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2Galperin I.R. Essays on the style of the English language. - M.: Publishing house of literature in foreign languages, 2013. - 459 p.
Hung T.N. Tony. New English words in international English dictionaries // English Today, Vol. 18, #4. - N.Y., 2012. - P. 29 - 35.
Katsev A.M. Euphemistic neologisms in the English language Lexical semantics and phraseology. - M., 2013. - P. 64 - 74.
Metcalf A. Predicting New Words: The Secrets of Their Success. - Boston, MA: Houghton Mifflin Company, 2014. - 257 p.
Rets I. Teaching Neologisms in English as a Foreign Language Classroom // International Conference on Teaching and Learning English as an Additional Language, GlobELT. - Antalya: Procedia: Social and Behavioral Sciences, 2016. - No. 232. - P. 813 - 820.
Vinogradov V.S. Introduction to Translation Studies. - M., 2016. - 221 p.
Zabotkina V.I. New vocabulary of modern English. - M: Higher. school, 2012. - 358 p.
Oxford dictionary online. Retrieved 2019, from https://en.oxforddictionaries.com/definition/neologism
The Rice University Neologisms Database. Retrieved 2019, from https://neologisms.rice.edu/index.php?a=index&d=1
Urban dictionary. Retrieved 2019, from urbandictionary.com
Word spy. Retrieved 2019, from wordspy.com
TRENDS IN THE DEVELOPMENT OF "OMBUDSMAN" DEFINITION IN MODERN LEGAL SOCIETY
The relevance of the problem under study is due to the increased role of the ombudsman institution in the modern legal society. The aim of the study is to generalize approaches to the concept of "ombudsman" through the prism of modern development trends and the requirements of society to protect fundamental rights and freedoms in the legal space. The leading approach to the study of this problem is the formal legal and historical methods. The study resulted in a collective definition that revealed the essence of the phenomenon under study, and highlighted the main directions of improving the institution of a public official appointed to investigate violation of human rights. These provisions formed the basis of the conclusion on the results of the legal and theoretical framework analysis. The research materials can be used for further study of the ombudsman institution.
Keywords
ombudsman, human rights and freedoms, legal protection, control, efficiency, trends, mediator
AUTHORS
Zhanna B. Ryzhova,
Senior Lecturer, Mid-Volga Institute (branch) of the All-Russian State University of Justice (Russian Law Academy under the Ministry of Justice of Russia), Saransk 6, Fedoseenko Street, Saransk, 430003, Russia
Maria V Palchikova,
Candidate of Law, Associate Professor, Mid-Volga Institute (branch) of the All-Russian State University of Justice (Russian Law Academy under the Ministry of Justice of Russia), Saransk 6, Fedoseenko Street, Saransk, 430003, Russia
Oksana A. Barshova,
Candidate of History, Associate Professor, Mid-Volga Institute (branch)
of the All-Russian State University of Justice (Russian Law Academy under the Ministry of Justice of Russia), Saransk 6, Fedoseenko Street, Saransk, 430003, Russia
1. Introduction
1.1. Urgency of the problem
The modern development of society dictates certain trends in the protection of the fundamental rights and legitimate interests of an individual as the highest value. In this regard, the institution of ombudsman in the legal systems of the countries of the world seems to be an important mechanism for protecting basic human values and strengthening the rule of law in government bodies activity [8, p. 23].
Terminologically, this phenomenon is represented by various approaches that determine the nature and content of ombudsman institution. Historically, we can find the following definitions. The Scandinavian peoples (Sweden, Norway) defined the word "ombud" as "strength" and "authority". Initially, this word denoted a person - an ambassador or a delegate who addressed a message to the people on behalf of the king. Medieval Germanic tribes called "ombudsmen" those persons who were charged with collecting fines from families guilty of crimes in favor of the victim's family. It should be noted that such semantic meanings are generally preserved at present. The Ombudsman may be considered as an authoritative representative of other persons, a defender of the interests of the weak from violations by the strong.
