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Secondly, political opposition should beinvolved in order to elect a candidate, which a wide specter of political forces andcivil society agrees on;d.Parliamentarians should be making a decision of granting authority toombudsmen by a qualified majority;e.Requirements for a candidate should ensure professional operation inrelation to exercising values the institution was created to exercise.7.A conclusion was drawn, that reasonable requirements for anombudsman nominee are:a.Being a citizen of a respective country, as according to the law of allIbero-American countries an ombudsman has the right to unrestricted access togovernment bodies and organizations;b.Capacity to act;c.A scientific degree in jurisprudence, specifically in the human rightsprotection field;d.Not less than five years of practical operation in the human rightsprotection field.8.It has been determined, that apart from the aforementioned guarantees inregards to granting authority to an ombudsman, other guarantees of the ombudsman’sstatus are:a.Legislative security of autonomy of an ombudsman in their operation,prohibiting intrusion from government bodies into ombudsman’s investigations withthe intent to influence their decisions or to impede such investigations and conceal theresults;b.Granting an ombudsman authorities sufficient to realize their potential,including the authority to initiate the investigation, initiate remedy of amparo andhabeas data, as well as petition the constitutional court for verification ofconstitutionality of legislation acts, with the aim of protecting fundamental humanrights in countries where such procedures are provided for by the law.
Anotherguarantee of sufficiency of ombudsmen’s authorities is legislative prohibition oflimitations of human rights fields, in which ombudsmen may operate (i.e. Mexico,where an ombudsman cannot get involved with voting rights violations);c.Ensuring permanent operation of ombudsmen (concerning, among other,sufficient funding of an ombudsman’s office);d.Legal immunity of an ombudsman, i.e. special complex arrest procedure,as well as a special procedure for applying other coercive measures. An ombudsmanprotects citizens from violations of their human rights by public authority figures,including law enforcement officers. Publicly revealing such violations can cause anactively negative reaction and even countermeasures from the violators. Therefore,the threat of false accusations and thin criminal cases against ombudsmen is quitehigh.
Thereby it seems right to apply the same immunity rules to an ombudsman thatapply to parliamentarians, as established in the constitution and/or legislation.9.Given the experience in legal regulation of the institution of ombudsmenin Ibero-American countries, it seems reasonable to make the following amendmentsinto the Russian legislation in order to fulfil and enrich the humanitarian potential ofthe institution:a.Exclude the provision about the president of the Russian Federationhaving the authority to nominate an ombudsman from clause 1 of section 7 of FederalConstitutional law №1-ФКЗ as of 26 February 1997 “About the Human RightsCommissioner in the Russian Federation”, and design it the following way: “HumanRights Commissioner nominations can be put forward into the State Duma by theCouncil of Federation of the Federal Assembly of the Russian Federation, State DumaDeputies and deputy unions within the State Duma”.
This proposition is based in thefact that the involvement of the President in granting authority to the Human RightsCommissioner violates the legislative norm in clause “e” of part 1 of section 103 ofthe Constitution of the Russian Federation, which states that the appointment andrelieving of the Human Rights Commissioner duties, acting in accordance with thefederal constitutional law, is under the jurisdiction of the State Duma. The legislativeprovision regarding the authority of the President of the Russian Federation to appointthe Human Rights Commissioner unfoundedly broadens the President’s authority,since the Constitution of the Russian Federation does not provide for suchinvolvement;b.With the aim of providing the representatives of the civil society theability to take part in appointing an ombudsman at the stage of consulting the housesof parliament, it is reasonable to add clause 7.1 to section 7 of the FederalConstitutional Law №1-ФКЗ including the following provisions: “The stage ofnominating an ombudsman into the State Duma by the Council of Federation of theFederal Assembly of the Russian Federation, State Duma Deputies and deputy unionswithin the State Duma is preceded by consultation procedures with the representativesof the civil society with the goal of discussing nominees for the position of the HumanRights Commissioner in the Russian Federation”;c.Grant an ombudsman the authority of legislative initiative in the field ofhuman rights.
Therefore, it is reasonable to amend the part 1 of section 104 of theConstitution of the Russian Federation for it to state the following: “The authority oflegislative initiative is possessed by the President of the Russian Federation, membersof the Council of the Federation, State Duma deputies, the Government of the RussianFederation, bodies of legislative branch. Legislative initiative authority is alsopossessed by the Constitutional Court of the Russian Federation, the Supreme Courtof the Russian Federation and the Human Rights Commissioner in their field ofcompetence”.
