Our life - a complex mechanism of interaction both between individuals and between different organizations.Each field of activity is regulated by certain regulations and laws.Unfortunately, very often there are situations in which a person can not solve your problem, contact the authorities.There are differences, and often violated the legal rights of the citizen.In such a situation it is difficult to understand yourself, besides the authorities often do not recognize their mistakes and apparent violations.This problem has led to the fact that there was a position of "independent ombudsman".Who is it and what the powers of the person performing?Let us try to understand in detail.
right to a fair
hard to imagine a legal society in which a person is unable to challenge the decision of the authorities or ask for help from an outside observer.For these purposes, and it has been implemented ombudsman.Independent fair "judge" is designed to resolve conflicts between a group of persons, as well as between the individual and the authorities.It can protect human rights, to monitor the legality of various measures against natural or legal members of society.The Commissioner shall carry out its activities so as to be able to track down and eliminate errors in the work of the authorities.
judge or a lawyer?
activities of the Ombudsman is still a mystery to many people.How it can help and what tools are used to protect?This post provides a fairly broad range of acts.The first professional "assistant" is ready to consider the application of any citizen and to respond to it.A number of activities to establish the circumstances of the breach of the right to appeal.The Ombudsman has the right to demand explanations from the authorities.On the basis of the received material he explores the legal aspect of the problem.Please note that this position provides full impartiality and confidentiality of the customer!
Commissioner shall submit a report on the violation of the legitimate rights and can demand their immediate reinstatement.The Ombudsman is ready not only to support the legitimate complaints, but also to participate in judicial proceedings, acting as independent expert, or even initiated lawsuits.However, to force him to testify in any process, no one is allowed.It is able to offer its customers a number of ways of resolving the conflict, while not forcing to certain actions.
Ombudsman - who is it?This is not a lawyer, and, of course, not a judge.It's official acts by third parties in any conflict, which infringes your legal rights.
How it works
In many countries, the ombudsman effectively solves the issues in different spheres of life.For example, the European Ombudsman and is considering taking legal action in the event of a dispute between individuals and the EU institutions.The Commissioner called upon to protect human rights and to regulate administrative matters at the highest level.
In our country, this institution is quite young, but already has had some success.Man has the right to the regional or federal level to lodge complaints, which are considered, and it submitted solutions.The Ombudsman, although engaged in advocacy and information work, is also able to appeal to their governments to suspend or modify the effect of legislation.He actively takes part in the legislative process, and is the official representative for human rights.
recommendations, the requirements of the investigation make it possible to influence the outcome of the problem situation.An independent observer has the right to the commission and even participate in the inspections, which are aimed at establishing the truth in the dispute.The authorities are obliged to provide such assistance, and to provide full information that will request the Ombudsman.Who is it for the average person - the assistant or another official?Let us continue.
One of the most important tasks is the official advisory work and interpretation of regulations and laws.Very often people ask for help, being self-righteous.In turn, the Ombudsman is ready:
- Carefully examine the situation.
- Provide expert advice.
- Explain the importance of legal acts indicate the violation on your part.
- Recommend ways of resolving conflict.
- Helping to prepare an official letter or specify the organization that oversees the issue.
- If you want to become a mediator in resolving problems.
Despite the many conflicts that arise, officials stress that advocacy is a must.People due to ignorance of the law do not understand why accept certain decisions authoritative bodies.The Ombudsman, as a rule - a lawyer with higher education.He is ready to explain what your mistake.It will provide comprehensive information will help prevent similar situations in the future.
business in our country provides such a position as a business ombudsman, at both the regional and federal level.These people are called to represent the interests of business and protect the legitimate rights and opportunities for the implementation of business ideas.Unfortunately, many entrepreneurs are faced with violations of the freedoms guaranteed in this case, they have the opportunity to seek the assistance of an authorized.His work includes the following features:
- Information support of any legislative act.
- Study of documents and assistance in the design of a competent securities.
- In case of need - an appeal to the authorities for help in resolving the situation.
- Working with the local tax authorities.
- Help in the courts.
addition priority to protect the rights of businessmen and to ensure their efficient operation, authorized to take an active part in various congresses and meetings.These activities are aimed at identifying the main violations of the law in various areas of business.The Ombudsman has the right to prepare a report, and an appeal to the higher authorities and announce the findings of their work.In particularly difficult situations that require treatment in the courts authorized able to initiate a lawsuit to protect the rights of the victim.
Recently, people began to actively use the services of banks.These are loans, mortgages, deposits, and many proposals in the implementation of which may be differences between the client and the financial institution.Therefore, it is important to organize the effective work of the body, capable of protecting consumer rights.Financial Ombudsman - an independent observer who is called to solve disputes between the bank and its client.His responsibilities include:
- Adoption of treatment, examination of the merits.
- Clarification of the client's rights and responsibilities.
- Working with a bank to obtain a positive result.
initiator of the proceedings can only be a private person, in this case the authorized services are absolutely free.In writing you file a complaint within 30 days of its obligation to consider and help resolve disputes.
Rights of the Child
In many countries, the position of "children's ombudsman" functions for a long time and successfully.Ombudsman for Children covers the area of interest of young people responsible for their lives and safety.In Russia, such a position provides supervision and assistance in the implementation of the legal rights of minors:
- right to a dignified life and study.
- the right of residence of the child in proper conditions.
Ombudsman carries out the fight against ill-treatment;oversee the adoption process;investigation of violations of children's rights.He is able not only to consider the complaint, but also to initiate various measures to correct the violations.The Ombudsman has the possibility to sue and defend the rights of their wards.
Despite the fact that the Institute of Ombudsmen in different fields of activity is quite young, the work of ombudsmen is becoming increasingly important in our country.A person must be able to defend their legitimate rights, not only in court.In some cases, the problem is in the client's legal illiteracy.In this situation, you come to the aid of the Ombudsman.Who is it for our state system?The first is a professional lawyer, who will help to solve disputes that arise in the course of any human activity.