Source: hro.org (info), 18/04/11

· The Courts  · Ombudsman


The Federal Human Rights Ombudsman will be given the right to contest the legality of any primary or secondary legislation issued by public authorities that, in his view, violates the rights of citizens

The amendments to the Civil Procedure Code have been drafted by the Ministry of Justice, Nezavisimaya gazeta reports. A draft of the bill has been published on the Ministry’s website, together with an explanatory document.

According to the Ministry’s proposal, besides the right to challenge legal acts, the Ombudsman will be given the power not only to defend the rights of individual citizens in court, as at present, but also to protect the interests of an undefined group of people. As stated in the draft bill, he will be able to use this option “in cases of mass or severe violations of human rights and freedoms or in cases of particular social significance.”

In addition, the Ministry of Justice also proposes giving the Human Rights Ombudsman the power to intervene in cases being considered at a court of first instance. As proposed by the Ministry of Justice, the Ombudsman will have the right to present to a court his own findings in a case, Lenta.ru reports.

After the amendments have been introduced into the Civil Procedure Code, the Ombudsman will be able to use a citizen’s individual complaint as the basis for an appeal to the courts, and not only against decisions made by the authorities, but also against their failure to act.

The activities of the Human Rights Ombudsman are regulated by constitutional law. The position of Ombudsman is currently held by Vladimir Lukin.