Section 33.1 should be added to the Federal Constitutional Law №1ФКЗ with the following provision: “The Human Rights Commissioner possesses thelegislative initiative authority in their field of competence”.The practical value of the dissertation lies in the ability to use positiveexperiences in implementing of the institution of ombudsmen into legislative systemsof different countries with authoritarian traditions, as well as in taking into accountthe negative experiences in the development process of the aforementioned institutionin a variety of countries with the aim of improving Russian legislation in that fieldand enforcement of law practices, including operation of courts and Russianombudsmen themselves.Approbation of the research results.
Theoretical conclusions, practicalrecommendations and propositions in this dissertation were applied in the process ofteaching courses on public and constitutional law in Russia as part of getting thedoctoral degree.Approbation of research results was carried out while speaking at conferences,including international ones:XV International Conference of Young Scientists “Traditions andinnovations in the modern system of Russian jurisprudence”, taking place on 8-9April 2016 at Kutafin Moscow State Law University;XVI International Conference of Young Scientists “Traditions andinnovations in the modern system of Russian jurisprudence”, taking place on 6-7April 2017 at the Kutafin Moscow State Law University;XIII International scientific-practical conference “Kutafin Readings”“Modern Russian jurisprudence: interactions of science, law-making and practice”,held within the framework of the VII Moscow Jurisprudence Week on 21-23November 2017 at the Jurisprudence department of the Lomonosov Moscow StateUniversity at the Kutafin Moscow State Law University.Discussions on the issues in regulation of the institution of ombudsmen wereheld also during the UN Internet Governance Forum within workshops on theprotection of human rights, taking place in Guadalajara, Mexico.The main results of the research are reflected upon in the resume and otherscientific publications of the author.The structure of the dissertation.The dissertation is comprised of an introduction, two chapters comprised ofeight paragraphs, a conclusion and a reference list.GENERAL CONTENTS OF THE DISSERTATIONThe introduction is dedicated to explaining the relevance of the research topic,general aims of the dissertation, the degree of the degree of scientific development ofthe topic, identification of the object and subject of the research, methodological basisof the research, as well as establishing significant innovative provisions andconclusions submitted for defense, justifying the practical significance of the researchresults with approbation data and brief summary of the structure of the dissertation.The first chapter of the dissertation “General characteristics of theinstitution of ombudsmen in Ibero-American countries: history, distinct featuresand models” is attributed to researching the essence of an ombudsman as aninstitution of soft power and its mission.
It analyzes the process of establishing theinstitution of ombudsmen in European Iberian countries and the influence ofestablishment and constitutionalization of the aforementioned institution on the entireregion of Latin America, where this institution has emerged and developed with avariety of distinct features. This chapter also researches the sources of law regulatingthe status of ombudsmen in Ibero-American countries, with a conclusion drawn inregard to the influence of legislative regulation on the practical facilitation ofombudsmen’s operations.
The chapter also features the analysis of types ofombudsmen in Ibero-American countries and their distinct features.The first paragraph “An ombudsman in the system of institutions ofconstitutional law: definition, mission and features” of the first chapter of thedissertation reveals the definition of the institution of ombudsmen, identifies itsclassic model and different approaches to understanding the essence of the institution.It explains the notion of an ombudsman possessing soft power, the governmentalsignificance of which lies in satisfying the expanding need in establishing mutualunderstanding both between the government bodies, and between governmentofficials and the citizens; improving the understanding of the ethical standards ofexercise of power; stimulating cooperation and solidarity in dispute settlement tosimplify the procedure, which can lead to faster results.
The paragraph also concludesthat the existence of ombudsmen as an institution of soft power within thegovernment mechanism is explained by the government’s new attempt at cooperatingwith citizens in compliance with the constitutional principles. The paragraph containsthe analysis of reasons for the incidence of the institution of ombudsmen all over theworld.The second paragraph “Establishment and historical evolution of theinstitution of ombudsmen in Ibero-American countries” of the first chapter ofthe dissertation provides the research of distinctions in emergence and establishmentof the institution in Ibero-American countries.
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