1.2. Exploration of the problem importance
The 1809 Constitution of Sweden provided the first ombudsman appointed by parliament. It was Lars Mannerheim in 1810. The mandate of the parliamentary ombudsman implied prosecution for government officials who were not doing their job properly or breaking the law when any different kind of investigation was not necessary.
This was the birth of the investigative report of the modern ombudsman. Ombudsmen who receive and investigate complaints concerning human rights violations.
Today, many countries have adopted the concept of ombudsman. The International Ombudsman Institute is a branch of more than 150 national institutions of ombudsman type.
On the website of ombudsman in Chile, they say that dictionaries define ombudsman as a public official who investigates complaints against the government or its officials. According to his functions, an ombudsman was also described as a public defender, complainant, guard over law enforcement agencies, citizen's voice and citizen's adviser. In fact, the ombudsman protects citizens from injustice committed by civilian officials [10].
The International Association of Lawyers has a formal approach to the definition of ombudsman institution, describing this activity as "a service provided by the Constitution or legislative act and headed by an independent public official of high rank who is responsible to the legislature and receives complaints from victims of government bodies, employees, employers or acts at his discretion and is authorized to conduct an investigation, recommend corrective actions and submit reports" [3, p. 21].
In the British Encyclopedia (1972), the ombudsman is defined as "an authorized legislative body that is sanctioned to deal with citizens' complaints about abuses of the bureaucratic apparatus" [4, p. 96]. The World Encyclopedia (1972) refers to the ombudsman
as an independent public official investigating citizens' complaints regarding government officials [9, p. 86].
In Russia, the Encyclopedic Dictionary "Constitution of the Russian Federation" defines the ombudsman as a person authorized by the parliament to monitor the observance of the legitimate rights and interests of citizens in the activities of executive bodies and officials [6, p. 141].
The Legal Encyclopedia contains a similar definition: an ombudsman in a number of countries is a special parliamentary official who monitors the legitimacy of actions of state bodies and observance of the rights and freedoms of citizens [7, p. 287].
A number of authors, summarizing the various approaches, gives the ombudsman a number of control powers in the form of extensive supervision of all government posts, but without the right to change their decisions [5, p. 44].
2. Materials and Methods
The objectives of the study are to use the examples of European and American countries and to consider the genesis of the ombudsman concept and the related extension of the human rights commissioners' powers. To analyze in a comparative way global and Russian trends in expanding the powers of the ombudsman, including new rights and possibilities of defense in the sphere of his interests, and returning to the original semantic meaning of the word "ombudsman".
The ombudsman institution, being one of the elements in the system of political and public control over the administrative apparatus, along with other control institutions, does not allow separation of the bureaucracy from society, provides the situation in which an ever-growing government apparatus serves a person, society, and not itself or any other elite group. Despite all the differences in various national legal systems, the main functions of the ombudsman are: 1) assistance in restoring the rights of citizens violated by public authorities; 2) promoting the effective work of state power; 3) function of mediation between society and government; 4) function of extrajudicial proceedings [1, p. 25].
3. Results
The ombudsman institution is developing steadily, expanding its authority every year.
For example, the ombudsman of New Zealand, existing since 1962, includes in its commission the fight against torture under the Convention Against Torture Act 1989 (CATA). CATA fulfills New Zealand's obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). The goal of the OPCAT is to create a system of regular and independent visits to places of detention in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. The ombudsman is responsible for visiting prisons, places of detention for immigrants, places of detention for health and disability reasons, places for the care of children and their protection, as well as places of justice. The ombudsman monitors and makes recommendations for improving the conditions of detention and treatment of detainees; in 2009, he got the opportunity to comment on applications for authorized access to personal information in the vehicle registry at the Ministry of Transport.
