Ombudsman - who is it? Whose interests serves? Why is his role so important in the modern world? The Ombudsman is a person who does not depend on the authorities, makes his own decisions and stands for the protection of the rights of every person and the whole society. They are advocates of the law, able to influence civil servants of any level and make them respect the rights and freedoms of citizens.
In Russia, many people still do not know their rights, and officials abuse power and are ready to neglect the freedoms of ordinary people. Many countries have already passed the stage of formation and rapid development of the institution of the Ombudsman, in Russia democratic processes have begun to develop recently and new mechanisms of relations between society and the government are being tested.
The history of the emergence of "defenders of society"
How did the first ombudsman appear? Who invented this, was the first to express the idea of endowing a certain person with the authority to protect people before the authorities? King of Sweden Charles XII put forward this idea and put it into practice in 1713. The reason for this was the fact that in the absence of a ruler during the war, the royal administration was mired in lawlessness, corruption and other vices of power structures.
Then Karl expanded the rights of the Seneschal to the possibility of interference in the affairs of the highest ranks close to the king, and representatives of justice. Since 1719, the post became known as the "Chancellor of Justice."
Development of the idea of the Ombudsman in Sweden
After the death of Charles XII, the duties and powers of the Chancellor of Justice underwent various changes, he obeyed and reported first to the king, then to the Riksdag. After the adoption of the constitution of 1809, a new post was established - the Ombudsman for Justice.
Since the beginning of the 20th century, when the institution of the Ombudsman has finally taken root in Sweden, new representatives appear who are involved in protecting the rights of civilians and military men before the prosecutor's office, the judiciary, the police, the army, tax and social services, etc.
Dissemination of the ideas of “defenders of rights and freedoms”
Ombudsman: who is this, if not a defender of the rights of all, without exception, people in situations where representatives of the government, financial institutions, and leadership are infringed on their rights? Of course, there are courts, police, and prosecutors to defend interests. But what if they violate human rights? To whom should I file a complaint?
For such purposes, there are organizations in which the ombudsmen, their representatives and subordinates work. In many countries, they extend their activities to all spheres of life and include dozens and hundreds of officials, an impressive staff of lawyers and consultants.
The Ombudsman Institute has gained great popularity in countries such as Norway, Finland, Great Britain, Canada, France, Israel, Switzerland, India, New Zealand, Spain, etc.
Ombudsman functions
Until the middle of the 20th century, ombudsmen served as controllers of power structures rather than as advocates of human rights. Complaints of the population were examined and could be satisfied or not. But various precedents served as indicators that either officials are not working in good faith or the laws are ineffective. Thus, the ombudsmen corrected the actions of various branches of government.
And only after the Second World War, it became clear that the activities of the state should be subordinated to the main goal - the protection of human rights. A socially oriented society began to take shape.
The main functions of the Ombudsman today are:
- Improving the work of power.
- Restoration of the rights of residents of a certain territory (state) violated by the authorities.
- The implementation of mediation between society and government officials.
- Extrajudicial investigations.
Varieties of the Ombudsman
In addition to protecting the social and civil rights of people before officials, new forms of ombudsman appear, such as:
- financial ombudsman, providing protection to individuals in disputes with financial institutions;
- consumer protection, ensuring the proper level of safety in the production of goods and services;
- a business ombudsman to enforce the rules of “fair business”;
- defender of the rights of students and students of various institutions;
- Commissioner for Children's Rights, etc.
The Ombudsman penetrates into all spheres of society.
Reasons for the popularity of the Ombudsman institution among the population
Why exactly the ombudsman? Who decided that one or more people can become a pillar of society and assistants to the authorities? The fact is that the ombudsman’s institution is trusted by ordinary people who do not see justice in the actions of civil servants, and by officials, to whom he gives a signal for changes and improvement of the system.
For a simple person, the Ombudsman is:
- a person who quickly and specifically responds to a complaint;
- a person who is much easier to turn to than senior officials;
- a disinterested person who can be trusted;
- a person who is able to influence the government, judges, police, which a simple layman cannot do.
Reasons for trust in the Ombudsman by the authorities
All branches of government act separately, but at the same time have close ties. How can the legislature understand what amendments need to be made to laws, are certain rules being implemented or not, and why? How to identify corruption and dishonesty of officials? In these and many other issues, they are assisted by "authorized advocates of society."
For officials, the Ombudsman is:
- a person who helps increase public confidence in authority;
- not the opposition, but a constructive critic;
- a person who serves as a judge in a more economical way;
- a person who raises and reveals new problems is an indicator of the mood of society;
- control over the executive branch at various levels.
Ombudsman Institute in Russia
The main Ombudsman in Russia is the Commissioner for Human Rights. The first to hold this position was S. Kovalev, who, even before his appointment in 1994, was involved in the defense of human rights. Since 1996, regional commissioners have begun to work in Russia.
The Ombudsman Institute in Russia has its own characteristics at the federal and regional levels. The ideas and example of European countries cannot be used without change in special political, economic and social conditions. In some regions of Russia, they faced complete rejection, as, for example, in the Arkhangelsk and Murmansk regions, as well as in the Khabarovsk Territory.
Slowly but surely, the development of the Ombudsman institution in Russia is ongoing. A great contribution to this matter was made by V.P. Lukin, who served as chief commissioner for 10 years. In 2014, he was replaced by E.A. Panfilova, formerly Minister of Social Policy.
Other institutes of “defenders” also appear in Russia, such as the financial ombudsman, the ombudsman for children, and the ombudsman in the education and business systems. All this speaks of positive trends and an increase in public justice in Russia.
