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Russian Federation Federal Constitutional
Law Adopted by the State Duma on 25
December 1996 This Federal Constitutional Law defines the procedure for the appointment and dismissal of the Commissioner for Human Rights in the Russian Federation, his competence, organisational forms and conditions of his activity. Chapter I. GENERAL STATEMENTS Article 1 1. The post of Commissioner for Human Rights in the Russian Federation (henceforth - Commissioner) is established in accordance with the Constitution of the Russian Federation with the aim of ensuring the guarantee of state defence of rights and freedoms of citizens, their observance and respect by state organs, by organs of local government and by officials. 2. The Commissioner is appointed and dismissed from his post by State Duma of the Federal Assembly of the Russian Federation. 3. By the means, indicated in the present Federal Constitutional
Law, the Commissioner shall facilitate the restoration of violated rights,
the improvement of legislation of the Russian Federation on human and
citizens' rights and the bringing of it into accordance with universally
recognised principles and norms of international law, the development
of international co-operation in the field of human rights, legal education
on questions of human rights and freedoms, and the forms and methods of
defending them. Article 2 1. The Commissioner in the realisation of his powers is independent of and not accountable to any state organs or officials. 2. In his activity the Commissioner is governed by the
Constitution of the Russian Federation, legislation of the Russian Federation,
and also by universally recognised principles and norms of international
law, and international treaties of the Russian Federation. Article 3 The activity of the Commissioner supplements the existing means for the
defence of the rights and freedoms of citizens, does not quash or entail
the re-examination of the competence of state organs, that guarantee the
defence and restoration of violated rights and freedoms. Article 4 The introduction of a state of emergency or martial law in the entire
territory of the Russian Federation or in part of it does not stop or
suspend the activity of the Commissioner and does not entail limitations
on his competence. Article 5 1. In accordance with the constitution (regulations) by law a territorial subject of the Federation Council can establish a post of Commissioner for Human Rights in the subject of the Russian Federation. 2. The financing of the activity of the Commissioner for Human Rights in the subject of the Russian Federation and its staff will be realised from funds from the budget of the subject of the Russian Federation. Chapter II. PROCEDURE FOR THE APPOINTMENT AND DISMISSAL FROM THE POST OF COMMISSIONER Article 6 The Commissioner is appointed from among persons, who are citizens of
the Russian Federation, no younger than 35 years, with knowledge in the
field of the rights and freedoms of man and the citizen, and experience
in their defence. Article 7 1. Nominations for candidates to the position of Commissioner can be submitted to the State Duma by the President of the Russian Federation, the Federation Council of the Federal Assembly of the Russian Federation, deputies of the State Duma and associations of deputies in the State Duma. 2. Nominations for candidates to the post of Commissioner
are to be submitted to the State Duma during the course of one month before
the end of the term of the powers of the preceding Commissioner. Article 8 1. The Commissioner is appointed and dismissed from the post by the State Duma by a majority of votes of the total number of deputies of the State Duma under secret ballot. 2. The State Duma shall pass a resolution on the appointment to the post of Commissioner no later than 30 days from the day of the expiry of the term of the powers of the preceding Commissioner. 3. Every candidate, submitted for the secret ballot for
appointment as Commissioner, nominated in accordance with article 7 of
the present Federal Constitutional Law, will be included in the list for
secret voting by two thirds of votes of the total number of deputies of
the State Duma. Article 9 1. Upon his assumption of his post, the Commissioner will swear an oath with the following contents: "I swear to defend the rights and freedoms of man and the citizen, to fulfil conscientiously my duties, governed by the Constitution of the Russian Federation, the legislation of the Russian Federation, justice and the voice of conscience". 2. The oath is to be pronounced at a session of the State Duma directly after the appointment of the Commissioner to the post. 3. The Commissioner is deemed to have assumed his post
from the moment of the pronouncement of the oath. Article 10 1. The Commissioner is appointed to the post for a term of five years, calculated from the moment of the oath. His powers cease at the moment of the pronouncement of the oath by a newly appointed Commissioner. 2. The expiry of the term of powers of the State Duma, or its dissolution, do not entail the cessation of the powers of the Commissioner. 3. One and the same person cannot be appointed to the
post of Commissioner for more than two terms in succession. Article 11 1. The Commissioner cannot be a deputy of the State Duma, a member of the Federation Council or a deputy of the legislative (representative) organ of a subject of the Russian Federation, be on state service, be engaged in other paid or unpaid activity, except for teaching, scientific or other creative activity. 2. The Commissioner does not have the right to engage in political activity, to be a member of a political party or other public association, that pursues political goals. 3. The Commissioner is obliged to cease activity, that