In October 2010, the ombudsman, together with the Commission on Human Rights and the Coalition of the New Zealand Convention, took on the role of an independent mechanism responsible for protecting and monitoring the implementation of the United Nations Convention on the Rights of Persons with Disabilities [11].
The Declaration of Human Rights and Freedoms of the Citizen of the Russian Federation of November 22, 1991 established the legal basis of ombudsman institution in Russia. The next step in introducing the post of ombudsman was Art. 45 and 103 of the Constitution of the Russian Federation, adopted in 1993. Article 45 of the Basic Law guarantees state protection of the rights and freedoms of person and citizen in Russia, and Art.103 gives parliament the right to appoint and remove the ombudsman. An additional incentive to legalize the status of ombudsman was the decision of Strasbourg on the application of Russia for membership in the Council of Europe in January 1996. Its paragraph V, in particular, read: "... it is expected that a new law about the role and activities of the Office of the Commissioner for Human Rights will be adopted in conformity with Council of Europe standards."
Even before the law on the commissioner was adopted, the State Duma, within the framework of the inter-faction agreement, assigned his duties to the well-known human rights activist S. A. Kovalev (appointed on January 17, 1994 and relieved of his post on March 10, 1995).
After all the approval procedures, the Federal Constitutional Law "About the Commissioner for Human Rights in the Russian Federation" was adopted by the State Duma on December 25, 1996 and signed by the President of the Russian Federation on February 26, 1997; it officially came into force on March 4, 1997.
It should be noted that the Russian law does not use the term "ombudsman" directly, replacing it with its domestic equivalent, the Commissioner for Human Rights.
However, with all the variety in the names, the term "ombudsman" is collective and represents a generic concept, an example of a special service that is not similar to other government and public structures.
However, unlike other institutions for the protection of civil rights and freedoms, the ombudsman is an essential part of such a mechanism, since he can be guided not only by legal norms and by principles, but also act on the basis of moral considerations and ideals of justice [2, p. 2].
The national institution of Human Rights Commissioners in the Russian Federation, as understood by the Pan's Principles, has a history of over twenty years. It includes personified state bodies in the form of the Commissioner for Human Rights in the Russian Federation (federal level) and Human Rights Commissioners in the constituent entities of the Russian Federation (regional level). These state bodies are not interconnected by subordination, but represent independent, autonomous structures that do not replace existing mechanisms for the protection of human rights, but supplement them, acting in close coordination with civil institutions for the protection of human rights.
This two-tier system represents the uniqueness of the state human rights protection architecture of the Russian Federation. In addition, the posts of the Commissioner for the Protection of the Rights of Children, the Commissioner for the Protection of the Rights of Businesspersons have been established in Russia; there are Commissioners for the Rights of Children, Commissioners for the Protection of the Rights of Businesspersons, and Commissioners for the Rights of Indigenous Minorities in a number of regions.
Close interaction between the two levels of the state human rights protection system -the Commissioner for Human Rights in the Russian Federation (hereinafter referred to as the Commissioner) and the Commissioners for Human Rights in the constituent entities of the Russian Federation (hereinafter referred to as the Regional Commissioners) - takes various forms: mutual assistance in resolving complaints; joint receptions of citizens, including the mode of video conferencing; holding coordination councils and other joint activities; dissemination of best human rights protection practices; participation of regional representatives in the Expert Council under the Commissioner for Human Rights in the Russian Federation etc.
The most important platforms for exchanging experience in solving significant problems of ensuring the rights and freedoms of a person and citizen are the Council of Commissioners for Human Rights, which includes the Commissioner and Regional Commissioners - chairmen of the coordination councils of federal districts, as well as the Coordinating Council of Russian Commissioners for Human Rights.
The constitutional and legal position of the Russian Federation is based on the fact that the subjects of Russia independently determine the system of state authorities, and also use the opportunity to establish other public bodies similar to federal ones.
The institution of the Commissioner for Human Rights was the issue of the will of the federation subjects. Therefore, it was not established in all, but only in 65 Russian regions.
