Moscow: Law establishing an Ombudsman for Children, 2001

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October 3, 2001
No. 43

LAW OF THE CITY OF MOSCOW
ON THE OMBUDSPERSON FOR CHILD RIGHTS
IN THE CITY OF MOSCOW

This Law establishes the procedure for appointment to and dismissal from office of the Child Rights Ombudsperson in the City of Moscow, his/her status, terms of reference and other issues pertaining to his/her activity.

Part I. GENERAL PROVISIONS

Article 1. The Ombudsperson for Child Rights in the City of Moscow
1. The post of the Ombudsperson for Child Rights in the City of Moscow (hereinafter referred to as the Ombudsperson) shall be established in accordance with the UN Convention on the Rights of the Child, the Constitution of the Russian Federation and the Federal Law “On Fundamental Guarantees of the Rights of the Child in the Russian Federation” to ensure state protection of the children’s rights, freedoms and legitimate interests in the City of Moscow, recognize and uphold these rights, freedoms and legitimate interests by state authorities, Moscow City municipal authorities, their officials and Moscow City organizations.
2. The post of the Ombudsperson for Child Rights is a public position in the City of Moscow.
3. When discharging his/her duties, the Ombudsperson is independent and non-accountable to any government agencies or officials.
4. The Ombudsperson’s activities shall supplement the available legal remedies with respect to children’s rights, freedoms and legitimate interests; his/her activities entail neither the termination nor revision of powers of state authorities, Moscow City municipal authorities and their officials dealing with the protection and restoration of children’s violated rights, freedoms and legitimate interests.
5. The Ombudsperson shall uphold children’s rights, freedoms and legitimate interests as defined by the UN Convention on the Rights of the Child, the Universal Declaration of Human Rights, the European Convention on Human Rights, the Constitution of the Russian Federation, the Family Code of the Russian Federation, the Federal Law “On Fundamental Guarantees of the Rights of the Child in the Russian Federation”, other rights set forth in the Federal Law “On Additional Social Welfare Guarantees for Orphans and Children Left Without Parental Care” and other laws and regulations of the Russian Federation and the City of Moscow in the event of their violation in the City of Moscow.

Article 2. Legal aspects of the Ombudsperson’s activities
In his/her activities, the Ombudsperson shall be guided by universally recognized principles and rules of international law, international treaties of the Russian Federation, the Constitution of the Russian Federation, federal laws, the Statute of the City of Moscow, the present Law and other laws and regulations enacted in the City of Moscow.

Article 3. The Ombudsperson’s responsibilities
The Ombudsperson’s principal responsibilities shall include the following:
1) securing guarantees of government protection of children’s rights, freedoms and legitimate interests;
2) assisting in unobstructed enactment and restoration of children’s violated rights, freedoms and legitimate interests;
3) streamlining the mechanism for upholding and promoting children’s rights, freedoms and legitimate interests;
4) assisting in improving laws and regulations of the City of Moscow concerning children’s rights, freedoms and legitimate interests;
5) raising the awareness of children’s rights, freedoms and legitimate interests among children and their legal representatives;

6) assisting state authorities, Moscow City municipal authorities, non-governmental and non-profit organizations in their activities to uphold and protect children’s rights, freedoms and legitimate interests;
7) informing general public of the situation regarding promotion and protection of children’s rights, freedoms and legitimate interests; advocating provisions of the UN Convention on the Rights of the Child and the institution of the Ombudsperson for Child Rights;
8) developing international cooperation in the areas of the promotion and protection of children’s rights, freedoms and legitimate interests.
In his/her activities, the Ombudsperson focuses on the promotion and protection of rights, freedoms and legitimate interests of orphans, children left without parental care and other groups of children in a difficult situation.

Article 4. The Ombudsperson’s operational policies
1. The Ombudspersons’s activities are based on the principles of independence, justice, creativity, responsibility, humanity, openness, objectivity and accessibility, as well as interaction and cooperation with state authorities, Moscow City municipal authorities and their officials in charge of the promotion and protection of children’s rights, freedoms and legitimate interests.
2. The Ombudsperson shall cooperate with the Ombudsperson for Human Rights in the Russian Federation as well as with non-profit and non-governmental organizations.
3. The Ombudsperson shall have no right to disclose information about applicants’ and other persons’ private life that came to his/her knowledge in connection with his/her activities related to the protection of children’s rights, freedoms and legitimate interests, as well as other information duly protected by the rule of law.