is incompatible with his status, no later than 14 days from the day of
his assumption of his position. If within the indicated period, the Commissioner
does not fulfil the established demands, then his powers shall be terminated
and the State Duma shall appoint a new Commissioner. Article 12 1. The Commissioner possesses inviolability for the course of the entire term of his powers. Without the consent of the State Duma, he cannot be prosecuted under criminal or administrative charges, be subject to court procedures, be detained, be arrested, be subject to searches, excluding cases of detention at the scene of a crime, or be subject to personal interrogation, excluding cases when this is stipulated by federal law for the defence of the security of other persons. The inviolability of the Commissioner applies to his residential and work premises, baggage, personal and work means of transport, correspondence, means of communication used by him, and documents belonging to him. 2. In the case of the detention of the commissioner at
the scene of a crime, the official who conducted the detention shall immediately
notily this to the State Duma, which must take a decision on giving consent
on the further use of the procedural measure. If within 24 hours the consent
of the State Duma is not received, the Commissioner must be released immediately. Article 13 1. The Commissioner can be prematurely dismissed from his post in the cases of: 1) violation of the demands of article 11 of the current Federal Constitutional Law; 2) the coming into legal force of guilty verdict of a court towards the Commissioner. 2. The powers of the Commissioner can also be terminated by the State Duma in view of his incapacity to perform his duties because of his condition of health or other reasons over the course of a long time (no less than four months in succession). 3. The Commissioner can be relieved of his post also in cases of his submission of a declaration on his renunciation of his powers. 4. The premature dismissal of the Commissioner will take
effect by a resolution of the State Duma of the Federal Assembly of the
Russian Federation. Article 14 In the case of the premature dismissal of the Commissioner from his post, a new Commissioner must be appointed by the State Duma in the course of two months from the day of the premature dismissal of the previous Commissioner from his post, in accordance with the procedures established by articles 6-10 of the current Federal Constitutional Law.
Chapter III. COMPETENCE OF THE COMMISSIONER Article 15 The Commissioner shall examine complaints from citizens of the Russian
Federation and foreign citizens on the territory of the Russian Federation
and persons without citizenship (henceforth - plaintiff). Article 16 1. The Commissioner shall examine complaints against decisions or actions (inactions) of state organs, organs of local government, officials, state servants, if earlier the plaintiff has appealed against these decisions or actions (inactions) in court or by administrative procedure, but is not satisfied with the decisions taken on his complaint. 2. The Commissioner shall not examine complaints against decisions of chambers of the Federal Assembly of the Russian Federation and legislative (representative) organs of state power of subjects of the Russian Federation. 3. The submission of a complaint to the Commissioner
for human rights in a subject of the Russian Federation is not a basis
for refusing to accept an analogous complaint for the examination of the
Commissioner. Article 17 1. The complaint must be submitted to the Commissioner no later than the expiry of one year since the day of the violation of the rights and freedoms of the plaintiff or from the day, when the plaintiff learned of their violation. 2. The complaint must contain the surname, first name
and patronymic and address of the plaintiff, a statement of the essence
of the decision or action (inaction), that violated or is violating, in
the opinion of the plaintiff, his rights and freedoms, and an accompanying
copy of the decision made on his complaint, heard in court or under administrative
procedures. Article 18 A complaint sent to the Commissioner is not subject to state duties. Article 19 Complaints, addressed to the Commissioner by persons in places of compulsory
confinement, are not subject to examination by the administration of the
place of compulsory confinement, and are to be sent to the Commissioner
within the course of 24 hours. Article 20 1. On receiving a complaint, the Commissioner has the right: 1) to accept the complaint for examination; 2) to explain to the plaintiff the means which he has the right to use for the defence of his rights and freedoms; 3) to pass on the complaint to a state organ, organ of local government or an official, to whose competence the resolution of the complaint is essentially related; 4) to refuse to accept the complaint for examination. 2. In a ten-day period the Commissioner shall inform the plaintiff of the decision that has been taken. In cases of the beginning of examination of complaints, the Commissioner shall inform also state organs, organs of local government or officials, whose decisions or actions (inactions) are being complained about. 3. A refusal to accept complaints for examination must be justified. Refusals to accept complaints for examination are not subject to appeal.
