - Echo of Moscow, 02.11.1992

Appeal from the organizing committee for the creation of the “Democratic Russia” movement. - Ogonyok, 09/15/1990. - No. 38

Declaration of the “Civic Action” movement." - Ogonyok, 02/17/1990. - No. 8

Chronicle of current events. In prisons and camps. - Anthology of samizdat, 03/16/1977. - No. 44

Biography of Sergei Kovalev. - Institute of Human Rights (hrights.ru)

About the institute. - Institute of Human Rights (hrights.ru)

Kovalev Sergey Adamovich. - IIC Panorama. - http://b6.narod.ru/inde.html

For the position of Commissioner, in accordance with Art. 6 of the Law on the Commissioner for Human Rights, a person is appointed who is a citizen of the Russian Federation, at least 35 years old, who has knowledge in the field of human and civil rights and freedoms, as well as experience in their protection. According to the Constitution, appointment to this position and dismissal from it relates to exclusive competence State Duma, however, the highest status stipulates the participation of other entities in this process. Thus, proposals for candidates for the position of Commissioner may be made by the President of the Russian Federation, the Federation Council, deputies and deputy associations of the State Duma. In this case, each candidate is included in the list for secret voting by two-thirds of the votes of total number deputies of the State Duma. The Duma adopts a resolution on the appointment of the Commissioner, which is adopted by secret ballot by a majority vote of the total number of deputies, no later than 30 days from the date of expiration of the term of office of the previous Commissioner.

Upon taking office, the Commissioner takes an oath in which he swears to protect the rights and freedoms of man and citizen, to conscientiously fulfill his duties, guided by the Constitution, legislation of the Russian Federation, justice and the voice of conscience. This oath is taken at a meeting of the State Duma immediately after appointment and from that moment the Commissioner is considered to have taken office.

The Commissioner is appointed for a period of five years, his powers terminate from the moment the newly appointed Commissioner takes the oath. The expiration of the term of office, as well as the dissolution of the State Duma, do not entail the termination of the powers of the Commissioner. The same person cannot be appointed to this position for more than two consecutive terms.

In Art. 13 of the Law on the Commissioner for Human Rights establishes the grounds for early dismissal from office. These include: violation of restrictions on the activities of the Commissioner (Article 11); entry into legal force conviction court proceedings against him; inability for health reasons or other reasons to perform their duties for a long time (at least four months in a row); if he submits an application for resignation.

In Art. 11 of the Law on the Commissioner for Human Rights sets out some restrictions for the Commissioner. He cannot be a deputy of the State Duma, a member of the Federation Council or a deputy legislature subject of the Russian Federation; have citizenship foreign country or a residence permit or other document confirming the right to permanent residence a citizen of the Russian Federation on the territory of a foreign state; be on public service; engage in other paid or unpaid activities, with the exception of teaching, scientific or other creative activities; has no right to engage in political activities or be a member political party or other public association, pursuing political goals. The Commissioner is obliged to report, in the manner prescribed by the decrees of the President of the Russian Federation, the emergence of personal interest in the performance of official duties, which leads or may lead to a conflict of interest, as well as take measures to prevent or resolve such a conflict.

Legal guarantees of his activities are: possession of immunity during his term of office; without the consent of the State Duma, he cannot be brought to criminal or administrative responsibility, imposed in judicial procedure; detained, arrested, searched, except in cases where this is provided for by federal law to ensure the safety of other persons. Immunity extends to his residential and office space, luggage, personal and official vehicles, correspondence, means of communication, documents belonging to him. If the Commissioner is detained at the scene of a crime, the official who made the arrest immediately notifies the State Duma, which within 24 hours must decide on giving consent to the further use of this procedural measure.

Competence of the Commissioner. In the activities of the Commissioner, the leading role belongs to the work with citizens’ complaints about violations of human and civil rights and freedoms. It must be emphasized that such complaints can come not only from citizens of the Russian Federation, but also from foreign citizens and stateless persons located on the territory of the Russian Federation.