The Institute of the Regional Commissioner for Human Rights in the Russian Federation, like a similar institution of national importance, is very new to Russia. The purpose and essence of the regional (territorial) ombudsmen are similar to those institutions at the national level.
So, for example, the institution of ombudsman for Civil Administration of the Rhineland-Palatinate Land was established in 1974, and the institution of ombudsman for Social Affairs of the Land of Schleswig-Goldstein appeared in 1988 in West Germany. The institutions of regional ombudsmen were created in one form or another: in Israel - the ombudsman of Jerusalem; in the UK - the local Commissioners for Administration of England, Wales, Scotland; in Canada - the ombudsman of Alberta Province, the Public Defender of Quebec Province, the Commissioner for Public Investigations (ombudsman) of Nova Scotia Province, etc. In the United States, as it was noted earlier, ombudsman institutions were established in individual states: Oregon, Hawaii; New Jersey Public Attorney, Minnesota Prison Ombudsman, etc. In Jamaica and France, there are ombudsmen in metropolitan cities in addition to national ombudsmen: in Jamestown and Paris, respectively. Institutions of regional ombudsmen have also been established in the states of India, Australia, regions of Italy, and Austrian lands.
The reasons for the establishment of a regional ombudsman institution are basically the same as for the federal one, but taking into account the specifics of the local territorial problems concerning human rights protection. We will try to identify and list these reasons.
So, the need for the institution of the Commissioner for Human Rights in the subject of the Russian Federation, firstly, is due to the fact that it is in the regions that citizens exercise their rights and, if they are violated, protect and restore them. Also, let us note that in the constituent entities of the Russian Federation, the state represented by the authorities of the constituent entity of the Federation is closest to the population. In this situation, the Commissioner for Human Rights in the region has a specific role in overcoming the traditional separation of state and civil society.
We believe that the establishment of the institution of the Commissioner for Human Rights in the constituent entity of the Russian Federation is largely associated with the assignment to it the government control functions in the person of public authorities of the constituent entities of the Russian Federation and their officials.
Another reason for establishing the institution of the Commissioner for Human Rights in the constituent entities of the Russian Federation is the need to legitimize power, to overcome the nature of the Soviet system.
The next reason for introducing the institution of the Commissioner for Human Rights in the constituent entities of the Russian Federation was the need to establish a relatively inexpensive and easily accessible institution for resolving conflicts between government bodies and their officials. Taking into consideration that the majority of the Russian population lives below the poverty line or is close to it, and, therefore, is not always able to use other means of protection, it is the institution under consideration, due to its accessibility, gratuitousness, publicity, and widespread self-propaganda among citizens as
human rights protector, allows the least protected members of society to find a positive state reaction to the violation of their rights and freedoms. This, in turn, directly affects the calmness of public life in a particular region of the Russian Federation, allows to avoid open massive conflicts between citizens and the authorities, and creates a visible and real agreement between them.
Five groups of the Russian Federation subjects can be distinguished depending on how the position of the Commissioner for Human Rights is fixed in regional legislation.
The first group includes those constituent entities of the Russian Federation that devote separate articles of their main laws to the Commissioner for Human Rights. They usually have the special name "Commissioner for Human Rights". There are options when a set of articles in the constitution or charter of the region is devoted to this institution. A vivid example may be art. 47, 48, 63 of the Pnmorsky Territory Charter; art. 14, 39 of the of the Kemerovo region Charter, etc.
The peculiarity of the classification group under consideration is in the fact that the adoption of the regional law on the Commissioner for Human Rights occurred either before the relevant amendments to the Main Law of the subject were made or simultaneously with its adoption.
The second classification group consists of the constituent entities of the Russian Federation, which in their constituent documents published articles about the post of the Commissioner for Human Rights in the chapter devoted to human and civil rights and freedoms. An example is art. 14, 29 of the Stavropol Territory Charter; art. 3, 23 of the Arkhangelsk region Charter; art. 3 of the Volgograd region Charter.