Upon the presence of information about massive or gross
violations of the rights and freedoms of citizens either in cases, having
special public significance or connected with the necessity of the defence
of the interests of persons, unable to use independently legal means of
defence, the Commissioner has the right to take on his own initiative
appropriate measures within the boundaries of his competence. Article 22 1. On beginning to examine a complaint, the Commissioner has the right to address the competent state organs or officials for co-operation in the investigation of the circumstances that need to be clarified. 2. The investigation cannot be entrusted to the state
organ, organ of local government or official, whose decision or action
(inaction) is the subject of the complaint. Article 23 1. During the conduct of an investigation of a complaint, the Commissioner has the right: 1) to visit without obstruction all organs of state power, organs of local government, to attend sessions of their competent collegiate organs, and to visit without obstruction enterprises, establishments or organisations, regardless of their organisational-legal form and form of property, military bases, and public associations; 2) to request and receive from state organs, organs of local government and officials and state servants, information, documents and materials that are essential for the investigation of complaints; 3) to receive explanations from officials and state servants, excluding judges, on questions that require clarification in the course of the examination of complaints; to conduct an investigation of the activity of state organs, organs of local government and officials, independently or jointly with competent state organs, officials and state servants; 5) to commission competent state institutions to conduct expert research and prepare conclusions on questions that require clarification in the course of the examination of complaints; 6) to familiarise himself with criminal, and civil cases and cases on administrative law violations, rulings (sentences) which have come into legal force, and also with cases that have been terminated, and materials under which the initiation of criminal proceedings was refused. 2. On matters of his activity the Commissioner enjoys
the right of access without delay to leaders and other officials of organs
of state power on the territory of the Russian Federation, organs of local
government, enterprises, establishments and organisations, regardless
of the organisational-legal form and form of property, to leaders of public
associations, members of the leadership of the Armed Forces of the Russian
Federation, other military forces and formations, the administration of
places of compulsory confinement. Article 24 1. The provision to the Commissioner of information comprising state, commercial or other secrets protected by law, is conducted in accordance with the legislation of the Russian Federation. 2. The Commissioner has the right to refuse to give witness
testimony on a civil or criminal cases about circumstances that became
known to him in connection with the fulfilment of his obligations. Article 25 During the examination of complaints the Commissioner
is obliged to provide the state organ, the organ of local government or
the official, whose decision or action (inaction) is being complained
about, the possibility of giving their explanation of any questions, that
require clarification during the course of the examination, and also to
justify their position as a whole. Article 26 1. The Commissioner is obliged to inform the plaintiff of the results of the examination of the complaint. 2. In the case of the establishment of the fact of violation
of the rights of the plaintiff, the Commissioner is required to take measures
within the limits of his competence, defined by the current Federal Constitutional
Law. Article 27 The Commissioner is obliged to send his conclusion to the state organ,
organ of local government or official, in whose decision or actions (inaction)
he sees a violation of rights and freedoms of a citizen, which the conclusion
shall contain recommendations regarding possible and essential measures
for the restoration of the indicated rights and freedoms. Article 28 1. Before the handing down of a final decision, materials received during the investigation of the complaint, are not to be publicised. 2. The Commissioner does not have the right to publicise
information, that became known to him during the process of investigating
the complaint, about the private life of the plaintiff and other persons
without their written consent. Article 29 1. On the results of the examination of the complaint the Commissioner has the right: 1) to appeal to court with a declaration in defence of the rights and freedoms, violated by decisions or actions (inactions) of the state organ, organ of local government or official, and also personally or through his representative to participate in the trial in the procedures established by law; 2) to appeal to the competent state organs with a petitions for the initiation of disciplinary or administrative actions or a criminal case towards the official, whose decisions or actions (inactions) are regarded as a violation of the rights and freedoms of man and the citizen; 3) to appeal in court or to the prosecutor's office with an appeal to investigate the decision with the force of law, a court's sentence, determination or ruling of a court or a ruling by a judge; 4) to set out his arguments to the official, who has the right to make a protest, and also to attend the hearings of a court case as an observer; 5) to appeal to the Constitutional Court of the Russian Federation with complaints about the violation of constitutional rights and freedoms of citizens by laws, applied or to be applied in concrete cases. 2. A declaration or complaint, sent to the Commissioner
in accordance with sub-point 3 point 1 of the present article, is not
subject to state duties. Article 30 1. The Commissioner has the right to publish conclusions reached by him. 2. Periodical press publications, one of whose founders
(co-founders) are state or municipal organs, organs of local governrnent,
state enterprises, establishments and organisations or which are completely
or partly financed from the federal budget or the budget of a subject
of the Russian Federation, do not have the right to refuse to publish
conclusions and other documents of the Commissioner. Article 31 On the basis of the study and analysis of information about violations of rights and freedoms of citizens, generalisation of the results of the investigation of complaints, the Commissioner has the right: 1) to send state organs, organs of local government and officials his remarks and proposals of a general character, regarding the safeguarding of the rights and freedoms of citizens, and the improvement of administrative procedures: 2) to appeal to subjects with the right of legislative