Part II. THE PROCEDURE FOR THE OMBUDSPERSON’S APPOINTMENT AND DISMISSAL FROM OFFICE

Article 5. Specifications for the position of the Ombudsperson for Child Rights
A person shall be eligible for the position of the Ombudsperson for Child Rights who is a citizen of the Russian Federation and has attained the age of thirty years or older; who has not committed any discreditable actions; who carries authority with the community and possesses knowledge of childhood problems and experience related to the protection of children’s rights, freedoms and legitimate interests.

Article 6. Appointment to the position of the Ombudsperson for Child Rights
1. The Ombudsperson shall be appointed by the Duma of the City of Moscow.
Nominations for the Ombudsperson’s position can be submitted to the Duma of the City of Moscow by the Moscow City Mayor or a group of Moscow City Duma deputies numbering at least five persons.
Nominations for the Ombudsperson’s position shall be submitted to the Duma of the City of Moscow within 30 days prior to the termination of the Ombudsperson’s term of office or following the early termination of his/her office.
2. The Ombudsperson shall be appointed by a majority vote of elected deputies of the Moscow City Duma.
3. The Ombudsperson’s appointment shall be finalized by a resolution issued by the Moscow City Duma.
4. The Ombudsperson shall be considered to have assumed office from the date of adjuration, when he pronounces the following oath at a session of the Moscow City Duma: “I do solemnly swear that I will protect and promote children’s rights, freedoms and legitimate interests and faithfully execute my duties, being guided by the UN Convention on the Rights of the Child, the Constitution of the Russian Federation, federal legislation and laws of the City of Moscow, as well as by fairness and the dictates of conscience.”
The oath is taken immediately after the Ombudsperson’s appointment to the office.
5. The Ombudsperson shall be appointed to the office for the duration of five years.
One and the same person can not be appointed to the Ombudsperson’s post for more than two consecutive terms of office.
6. The Duma of the City of Moscow shall adopt a resolution on the Ombudsperson’s appointment to office within 30 days following the expiration of the Ombudsperson’s term of office or within 60 days following the Ombudsperson’s early termination of office.

Article 7. Requisitions for the Ombudsperson’s performance of his/her duties
1. The Ombudsperson can not serve as a deputy of the State Duma of the Russian Federation, the Duma of the City of Moscow, a legislative (representative) government body of other constituent entities of the Russian Federation or a local government representative body; or serve as a public servant or a municipal employee or be member of any political party or other political public associations.
2. The Ombudsperson can not be engaged in other gainful activities with the exception of scholastic, science and creative activities.
3. The Ombudsperson must terminate his engagement in the activities incompatible with his/her status within 14 days following the Ombudsperson’s assumption of office.
The Ombudsperson’s powers shall be terminated providing he/she fails to fulfill the requirements set forth in this Article, and the Duma of the City of Moscow shall appoint a different Ombudsperson.

Article 8. Termination of the Ombudsperson’s powers
1. The Ombudsperson’s powers shall be terminated from the date of assumption of office by a newly-appointed Ombudsperson.
2. The Ombudsperson’s powers shall be terminated early, if:
а) he/she is engaged in activities incompatible with the Ombudsperson’s position;
б) court verdict of guilty is duly enforced with regard to a person who is the Ombudsperson, or a judicial order comes into force concerning the application of enactment measures of medical nature to the said person;
в) he/she submits a written application for divesting himself/herself of the Ombudsperson’s powers;
г) he/she loses the citizenship of the Russian Federation;
д) he/she is unable to perform the Ombudsperson’s duties for health or other reasons for an extended period of time (at least four months running);
е) a judicial order is duly enforced on legal incapacitation of a person who happens to be the Ombudsperson or on his/her recognition as a person lacking dispositive legal capacity;
ж) a judicial order is duly enforced on declaring a person who happens to be the Ombudsperson as missing or deceased;
з) he/she passes away.
3. The Moscow City Duma shall adopt a resolution on early termination of the Ombudsperson’s powers upon presentation of the Mayor of the City of Moscow or a group of deputies of the Moscow City Duma numbering at least five persons.
For the purpose of preliminary consideration of cases of violation of the requirements set forth in Article 7 of this Law, a commission shall be appointed composed of Moscow City Duma deputies.
4. A resolution on early termination of Ombudsperson’s powers shall be passed by a majority vote of elected deputies of the Moscow City Duma.
5. In the event of early termination of the Ombudsperson’s powers, a newly-appointed Ombudsperson shall be appointed by the Moscow City Duma within 60 days following the date of early termination of powers of the previous Ombudsperson.
6. Expiration of the term of office of the Moscow City Duma, as well as its dissolution shall not entail the termination of the Ombudsperson’s powers.
Part III. COMPETENCE AND GUARANTEES OF THE OMBUDSPERSON’S ACTIVITIES