As a rule, the charters of these entities stipulate that the protection and exercise of all human and civil rights and freedoms is guaranteed on the territory of the constituent entity of the Russian Federation. In order to protect (control over observance) rights and legitimate interests, an institution (position is established) of the Commissioner for Human Rights is established. Moreover, these norms are not only constituent in nature. They also prescribe the procedure for appointing an ombudsman, his term of office, the requirements for him, etc.
The third group covers the subjects of the Russian Federation, in the constitutions and charters of which the Commissioner for Human Rights is mentioned only in the context of securing the powers of the legislative (representative) body of the subject. For example, art. 81, 113 of the Constitution of the Republic of Dagestan; art. 16, 19, 20 of the Kaliningrad Region Charter. No characteristic chronological features relating to subjects of the third group were found.
The fourth group includes subjects of the Russian Federation which constitutions and charters have formulated the provisions on the institution of the Commissioner for Human Rights differently from others: for example, by securing the right of legislative initiative (Charter of the Moscow Region - articles 19, 4217).
Despite the constitutional and (or) legislative establishment of the institution of Commissioner for Human Rights in most entities, the idea and practice of regional ombudsman is not universally supported. Such regions make up the fifth group, which is still quite numerous.
The development and specialization of the institution of the Commissioner for Human Rights at the regional level is directly determined by the versatile activities of the ombudsmen to restore violated rights of citizens, improve legislation, promote international cooperation, legal education, etc. The positive experience of such activities is noted by citizens and their public associations, as well as by government bodies.
Thus, the institution under consideration was developed in several directions at the level of the constituent entities of the Federation.
Firstly, the appointment of assistants to the regional Commissioners. They gained such experience in Bashkortostan. There, the regional Commissioner for Human Rights can appoint trusted representatives on a voluntary basis (Article 39 of the Law of the Republic of
Bashkortostan "About the Commissioner of the Republic of Bashkortostan for Human Rights"). Nominations for this activity are recommended by representative bodies of local authorities. Pursuing this rule of law, authorized representatives of the Commissioner were appointed on a voluntary basis in all regions and cities of the Republic of Bashkortostan. At the same time, residents were widely informed about the establishment of a new institution of authorized representatives of the Commissioner.
The experience of the Republic of Bashkortostan is not unique. The institutions of public assistants of the Commissioner for Human Rights were also introduced in Saratov and Sverdlovsk regions. However, this was not reflected in the relevant laws of the constituent entities of the Federation.
The introduction of the institution of public assistants to the regional Commissioners for Human Rights shows:
their understanding of the need to increase the effectiveness of their activities;
the desire to bring the institution of the Commissioner for Human Rights in the subject of the Russian Federation closer to the population. This area of the regional Commissioners' activity directly contributes to the further development of the regional ombudsman institution in Russia [12].
The second direction of the development of the institution of the Commissioner for Human Rights in the constituent entities of the Russian Federation is the introduction of specialized Commissioners for Human Rights in the constituent entities of the Russian Federation in accordance with regional legal acts.
As a rule, the legal status of specialized Commissioners is determined by the fact that the institution of a specialized Commissioner for Human Rights is embedded in the executive branch of the constituent entity of the Federation, and specialized Commissioners are appointed by the head of the executive branch of the corresponding constituent entity of the Federation.
The Commissioner for Children's Rights is a typical example of a specialized ombudsman in the region.
The experience of the regional Commissioners for Children's Rights indicates that this institution has become an important link in the state system for ensuring the rights and legitimate interests of children, occupying its niche in the current system of state bodies that promote the observance and protection of children's rights, not replacing the activities of other entities, but acting in close contact with them.
