What is an Ombudsman and what are his functions

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2018-03-29 02:07:17

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People who are far from law and policy, it is not known who is the Ombudsman and what are its functions. what is an Ombudsman the Majority of citizens in their ignorance do not even suspect that by referring to this official, it is possible to solve a number of issues that are difficult to resolve with other authorities (Prosecutor, court, etc.).

What is an Ombudsman

The Ombudsman – is an official or an official appointed for performing control over the activities of ministries, departments and other government bodies. It acts as citizens ' complaints and on their own initiative and guided not only by law but also justice.

For Example, the Ombudsman in Russia – Commissioner for human rights. In principle, in any country where there is such a position, the Ombudsman can solve issues relating to the fulfillment of his duties or abuse of their powers by the officials, resulting in disputes between the citizen and the authorities.

The History of the position “Ombudsman”

According to history, the first time the meaning of "Ombudsman" (words) was transcribed in the sixteenth century in Sweden. The official holding this position, supervised the work of the court: Ombudsman in RussiaA transparency of the trial, the justice of the sentencing. After the defeat of the Swedes at Poltava the competence of the Ombudsman was expanded. Due to the fact that king Karl Xll of Sweden has long resided in Turkey, control system fell into disrepair and required major restore order. For the post of Ombudsman was an appointed official (Royal Ombudsman of justice), which oversaw the activities of government officials. The second Ombudsman, whose role was to control the Royal administration and justice, received the title of Chancellor of justice. In 1809, in Sweden there is an Ombudsman of justice, who was separated from what was subject to the king.

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So, the Chancellor was to protect the king and the parliamentary Ombudsman-to protect the interests of peasants and workers. Today, the meaning of the word "Ombudsman" knows the population of such countries as Denmark, Russia, Ukraine, Sweden, Norway, Italy, Poland, Portugal, UK, France, South Africa etc.

Who can apply to the Ombudsman?

The Ombudsman for human rights considers complaints from individuals who are citizens, foreign citizens, persons without citizenship who have a residence permit or are simply in the territory of the state. Accepted complaints of people that have asked the court or administrative authorities, but do not agree with a decision the importance of the OmbudsmanOr notice any violations, discriminated against, unhappy with the complete inaction.

Main tasks of the Commissioner for human rights

The Main tasks of the Ombudsman, irrespective of the country in which he holds office:

  • The Restoration of justice and rights that have been violated.
  • Conducting activities aimed at the development of international relations in the field of human rights.
  • Educating citizens about their rights.
  • Improvement of the legal legislation concerning the citizens.
  • Control over the government.

The Institute of Ombudsman in Russia

For the First time the post of Commissioner for human rights in Russia appeared in 1994. The first Ombudsman of the Russian Federation – Sergei Kovalev was appointed by the State Duma. In 1998-2004, this position was filled by O. Mironov, 2004 – Vladimir Lukin. In Russia there is a law “on the Commissioner for human rights in the Russian Federation”, on the basis of which they perform their duties these professionals.

That means the Ombudsman, the Russians? In a nutshell, it is the intermediary between the victim Ombudsman for human rightsA party (person) and officers, which protects the rights and interests of citizens. But his work is not confined to consideration of complaints or allegations. The Ombudsman on its own initiative is conducting an investigation by collecting information on serious violations or inaction of any of the bodies.

Powers of the Ombudsman for human rights in Russia

The Ombudsman in Russia, which deals with the protection of citizens 'rights, has a number of powers:

  • Protects citizens' rights and monitors their observance by state bodies and officials.
  • Delivers a report to the State Duma with the request to organize a parliamentary Commission to investigate the facts of mass violations of human rights.
  • In identifying facts of violation appeals a petition for instituting criminal proceedings or administrative proceedings regarding the official(s) of person (s).
  • Makes an application on verification of the correctness of the court decision (judgement or sentence) entered into force.
  • Applies to court with request to protect the rights and freedoms of citizens which were violated by unlawful actions or inaction of government agencies or officials.
  • Appeals to the constitutional Court regarding violations of constitutional rights of citizens.

Financialthe Ombudsman

UkraineWho is the financial Ombudsman? Is it official that helps to resolve several controversial issues arising between the citizen and the Bank. This may be a question about a refund on credit card, unreasonably high penalties and interest on long-term loans, the renewal of the loan from the foreign currency into the national one. Financial ombudsmen resolve issues concerning illegal actions of collection companies and their employees.

But the most frequent are complaints about the refusal of banks to restructure the loan. This is due to the increase in the amounts owed along with penalties and interest, which is almost impossible to pay. The task of the Ombudsman to negotiate with the Bank and persuade it to make concessions in the form of the partial lifting of sanctions, subject to payment of the remaining amount according to the agreed schedule.

Insurance Ombudsman

No less important intervention of the Ombudsman (who is an Ombudsman, we have reviewed the above) in the insurance industry. Some insurance companies violate the terms of the contract if the insurance amount is negligible, hoping that the client will not start judicial red tape. Insurance ombudsmen work in all countries which provided for this position. For example, European insurance companies treat them with respect as the authority of these officials is quite wide, and they have enough rights. Moreover, European companies are not profitable to save on non-payment of insurance, as the Ombudsman services they pay for, not policyholders.