Article 9. The Ombudsperson’s terms of reference
1. The Ombudsperson shall act within his/her competence set forth in this Law and shall have no right to take decisions that fall within the scope of competence of other governmental bodies, Moscow City municipal authorities, their officials and Moscow City organizations.
2. In order to discharge his/her functions and perform his/her duties, the Ombudsperson shall:
а) receive individuals and hear and consider their complaints concerning the violation of children’s rights, freedoms and legitimate interests, as well as appeals against decisions and acts (omissions of an act) of state authorities, Moscow City municipal authorities, their officials and Moscow City organizations violating children’s rights, freedoms and legitimate interests;
б) examine independently or jointly with competent governmental bodies, officials and government employees information about violation of children’s rights, freedoms and legitimate interests;
в) provide free legal assistance to children and their legal representatives on any matters concerning the promotion and protection of children’s rights, freedoms and legitimate interests;
г) bring before court claims concerning the protection of children’s violated rights, freedoms and legitimate interests in legally established cases or refer to court competent authorities with similar claims;
д) participate in judicial proceedings personally or through his/her representative in legally established cases and forms to ensure protection and restoration of children’s violated rights, freedoms and legitimate interests;
е) make provisions, within the scope of his/her competence, towards an amicable settlement of disputes between:
- children and their legal representatives, on the one side, and state authorities, Moscow City municipal authorities, their officials and Moscow City organizations whose acts are complained of, on the other side;
- children, on the one side, and their legal representatives, on the other side;
ж) forward to state authorities, Moscow City municipal authorities, their officials and senior officials of Moscow City organizations, whose acts (omission of an act), in his/her opinion, violate children’s rights, freedoms and legitimate interests, his/her recommendations with regard to possible and imperative measures aimed at the restoration of children’s violated rights, freedoms and legitimate interests and further prevention of similar violations;
з) inform law enforcement agencies of cases of violation of children’s rights, freedoms and legitimate interests;
и) submit to state and Moscow City municipal authorities opinions and proposals on any matters concerning the improvement of mechanisms for promotion and protection of children’s rights, freedoms and legitimate interests;
к) participate in the elaboration of laws and regulations of the City of Moscow dealing with children’s rights, freedoms and legitimate interests;
л) gather, review and analyze information included in the materials received from state and Moscow City municipal authorities on matters related to the promotion and protection of children’s rights, freedoms and legitimate interests; complaints submitted by individuals, non-governmental and other non-profit organizations, as well as reports in mass media on the above issues;
м) submit for consideration of the Moscow City Duma and the Moscow City Mayor issues concerning the violation of children’s rights, freedoms and legitimate interests, as well as reports and proposals on the matters in question;
н) forward to the appropriate authorities claims concerning the institution of disciplinary, administrative or criminal proceedings against persons whose acts (omission of an act) violate children’s rights, freedoms and legitimate interests.
3. The Ombudsperson shall have the right to submit proposals to the Moscow City Mayor and the Moscow City Government on any matters concerning the promotion and protection of children’s rights, freedoms and legitimate interests.
4. Upon termination of a calendar year, the Ombudsperson shall forward to the Moscow City Duma and the Moscow City Mayor a report on his/her activities and promotion and protection of children’s rights, freedoms and legitimate interests.
The Ombudsperson shall have the right to forward to the Moscow City Duma and the Moscow City Mayor special reports on specific issues concerning the enactment of children’s rights, freedoms and legitimate interests.
The Ombudsperson shall have the right to present an annual report at a session of the Moscow City Duma. The Ombudsperson shall be able to present a special report at a session of the Moscow City Duma based on a relevant decision of the Moscow City Duma.
The Ombudsperson’s annual report shall be published in printed mass media.

