Our life is a complex mechanism of interaction both between individuals and between different organizations. Each area of activity is regulated by certain legal acts and laws. Unfortunately, situations often arise in which a person cannot solve his problem by contacting the authorities. Disagreements arise, and often the legal rights of a citizen are violated. In such a situation it is difficult to figure it out on your own, in addition, the authorities often do not recognize their mistakes and obvious violations. This problem led to the emergence of the position of "independent ombudsman." Who is this and what powers does this person exercise? We will try to figure it out in detail.
Right to justice
It is difficult to imagine a legal society in which a person does not have the opportunity to challenge the decision of the authorities or ask for help from an outside observer. For these purposes, the position of Ombudsman was introduced. An independent fair “judge” is called upon to resolve conflict situations between a group of persons, as well as between an individual and authorities. He can protect human rights, monitor the observance of the legality of certain measures in relation to physical or legal members of society. The Commissioner carries out his activities in such a way as to be able to track and eliminate errors in the work of authorities.
Judge or lawyer?
The activities of the Ombudsman are still mysterious for many people. How can he help and what tools does he use for protection? This position provides for a fairly broad scope. First of all, a professional "assistant" is ready to consider the application of any citizen and answer it. A number of measures are being taken to establish the circumstances of the violation of the rights of the applicant. The Ombudsman has the right to request clarification from the authorities. Based on the material received, he explores the legal aspect of the problem. Remember that this position provides for the impartiality and confidentiality of customers!
The Commissioner is obliged to submit a report on the violation of legal rights and may demand their immediate restoration. The Ombudsman is ready not only to support well-grounded complaints, but also to participate in legal proceedings, acting as an independent expert or even initiator of claims. However, no one has the right to force him to testify in any process. He is able to offer his client several ways to resolve the conflict, while not forcing certain actions.
Ombudsman - who is it? This is not a lawyer and, of course, not a judge. This official is a third party in any conflict where your legal rights are violated.
How it works
In many countries, the Commissioner for Human Rights effectively addresses issues in various areas of life. For example, the European Ombudsman is engaged in the consideration and adoption of legal measures in the event of a dispute between private individuals and EU bodies. The Commissioner is called upon to protect human rights and regulate administrative matters at the highest level.
In our country, this institution is quite young, but has already achieved some success. A person has the right at the regional or federal level to file complaints that are considered, and decisions are made on them. The Ombudsman, although engaged in outreach and informational work, is also able by his appeal to the authorities to suspend or change the effect of legislative acts. He takes an active part in the legislative process and is the official representative for human rights.
Recommendations, requirements, investigations provide an opportunity to influence the outcome of a problem situation. An independent observer has the right to create commissions and even participate in checks that are aimed at establishing the truth in a controversial situation. Authorities are required to provide their assistance and provide the full information requested by the Ombudsman. Who is this for an ordinary person - an assistant or another official? We will clarify further.
Explanatory work
One of the most important tasks of an official is advisory work and interpretation of legal acts and laws. Very often a person seeks help, being confident in his innocence. In turn, the Ombudsman is ready to:
- Thoroughly examine the situation.
- Provide qualified advice.
- Explain the meaning of legal acts, indicate violations on your part.
- Recommend ways to resolve the conflict.
- Help prepare an official letter or indicate the organization that oversees this issue.
- If necessary, become an intermediary in solving the problem.
Despite the many conflicts that arise, leaders emphasize that advocacy is essential. People, because of their ignorance of the law, do not understand why certain decisions are made by the authorities. The ombudsman, as a rule, is a lawyer with a higher education. He is ready to explain what your mistake is. He will provide comprehensive information, help prevent similar situations in the future.
Business Assistance
In our country, such a position is provided as a business ombudsman, both at the regional and federal levels. These people are called to represent the interests of business and protect the legal right to realize the opportunities and ideas of business people. Unfortunately, many entrepreneurs face violations of guaranteed freedoms, in which case they have the opportunity to seek help from an authorized person. Its work includes the following functions:
- Information support for any regulatory act.
- Conducting outreach.
- Study of documents and assistance in competent paperwork.
- If necessary, contact the authorities for help in resolving the situation.
- Work with local tax authorities.
- Assistance in the courts.
In addition to the primary tasks of protecting the rights of businessmen and ensuring their effective work, the Commissioner takes an active part in all kinds of congresses and meetings. These measures are aimed at identifying major violations of the law in various areas of entrepreneurship. The Ombudsman has the right to prepare a report and appeal to the highest authorities and to state the conclusions of his work. In particularly difficult situations that require appeal to the judiciary, the Commissioner is able to initiate a lawsuit to protect the rights of the victim.
Banking sector
Recently, people have become more active in resorting to the services of banks. These are loans, mortgages, deposits and many more proposals, in the process of implementation of which disagreements may arise between the client and the financial structure. Therefore, it is so important to properly organize the effective work of a body that is able to protect consumer rights. The financial ombudsman is an independent observer who is called upon to resolve disputes between the bank and its client. His responsibilities include:
- Acceptance of the appeal, consideration of the complaint on the merits.
- Clarification to the client of his rights and obligations.
- Work with the bank until a positive result is obtained.
Only a private person can become the initiator of proceedings , while the services of an authorized person are absolutely free. In writing, you file a complaint, within 30 days you must review it and help resolve the contentious situation.
Child rights
In many countries, the position of "Children's Ombudsman" has been functioning for a long time and successfully. The Ombudsman for Children covers the interests of minors who are responsible for their life and safety. In Russia, such a post provides for monitoring and assistance in the implementation of the legal rights of minors:
- The right to a decent life and study.
- The right to reside in appropriate conditions.
The Ombudsman fights against ill-treatment; supervision of adoption processes; investigation of violations of the rights of the child. He is able not only to consider the complaint, but also to initiate various measures to eliminate violations. The Ombudsman has the opportunity to sue and defend the rights of his wards.
Afterword
Despite the fact that the institution of human rights commissioners in various fields of activity is quite young, the work of the Ombudsmen is becoming increasingly important in our country. A person should be able to assert his legal rights not only in court. In some cases, the problem is the legal illiteracy of the client. In such a situation, the Ombudsman will come to your aid. Who is this for our state system? First of all, this is a professional lawyer who will help solve disputes that arise in the process of any human activity.