Институт Уполномоченного по правам человека как основная форма внесудебной защиты прав и свобод человека: российский и зарубежный опыт формирования

Abstract

The article is devoted to the problems of formation and activity of the institute of the Commissioner for Human Rights in the Russian Federation and some foreign countries. The authors used a comparative approach to identifying the essence of the functioning of the ombudsman institution. Attention is focused on the gradual transformation of the institution of the Commissioner for Human Rights along the path of its functional specialization. At the same time, this institution remains the main form of non-judicial protection of human rights and freedoms, since its activities contribute to complementing the existing means of protecting the rights, freedoms and legitimate interests of a person and a citizen, does not cancel and does not entail a revision of the competence of state authorities and their officials ensuring the protection and restoration of violated rights, freedoms and legitimate interests of a person and a citizen. The result of the study is the formulation of conclusions about whether it is advisable to build a system of bodies for the protection of individual rights and freedoms in the sphere of joint jurisdiction of Russia and its subjects