Article 10. Hearing and considering complaints
1. When hearing and considering complaints, the Ombudsperson shall be guided by federal legislative provisions and the Law of the City of Moscow “On Complaints Submitted by Individuals".
2. Upon receiving a complaint, the Ombudsperson shall have the right:
а) to admit the complaint to examination;
б) to refer the complaint to state authorities, Moscow City municipal authorities, their officials and Moscow City organizations competent in considering the complaint on the merits;
в) to inform the complainant of available remedies to uphold his/her violated rights, freedoms and legitimate interests;
г) to refuse to admit the complaint to examination indicating reasons for rejection;
3. When hearing and considering complaints, the Ombudsperson shall be obliged to afford state authorities, Moscow City municipal authorities, their officials and Moscow City organizations, whose decisions or acts (omission of an act) are complained of, an opportunity to appeal as regards any problems subject to examination in the course of investigation, as well as motivate their position on the whole.
4. The Ombudsperson shall have no right to refer a complaint to state authorities, Moscow City municipal authorities, their officials and Moscow City organizations, whose decisions or acts (omission of an act) are complained of, or assign them the investigation of the complaint.
5. The Ombudsperson has to inform the complainant of the results of the investigation as regards his/her complaint in a month’s time.

Article 11. Guarantees of the Ombudsperson’s activities
In order to discharge his/her functions and perform his/her duties, the Ombudsperson shall have the right:
1) to be received without delay by senior and other officials of government agencies, local authorities and law enforcement agencies of the City of Moscow, as well as senior officials of Moscow City organizations and administrations of penitentiaries;
2) to make inquiries and receive, in keeping with the duly established procedure, the required information, documents, materials and clarifications from state authorities, Moscow City municipal authorities, their officials and Moscow City organizations on any matters concerning the promotion and protection of children’s rights, freedoms and legitimate interests;
3) to an unimpaired access, upon presentation of his/her card, to offices of government agencies, local authorities, law enforcement agencies and organizations located in the City of Moscow;
4) to involve experts and specialists to carry out individual assignments requiring special knowledge and skills;
5) to obtain clarification from state authorities, Moscow City municipal authorities, their officials and Moscow City organizations concerning certain facts that need to be explored in the course of the investigation in connection with a complaint;
6) to carry out inspection, independently or jointly with appropriate authorities dealing with matters related to the protection and restoration of children’s rights, freedoms and legitimate interests, of the activities of government executive agencies, Moscow City municipal authorities, their officials and Moscow City organizations which violate children’s rights, freedoms and legitimate interests;
7) to participate in sessions of the Moscow City Duma, Moscow City Government, other collegial bodies and executive agencies of the Moscow City Government on any issues related to the protection and promotion of children’s rights, freedoms and legitimate interests;
8) in case of flagrant, systemic or mass violation of children’s rights, freedoms and legitimate interests, to address a session of the Moscow City Duma and the Moscow City Government with a relevant report.

Article 12. Consideration of the Ombudsperson’s inquiries
1. Federal government and Moscow City municipal officials and senior officials of the Moscow City organizations shall provide, free of charge and within two weeks, information, materials and documents in response to the Ombudsperson’s inquiries that are needed for the fulfillment of his/her duties.
2. The Ombudsperson’s recommendations and conclusions shall be forwarded to the appropriate state authorities, Moscow City municipal authorities, their officials and Moscow City organizations that are competent to address matters concerning the protection and restoration of violated children’s rights, freedoms and legitimate interests.
The Ombudsperson’s recommendations and conclusions shall be forwarded to the appropriate federal government agencies, if necessary.
3. The state authorities, Moscow City municipal authorities, their officials and senior officials of Moscow City organizations who have received the Ombudsperson’s recommendations and conclusions shall examine them within two weeks and notify the Ombudsperson in writing of their relevant interventions. In case of the failure to comply with the Ombudsperson’s recommendations, they should forward a letter to the Ombudsperson in response indicating the reasons for their failure to comply.
The Ombudsperson shall have the right to participate directly in the examination and discussion of the issues that he/she has raised. The Ombudsperson shall be notified of the time and venue at least three days in advance of the date of the meeting.
4. In the event of violation of children’s rights, freedoms and legitimate interests by federal agencies and organizations, the Ombudsperson shall approach the Ombudsperson for Human Rights in the Russian Federation or other federal agencies.
5. The Ombudsperson shall be provided without compensation with documents adopted by the state and Moscow City municipal authorities, other information and reference materials officially circulated by the Moscow City Duma and executive agencies of the Moscow City Government.
6. Interference in the Ombudsperson’s activities and obstruction in any form of his/her activities, as well as the failure by officials of federal government and Moscow City municipal agencies, senior officials of Moscow City organizations to discharge duties set forth in this Law shall be inadmissible and entail liability pursuant to the law.