The Law on the Commissioner for Human Rights establishes the conditions under which a complaint can be accepted for consideration by the Commissioner. Thus, a complaint against decisions or actions (inaction) of state bodies, local government bodies, officials, civil servants can only be considered if the applicant has previously appealed this in court or administrative procedure, but does not agree with the decisions taken on his complaint. The Commissioner does not consider complaints against decisions of the chambers of the Federal Assembly of the Russian Federation and legislative (representative) bodies state power subjects of the Russian Federation. Filing a complaint in a constituent entity of the Russian Federation is not a basis for refusing to accept a similar complaint for consideration by the Commissioner.

The complaint must be filed no later than one year from the day the applicant’s rights and freedoms were violated or from the day the applicant became aware of their violation. The complaint must contain information about the applicant, a statement of the nature of the violations of his morality and be accompanied by a copy of the decisions on his complaint. Complaints are not taxed state duty in accordance with the legislation of the Russian Federation on taxes and fees. If a complaint is filed by persons in places of forced detention, they are not subject to review by the administration and are sent to the Commissioner within 24 hours. If there is information about massive or gross violations of rights and freedoms or in cases of special public importance or related to the need to protect the interests of persons who are unable to independently carry out their legal protection, The Commissioner has the right to take measures to own initiative within the limits of its competence.

The Law on the Commissioner for Human Rights establishes the forms of response of the Commissioner to received complaints: accept the complaint for consideration; explain to the applicant the means to protect his rights and freedoms; transfer the complaint to the relevant body or official whose competence includes resolving the complaint on the merits; refuse with reason to accept the complaint for consideration.

When conducting an inspection of a complaint, the Commissioner uses a wide range of rights. He has the right to turn to the competent government bodies or officials for assistance in checking the circumstances to be clarified, and also to send a request to the Commissioner for Human Rights in the constituent entity of the Russian Federation. This check cannot be entrusted to the entity whose actions or decisions are being appealed. He can also:

• - freely visit enterprises, institutions and organizations, regardless of organizational and legal forms of ownership, military units, public associations;
• - request and receive from state authorities and local governments, officials and civil servants information, documents and materials necessary to consider the complaint;
• - receive explanations from officials and civil servants, excluding judges, on issues to be clarified during the consideration of the complaint;
• - carry out independently or jointly with competent authorities and officials an inspection of the activities of state bodies and local self-government and officials;
• - entrust the competent authorities with conducting expert studies and preparing opinions on issues to be clarified;
• - get acquainted with criminal, civil, administrative matters and matters about administrative offenses, decisions (sentences) on which entered into legal force, with discontinued cases and materials on which the initiation of criminal cases was refused;
• - enjoy the right of immediate reception by heads and officials of state bodies, local government, enterprises and institutions, commanding officers of the Armed Forces and other troops, administration of places of forced detention.

Based on the results of the review, the Commissioner notifies the applicant. The authorized person also has the right:

go to court with administrative statement of claim(claim) in defense of the rights and freedoms (including an unlimited number of persons) violated by decisions or actions (inaction) of a government body, local government body, other body, organization vested with individual state or other public powers, official, state or municipal employee, as well as personally or through a representative to participate in the process in established by law forms;

• - contact competent authorities with a request to initiate criminal, administrative or disciplinary proceedings in relation to the relevant official;
• - apply to the court or prosecutor's office with a request to verify a decision, court verdict, ruling or ruling of a court (judge) that has entered into legal force;
• - present your arguments to an official who has the right to lodge protests and be present at judicial review cases in the order of supervision;
• - contact Constitutional Court RF with a complaint about violation constitutional rights and freedoms of citizens by the law applied or to be applied in a particular case.

Based on the results of studying and analyzing information about violations of rights and freedoms, the Commissioner sends his comments and suggestions to the relevant bodies and officials; addresses subjects of the law of legislative initiative with proposals for improving legislation. In cases gross violation rights and freedoms, he has the right to make a report at a meeting of the State Duma; apply to the Duma with a proposal to create a parliamentary commission of inquiry, as well as to hold parliamentary hearings on violations of rights and freedoms.