Well-developed institution of Ombudsman in Germany. The only disadvantage of the system is that to use the services of officials can only be members of trade unions, insurance companies, and the transfer of the case to the Prosecutor of the influence of the Ombudsman on the outcome of the case is completed.

The Ombudsman for entrepreneurs

The Ombudsman of entrepreneurs as a separate independent position appeared not so long ago. In its list of duties includes:

  • Submission of claims to protect the rights of entrepreneurs.
  • The functions of the protector to court entrepreneurs.
  • Preparation and submission of requests to the authorities at the state and local level on matters of business.
  • Visits and consultations of suspected or convicted citizens, who are associated with business activities.

Features of the institution of ombudsmen to protect the rights of the population

Based on the experience of European countries, it becomes clear that, without the help of the Ombudsman, it is possible to solve a number of small conflicts. But there are disadvantages in this system. For example, the decision made by the Ombudsman of Ukraine, within two years, is voluntary for insurance and credit organizations. And only after this time it becomes binding. Also, the Ombudsman is unable to consider disputes that were filed in court or which have already been issued the arbitration decision. The pros of the system is that consumers will no longer need to turn to the courts and waste their time (and money for lawyers).

what does the Ombudsman

Children's Ombudsman

Children's ombudsmen are to protect the rights of minor citizens of the country. Their responsibilities include:

  • Protect and restore the rights of the child.
  • Consultation, education, training children about their rights.
  • Work with the Federal agencies, local and state authorities on requests and obtain required information or documents.
  • Visits to organizations and authorities to seek clarification, verification of their activities related to the rights and freedoms of children.
  • Preparation and submission to the relevant authorities recommendations to improve their work regarding children's rights.
  • Engaging specialists to conduct analytical works pertaining to the protection of children's rights.

In some countries, provided the position of student Ombudsman. He provides assistance to all participants of educational process: children, parents and teachers. Can access all of the who consider that the violations of the rights of students in the learning process. This may be a misunderstanding between the teacher (school administration, class teacher) and the student, and the need for consultations on child rights within the school, an explanation of the organizational issues, hygiene standards, regulations, and other things. Also, turning to the Ombudsman to make suggestions regarding the improvement of the educational process and institution. Commissioner for works in the school in the following areas:

  • Active participation in the School Council, the purpose of which is to improve the operation of controls.
  • The Work aimed at prevention of harmful habits of students.
  • Oversee all of the rights and freedoms of students.
  • Work with parents and parent Committee aimed at improving relations in the family.
  • Psychological and legal support to school staff, aimed at preventing emotional burnout.

How it works

Ombudsman entrepreneursRegardless of the direction in which the Ombudsman, the scheme of his actions is almost standard. As mentioned above, worksit is based on received from an individual complaint or on its own initiative. The Commissioner cannot decide the matter, which submitted to the court. For the period of consideration of the disputed issue by the Ombudsman, the Complainant undertakes not to transfer the case to the court.

Before going to the specialist citizen shall, in writing, direct the complaint to the Bank or insurance company and wait for a response within 30 days. The complaint submitted to the Ombudsman shall be executed in the form of statements with attached copies of documents (contracts, correspondence, receipts, etc.). The specialist deals with disputes concerning financial institutions that have joined the Institute. The decision, not appealed.

But the credit organizations, the Ombudsman may submit proposals on the settlement of disputes or to send an appeal to the court. The result of consideration of disputes is conciliation agreement signed by the parties or a decree authorizing them.


Article in other languages:

BE: https://tostpost.com/be/nav-ny-gramadstva/2998-hto-tak-ambudsmen-shto-vahodz-c-u-yago-funkcy.html

DE: https://tostpost.com/de/news-und-gesellschaft/2996-wer-ist-der-ombudsmann-und-was-geh-rt-zu-seinen-aufgaben.html

ES: https://tostpost.com/es/noticias-y-sociedad/3001-qui-n-es-el-defensor-del-pueblo-y-que-parte-de-sus-funciones.html

KK: https://tostpost.com/kk/zha-aly-tar-o-am/2999-k-m-ombudsmen-zh-ne-ne-ony-funkciyalary.html

PL: https://tostpost.com/pl/aktualno-ci-i-spo-ecze-stwo/3002-kim-jest-rzecznik-praw-obywatelskich-i-co-wchodzi-w-jego-funkcji.html

PT: https://tostpost.com/pt/not-cias-e-sociedade/2998-o-que-um-provedor-de-justi-a-e-o-que-est-inclu-do-em-sua-fun-o-de.html

TR: https://tostpost.com/tr/haber-ve-toplum/3004-kim-b-yle-bir-ombudsman-ey-dahil-fonksiyonlar.html

UK: https://tostpost.com/uk/novini-ta-susp-l-stvo/3001-hto-takiy-ombudsmen-scho-vhodit-u-yogo-funkc.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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