Recently, the posts of "specialized" ombudsmen, working in specific areas of human rights protection (consumer rights, army affairs, tender issues, discrimination issues, etc.), have been actively introduced. For example, Federal Law dated 04.06.2018 No. 123-03 "About the Commissioner for the Rights of Financial Services Consumers" provides for an appeal to him as a mandatory pre-trial instance in disputes relating to compulsory motor third-party liability insurance. It seems that giving the quasi-judicial or quasi-administrative functions to the Commissioner is unnecessary from the point of view of systematic law, but it is certainly true from the point of view of the word semantics.
4. Conclusion
Thus, the ombudsman, or the Commissioner for Human Rights, is both an institution and a state body for human rights protection that carries out its activities in order to respect the rights and freedoms of an individual in his relations with the state, which should contribute to the improvement of a single person and the harmonization of public relations.
Taking into consideration the long history of the formation and development of the institution in question, as well as the opinions of legal scholars, it is worth noting that the ombudsman has become increasingly independent among state bodies in recent years. This direction is also due to the active development of the regulatory framework with
regard to the term of his office, the more complicated procedure for removal from office, and the increased role of the ombudsman as a controlling body, which actually performs the function of general, non-departmental supervision. These modern principles of the ombudsman's activities are included in the draft Declaration of European Ombudsmen. The representatives of the Russian Federation are among those who work it out.
The emergence of new "specialized" ombudsmen is one of the main trends in the modern development of the ombudsman institution. In addition, according to a number of researchers, this institution should be collegial, independent, having the status of a senior official, performing many functions in their areas of activity. The role of the ombudsman personal qualities, the degree of his humanity and respectful attitude in society are increasing.
These circumstances can lead ultimately to more effective work of the ombudsman as an authority, and will serve as an additional guarantee in the field of protecting the rights and freedoms of the country's population.
REFERENCES
Vagizov R.G. The concept of ombudsman (Commissioner for Human Rights) in the modern legal doctrine // Russian Justice. 2008. № 11. S. 24-28.
Vagizov R.G. Domestic mechanism for the implementation of international standards and norms in the field of civil and
political human rights (Russian Federation and the Republic of Tatarstan): author. dis____Cand. legal sciences.
Kazan, 1998. 23 p.
Komarova V. V. Commissioner for Human Rights in the Russian Federation // State and Law. 1999. № 9. S. 21-26. Melik-Dadaev I. A. The Ombudsman's institution (history, main functions and peculiarities of activity in Scandinavian countries) // Scientific information on the state of crime and the fight against it in Scandinavian countries. 1986. No. 94. P. 96-100.
Matveev S. N. Constitutional (statutory) legal basis of the status of the Commissioner for Human Rights in the subjects
of the Russian Federation: dis. ... Cand. legal sciences. Kazan, 2004. 196 p. Tumanov V. A. Constitution of the Russian Federation: Encyclopedic dictionary. / V. A. Tumanov, V. E. Chirkin, Yu. A. Yudin;
Head auth. collective S. M. Shakhrai. - 2nd ed., Revised. and add. - M.: Big Rus. Encycl.: Yurist, 1997.320 p. Tikhomirova L.V. Legal Encyclopedia. M.: Yurinformtsentr, 1997. 525 p.
Man, Law, Civilizations: Normative-Value Dimension: Monograph / Ye.A. Lukasheva; Institute of State and Law RAS. -
M.: Norma: SIC INFRA-M, 2013. 384 p. The World Book Encyclopedia. Field Enterprise as Educational Corporation // Holert N. Corrol. N. Y., 1972/V. 14. 574 p. Official website of the Ombudsman in Chile https://www.ombudsman.gov.ph/about-us/history/ Official website of the Ombudsman in New Zealand http://www.ombudsman.parliament.nz/about-us/history Markheim M.V. The correlation of the regional ombudsman's service development in Russia // Scientific reports of Belgorod State University. Series: Philosophy. Sociology. Law. 2014. No. 16. p. 152.
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