At the end calendar year The Commissioner sends a report on his activities to the President of the Russian Federation, the Federation Council and the State Duma, the Government of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and To the Prosecutor General RF. By individual issues he can send special reports to the State Duma.

To ensure the activities of the Commissioner, a working apparatus is created, the structure of which and its regulations are approved by the Commissioner, who directly supervises his work. Under the Commissioner, for the purpose of providing advisory assistance, a expert advice from persons who have the necessary knowledge in the field of human and civil rights and freedoms.

64. Commissioner for Human Rights in the Russian Federation: concept, legal status,

competence.

Constitution of the Russian Federation, Federal Law “On the Commissioner for Human Rights”

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

The activities of the Commissioner complement the existing means of protecting the rights and freedoms of citizens.

A person who is a citizen of the Russian Federation, at least 35 years old, who has knowledge in the field of human and civil rights and freedoms, as well as experience in their protection, can be appointed to the position of Commissioner.

The Commissioner is appointed to office and dismissed from office by a majority vote of the total number of deputies of the State Duma by secret ballot.

The Commissioner is appointed to the position for a period of 5 years, counting from the moment of taking the oath.

His powers terminate from the moment the newly appointed Commissioner takes the oath.

The same person cannot be appointed to the position of Commissioner for more than two consecutive terms.

A number of restrictions are imposed on the Commissioner for Human Rights; he cannot be a deputy of the State Duma, a member of the Federation Council or a deputy of the legislative (representative) body of a constituent entity of the Russian Federation, be in the public service, or engage in other paid or unpaid activities, with the exception of teaching, scientific or other creative activities. activities; does not have the right to engage in political activities, be a member of a political party or other public association pursuing political goals.

The Commissioner, when exercising his powers, is independent and not accountable to any government bodies or officials.

The Commissioner enjoys immunity throughout the entire term of his powers; for example, he cannot be brought to criminal or administrative liability imposed in court without the consent of the State Duma.

The Commissioner may be released from office early in cases provided for by law.

The competence of the Human Rights Commissioner includes: consideration of complaints from citizens of the Russian Federation and foreign citizens and stateless persons located on the territory of the Russian Federation against decisions or actions (inaction) of State bodies (with the exception of the chambers of the Federal Assembly and legislative bodies of the constituent entities of the Russian Federation), local government bodies, officials, civil servants, if the applicant previously appealed against them in court or administrative procedure, but does not agree with the decisions taken on his complaint.

The complaint must be filed no later than one year from the day the applicant’s rights and freedoms were violated or from the day the applicant became aware of their violation.

Having received a complaint, the Commissioner has the right:

1) accept the complaint for consideration;

2) explain to the applicant the means that he has the right to use to protect his rights and freedoms;

3) transfer the complaint to a state body, local government body or official whose competence includes resolving the complaint on its merits;

4) refuse to accept the complaint for consideration.

The Commissioner notifies the applicant of the decision within ten days.

When conducting an inspection, the Commissioner, in particular, has the right:

Freely visit all government bodies, local governments, enterprises, institutions, organizations, public associations;

Request necessary information, documents and materials;

Receive explanations from officials and civil servants (except judges);

Conduct independently or with competent government bodies or officials an inspection of the activities of government bodies, local governments and officials.

The Commissioner is obliged to notify the applicant of the results of the consideration of the complaint.

The Commissioner is obliged to send his conclusion to the relevant state body, local government body or official, containing recommendations regarding possible and necessary measures to restore the violated rights and freedoms of citizens.

Based on the results of consideration of the complaint, the Commissioner has the right:

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

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

3 apply to the court or prosecutor's office with a request to verify a decision, court sentence, ruling or order of a court or a judge's decision that has entered into legal force;

4 to be present at the judicial hearing of the case as a supervisor;

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

At the end of the calendar year, the Commissioner sends a report on his activities to the President of the Russian Federation, the chambers of the Federal Assembly, the Government of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and the Prosecutor General of the Russian Federation.