initiative with proposals for amendments or additions to federal legislation
and the legislation of subjects of the Russian Federation or filling in
of gaps in federal legislation and the legislation of subjects of the
Russian Federation, if the Commissioner thinks that a decision or action
(inaction) of state organs, organs of local government or officials, that
violate the rights and freedoms of citizens, was committed on the basis
of and in fulfilment of federal legislation and the legislation of subjects
of the Russian Federation, or on the strength of existing gaps in federal
legislation and the legislation of subjects of the Russian Federation,
or in the case where the legislation contradicts universally recognised
principles and norms of international law and international treaties of
the Russian Federation. Article 32 1. In the case of gross or massive violations of the rights and freedorns of citizens, the Commissioner has the right to deliver a report to the next session of the State Duma. 2 The Commissioner has the right to appeal to the State
Duma with a proposal to create a parliamentary commission to investigate
the facts of violations of rights and freedoms of citizens and for the
conduct of parliamentary hearings, and directly or via his representative
to participate in the work of the relevant commission and hearings. Article 33 1. At the conclusion of the calendar year, the Commissioner shall send a report on his activity to the President of the Russian Federation, to the Federation Council and the State Duma, the Governrnent of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and the General Prosecutor's Office of the Russian Federation. 2. On specific questions of the observance of the rights and freedoms of citizens in the Russian Federation, the Commissioner may send special reports to the State Duma. 3. The annual reports of the Commissioner are to be officially
published in "Rossiskaya Gazeta", special reports on specific
questions can be published on the decision of the Commissioner in "Rossiyskaya
Gazeta" and other publications. Article 34 1. Officials are obliged to provide to the Commissioner, freely and without hindrance, requested materials and documents, and other information, that is necessary for the performance of his duties. 2. Requested materials and documents and other information
must be sent to the Commissioner no later than 15 days from the day of
receiving the inquiry, if a different period is not stated in the inquiry. Article 35 State organs, organs of local government or officials,
that receive the Commissioner's conclusions, containing his recommendations,
are obliged within one month to examine them and to inform the Commissioner
in writing about measures that have been taken. Article 36 Interference in the activity of the Commissioner aimed at influencing his decision, the non-performance by officials of obligations established by the current Federal Constitutional Law, and obstructing the activity of the Commissioner in other forms is subject to liability, established by the legislation of the Russian Federation. Chapter IV. THE COMMISSIONER'S STAFF Article 37 1. To guarantee the activity of the Commissioner, a working staff is to be created. 2. The working staff of the Commissioner shall perform legal, organisational, scientific-analytical, information-reference and other work to facilitate the work of the Commissioner. 3. The Commissioner and his working staff are
a state organ with the rights of a judical person, having accounts, seal
and letterheads with its name and the image of the emblem of the Russian
Federation. Article 38 1. The activity of the Commissioner and his working staff shall be financed from the federal budget. 2. The federal budget annually will provide a separate line on the funds essential for the activity of the Commissioner and his working staff. 3. The Commissioner shall independently work out and fulfil his estimate of expenditures. 4. The financial accounts will be presented by the Commissioner in the form established by the legislation of the Russian Federation. 5. Property, essential to the Commissioner and his staff
for the realisation of their activity, will be under their control and
remains state property. The Commissioner shall be provided with documents,
adopted by chambers of the Federal Assembly of the Russian Federation,
by documents, other information materials, officially distributed by the
administration of the President of the Russian Federation, the government
of the Russian Federation, the Constitutional Court of the Russian Federation,
the Supreme Court of the Russian Federation, the Supreme Arbitration Court
of the Russian Federation, the General Prosecutor of the Russian Federation,
other state organs, public associations, and other information and information
materials. Article 39 1. The Commissioner shall affirm the structure of the working staff, its regulations and its structural subdivisions, and directly head its work. 2. Within the limits of estimated expenditures, the Commissioner shall establish the number of staff and the manning pattern of his working staff. 3. On questions regarding the leadership of the
working apparatus, the Commissioner shall issue directives. Article 40 1. The material guarantee of the independence of the Commissioner, connected with the payment of wages, medical, social and other services, shall be established as applicable to the appropriate guarantees, provided for by law and other normative legal acts of the Russian Federation for officials, occupying official posts of the Russian Federation. 2. The rights, obligations and liability of employees
of the working staff of the Commissioner, and also the conditions of their
performance of state service shall be determined by federal laws and other
normative legal acts on federal state service, and also by labour legislation
of the Russian Federation. Article 41 Expert councils of persons, possessing the necessary experience in the field of the rights and freedoms of man and the citizen, may be created under the aegis of the Commissioner, in order to provide consultative assistance. Chapter V. FINAL STATEMENTS Article 42 The Commissioner is based in the city of Moscow. Article 43 In a period of no less than 30 days from the day of coming into force
of the current Federal Constitutional Law, the State Duma shall pass a
resolution on the appointment to the post of Commissioner, in accordance
with the procedures established by chapter II of the current Federal Constitutional
Law. Article 44 The current Federal Constitutional Law enters into force from the day of its official publication.
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