Part IV. FINANCIAL AND ADMINISTRATIVE SUPPORT
TO THE OMBUDSPERSON’S ACTIVITIES

Article 13. Office of the Ombudsperson for Child Rights in the City of Moscow
1. To facilitate the implementation of the Ombudsperson’s mandate, an appropriate Office shall be set up.
2. The Ombudsperson and his/her Office shall be a Moscow City governmental agency enjoying the rights of a juridical person and having its own bank accounts, seal and letterheads depicting the Emblem of the City of Moscow and its title.
3. The Ombudsperson shall:
а) manage the Office’s operations and approve the Office’s rules and regulations;
б) draft a budget estimate and utilize the assigned funding at his/her own discretion;
в) approve the Office’s structure and establish the number of staff on the payroll and a staffing schedule within the assigned funding;
г) address other issues related to the Office’s operations.
4. The Ombudsperson’s remuneration, whose position is at the level of a Moscow City government post Grade “A”, as well as allowances and bonuses, shall be fixed in the amount equivalent to the remuneration of a Moscow City Government minister supplemented by appropriate allowances and bonuses.
The Ombudsperson’s remuneration shall be adjusted for inflation or increased in the amount and within the time frame envisaged for Moscow City civil servants.
Persons, whose positions within the Ombudsperson’s Office are defined by the Moscow City laws and regulations as public posts of the Moscow City public services, shall be civil servants. Posts can be established within the Ombudsperson’s Office that are not defined as public posts of the Moscow City public services.
The remuneration of Moscow City civil servants working in the Ombudsperson’s Office shall be fixed at the remuneration level of Moscow City civil servants working in the Moscow City Government Office.
The remuneration of persons holding positions that are not defined as public posts of the Moscow City public services and providing technical support to the Ombudsperson’s Office, shall be fixed in the amount and within the limits established for relevant employees of the Moscow City executive agencies.
5. The Moscow City Government shall assign premises suitable for the activities of the Ombudsperson and his/her Office for unlimited and gratuitous use.

Article 14. Financing of the Ombudsperson’s activities
Funds to finance the Ombudsperson’s activities shall be set aside in a separate budget line in the Moscow City budget.

Article 15. The Ombudsperson’s voluntary assistants
The Ombudsperson shall have the right to use the services of assistants working on a voluntary basis.
The Ombudsperson shall approve the Regulations on Assistants Working on a Voluntary Basis.
The Ombudsperson’s assistants working on a voluntary basis shall be issued an appropriate certificate.

Article 16. Public Council of Experts affiliated with the Ombudsperson
A Public Council of Experts, composed of specialists who possess the appropriate knowledge and skills, can be set up under the Ombudsperson to provide counseling on matters concerning children’s rights, freedoms and legitimate interests.
The Ombudsperson shall approve the Regulations on the Public Council of Experts and its composition.

Part V. FINAL PROVISIONS

Article 17. Arrangements for appointment of the first Ombudsperson
Proposals as regards candidates for the post of the first Ombudsperson shall be submitted to the Moscow City Duma within 30 days following the enactment of this Law.
The Moscow City Duma shall pass a resolution on the appointment to the post of the first Ombudsperson within 30 days following the expiration of the deadline for submitting proposals on candidates for this post in line with the procedure set forth in Article 6 of this Law.

Article 18. Enactment of this Law
This Law shall come into force in ten days following its official promulgation.
Y.M. Luzhkov
Mayor of the City of Moscow
Moscow City Duma, Moscow
October 3, 2001
N 43

 

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