Office of the Commissioner for Human Rights in the Russian Federation formed under the influence of European tradition. It is worth saying that this institution functions today in many countries. Its peculiarity is that, on the one hand, it is located between civil society and power, and on the other hand, acts as a social agent. Let's consider further activities of the Commissioner for Human Rights in the Russian Federation.

General information

Position of Commissioner for Human Rights in the Russian Federation provided for by the Constitution. It is approved by Article 103. The purpose of its establishment is to provide guarantees for the protection of freedoms, rights of citizens, their observance by government agencies and structures local authorities and their employees. Appointment to a post and dismissal from it are carried out by the State Duma. However, it has been established that the Commissioner for the Protection of Human Rights of the Russian Federation is not accountable to any authorities and is an independent official.

Main features

Commissioner for Human Rights under the President of the Russian Federation:

1. Belongs to the representative branch of government and at the same time to public institutions.
2. Has state-social status.
3. Independent.
4. Implements advisory control functions by supervising decisions and actions executive bodies and employees.
5. Ensures the protection of citizens' interests.

Specifics of purpose

Proposals for candidates for the position of ombudsman are submitted to the State Duma within a month before the end of the term of office of the current official. Appointment to a post and dismissal from it are carried out by secret ballot of deputies. The State Duma does not adopt a corresponding resolution later than a month from the date of expiration of the term of office of the current Ombudsman. Each candidate is included in the voting list by 2/3 of the votes of deputies. When taking office immediately after appointment at a meeting of the State Duma, the ombudsman takes the oath. The term of office of an official is 5 years. The Ombudsman cannot be appointed to the post more than twice in a row. The powers of the official terminate when the newly elected citizen takes the oath of office.

Key tasks

The work of the Ombudsman is aimed at:

1. Restoration of violated rights.
2. Improving legislation related to ensuring the protection of interests and freedoms of citizens, bringing it into line with international standards and principles.
3. Development of cooperation with foreign institutions.
4. Legal education of the population about the forms and methods of protecting rights.

Functions

Ombudsman:

1. Considers complaints about inactions/actions of government agencies, local structures authorities, civil servants and other officials.
2. Study and analyze information about violations of interests and infringement of citizens' freedoms.
3. Summarizes the results of consideration of applications.
4. Gives a report at a meeting of the State Duma in case of rude or mass violation freedoms and rights of citizens.
5. Applies to the lower house of parliament with a proposal to create a commission on facts of violation of the interests of the population and conduct hearings. In addition, the ombudsman independently or through a representative takes part in the proceedings.
6. Interacts with public supervisory boards and commissions created in the regions to assist in the implementation of state policy in the field of ensuring the rights and interests of citizens in places of serving sentences.

Nuances

Complaint to the Commissioner for Human Rights in the Russian Federation will be considered only if the citizen has previously challenged decisions of government agencies, territorial institutions of self-government, civil servants, officials in an administrative or judicial manner, but does not agree with the decisions made. Applications for acts of the chambers of the Federal Assembly and representative regional government structures are not examined.

Rights of the Commissioner for Human Rights in the Russian Federation

They are provided for in Article 20 of the Federal Law, which regulates the work of the Ombudsman. According to the norm, the rights of the Commissioner for Human Rights in the Russian Federation include:

1. Consideration of applications received from citizens.
2. Explain to individuals the means they can use to restore their interests and freedoms.
3. Transfer of the complaint to a government agency, local government structure, civil servant, official whose competence is to resolve the issue on its merits. It is worth saying that in many cases such redirection is more effective than sending an application by the citizen himself.

The Commissioner may refuse to consider the complaint. Such a decision cannot be challenged, but must be motivated. If the complaint is accepted for consideration, the Commissioner is obliged to notify the body or employee with whose actions the applicant does not agree.

Generalization and analysis of information about violations of interests and freedoms of citizens

Within the framework of this direction, the rights of the Commissioner for Human Rights in the Russian Federation include:

1. Sending proposals and comments to government agencies, local government institutions, and civil servants general. They should relate to issues of ensuring the protection of the interests and freedoms of citizens and improving administrative procedures.
2. Appeal to subjects with legislative initiative with proposals for additions/changes to federal laws and regulations regional level or about filling gaps in them.

Additionally

The legislation provides for the obligation of the Ombudsman to represent annual reports about your work. They are published in the press and sent to higher authorities authorities - the Head of the country, the State Duma and the Federation Council, the Constitutional Court, the Supreme Arbitration Court, the Supreme Court, the Prosecutor General's Office, the Government. The rights of the Commissioner for Human Rights in the Russian Federation also include the ability to submit special reports on special issues.

Prohibitions

The Ombudsman has no right to be a State Duma deputy, a member of the Federation Council, or an official of a regional representative body. He is prohibited from being in the civil service or from carrying out other unpaid or paid activities, except for scientific, creative, and teaching. The Commissioner cannot have citizenship foreign country, residence permit or other document that confirms his right to permanently reside abroad. The Ombudsman is prohibited from being a member of parties or other associations pursuing political goals. The Commissioner is ordered to cease his activities, if they are incompatible with the post he holds, no later than 2 weeks from the date of taking office. IN otherwise a new ombudsman will be appointed.

Early release

The legislation provides for the conditions under which the ombudsman is removed from office before the end of his term of office. Early release allowed:

1. In case of violation of the requirements of Art. 11 of the Federal Law, which regulates the work of an official.
2. Upon entry into force of a court verdict in which the ombudsman is found guilty of a crime.

The State Duma may terminate the powers of a person due to the inability to continue activities for health reasons or for other reasons for at least 4 months. contract. The Ombudsman may be removed from office early and at will. To do this, he submits a corresponding application.

Commissioner for Human Rights in the Subjects of the Russian Federation

On April 17, 2015, a law came into force according to which, on federal level the procedure for appointment, work, responsibilities, and competence of regional ombudsmen is established. IN normative act Requirements for candidates for this post are also established. Previously, each subject independently issued laws regarding the work of the commissioner. As a result, in different regions The scope of ombudsmen's responsibilities and capabilities varied significantly. With the adoption of the law, a general set of powers was established at the federal level. But at the same time, the procedure for working “on the ground”, the rules for citizens to contact ombudsmen and other details of the work are within the competence of the regional authorities. Appointment to the post of Commissioner is under the authority of representative bodies. The highest official of the region, deputies, and local government institutions can make a proposal for a candidacy. This right is also vested in human rights structures and other organizations (public chambers and councils, etc.). In his work, the regional ombudsman is independent of government agencies and employees.

Competence

The main task of the regional ombudsman is to consider appeals from citizens, foreigners and persons who are not nationals of any country located on the territory of Russia. The subject of statements is not limited to the law. Complaints may raise issues related to the work of medical institutions, housing and communal services, legal proceedings, violations of environmental, political and other rights. Previously, the competence of ombudsmen was regulated exclusively regional laws. Currently, the rights of commissioners have been significantly expanded. When considering statements from citizens regarding actions/inactions and decisions of government agencies and federal structures, ombudsmen can:

1. Feel free to visit them.
2. Request and receive information, materials and documents necessary to consider appeals on the merits.
3. Demand explanations from officials on the issues raised in complaints.
4. Carry out inspections of the work of bodies independently or jointly with other government agencies, employees and officials.

In addition, administrations of places of detention of convicted persons are obliged to ensure prompt reception of authorized persons. The management of these institutions is now unable to verify prisoners’ appeals to the ombudsman. In this case, the administration is obliged to send a complaint to the commissioner within 24 hours. The Ombudsman may speak with a prisoner or convict in private under conditions that allow the institution's management to see but not hear them.