Information and Analytical Center of Nizhny Novgorod Society for Human Rights

INTRODUCTION

A) DRAFTSPERSONS

Regional social organization "Human Rights Society of the Nizhniy Novgorod region". Address: room 122, 2, Okskiy Syezd, Nizhniy Novgorod, 603022, Russia, tel/fax (8312) 30-07-14, 34-04-88, e-mail: hrnnov@glasnet.ru.

Human Rights Group was founded in 1990 and became the first human rights organization in Povolzhye. In 1993 the group founded social organization - Human Rights Society of the Nizhniy Novgorod region. The society units members of different regional human rights organizations - International human rights society, International amnesty, Memorial, Association of victims of political repressions. The re-registration of the Society regulations was fulfilled in 1996 in the Department of Justice of the Nizhniy Novgorod region (Certificate 401 April, 18 1996).

The chairperson of the Society is Mr. Shimovolos Sergey Michailovich, tel. (8312) 30-07-14, 34-04-88.

Basic trends of activity

Victims rights protection, reform of prison and justice systems

The members of the Society consult on human rights' questions, work with letters, visit penal institutions, give charitable help to penitenciar organizations of the Nizhniy Novgorod region. The Regional observation commission was founded in 1993, the Board of guardians of penal institutions was organized in 1995 and the League of victims' mothers was formed in 1998 on the initiative of members of the Society. Since 1997 the programs of charge progress and victims' rights protection have been working. The brochure "Charge of penal institutions" was published with the results of the work. Since October, 1 1996 constant social Consulting-room is open for victims and their relatives in Human Rights Society of the Nizhniy Novgorod region.

Since 1992 Human Rights Society of the Nizhniy Novgorod region cooperates with Social centre of promotion the reform of criminal justice, take part in development and fulfillment of the projects and programs of the Centre. The materials of Human Rights Society of the Nizhniy Novgorod region were used by the Centre for preparing independent investigations and reports.

Enlightment

Since 1993 the Society publishes the newspaper "Rights Protection" ("Nizhegorodskiy listok" was its first name), which is being distributed with human rights organizations and population, and also is being sent to more than 70 addressees in Russia and abroad. Normative acts on human rights are always being published in the publication. Every year the members of the society organize educational and methodical workshops, "round tables" on human rights. Since 1994 the Society fulfills the program "my library" with the aim of provision penitenciar organizations, penal institutions first of all, with books (more than 7000 books have been sent). The members of the Society constantly send information to broadcasts of "Radio of Russia".

Since 1994 Human Rights Society of the Nizhniy Novgorod region organize workshops on problems of justice and human rights. On May, 28 1997 the workshop "The application of international public right at the court" was organized; on December, 9 1998 the regional scientific-and-practical conference "Human rights in the Nizhniy Novgorod region: achievements and problems" was conducted.

Legal help to citizens

Since 1994 the Society constantly receive citizens. Every month the Society gets about 100 letters, telephone works in the regime of "hot line". The members of the Society consult citizens on human rights and help visitors in making statements, appeals to state organizations. The members of the Society take part in trials. Matters connected with the existence of registration institution were the most successful. Since 1995 experts of Human Rights Society of the Nizhniy Novgorod region prepare documents on violations of human rights for presentation to international organizations, such as Human rights commission at the United Nations, International Organization of Labour Committee, European court on human rights. The members of the Society investigate accidences of torture, take part in rending help to refugees and rehabilitated political repressions' victims. More than 2000 people appealed to the Consulting-room for help.

Legislative and analytical work on human rights

In 1996 the database of normative acts on human rights was created for being spread about human rights organizations in Russia; some changes and additions were made in the database in 1998. In 1997 Human Rights Society of the Nizhniy Novgorod region prepared a report "Tortures in the Nizhniy Nivgorod region". Experts of Russian and international human rights organizations gave a high mark to the report. Activists of the Society as experts take part in preparation and valuation of regional and federal legislation.

Draftees' protection and their rights for alternative civil service

Since 1990 the members of the Society protect draftees, who wish to use their rights for alternative civil service. In 1995 draftees created Nizhegorodskiy peacemaking group. The members of the Human Rights Society of the Nizhniy Novgorod region with the soldiers' mothers Committee protect servicemen against tyranny in the army. In 1998 the group was registered as independent organization.

Human rights initiatives

During chechenskiy conflict the Society twice sent its observers to the zone of warfare. Gathered information and materials were spread about mass media areas.

Since 1990 the members of the Society are constant observers of International human rights society at federal and local elections, which take place in the Nizhniy Novgorod region.

The members of the Society take an active part in helping refugees and rehabilitated political repressions' victims. Since 1996 the Society initiate the development of human rights groups and Consulting-rooms in the region. The departments of the Society work in such cities of the Nizhniy Novgorod region: Dzerzhinsk, Zavolzhye, and Krasniye Baki. In 1997 Human Rights Society of the Nizhniy Novgorod region created Human rights commission at the administration of the Nizhniy Novgorod region; four members of the Society are included into the commission. Since 1998 the Society helps citizens with problem of violations of women rights. In April of 1998 Human Rights Society of the Nizhniy Novgorod region acted a public campaign on voters rights protection in connection with abolishment of results of electing a head of the local self-government. The Society gained the consideration of voters complaints on violation of their rights with the help of daily picketing the building of local court.

Nizhegorodskiy human rights society maintains relations with museum of A.D.Sacharov.

The members of Human Rights Society of the Nizhniy Novgorod region assisted drafting this report:

The partnership organizations assisting compilation of the report are:

B) GENERAL CHARACTERISTIC OF THE SUBJECT OF RUSSIAN FEDERATION[1]

The Nizhniy Niovgorod region is a subject of Russian Federation. There are 49 areas in the Nizhniy Novgorod region. Nizhniy Novgorod is a regional center.

The legislative authorities are: the Nizhniy Novgorod regional Assembly consisting of 45 deputies, the Chairperson of the Assembly is Mr. Kozeratskiy Anatoliy Aleksandrovich.

Administration is an executive authority of the Nizhniy Novgorod region. The leader of the executive authority is the Head of the administration of the Nizhniy Novgorod region Mr. Sklyarov Ivan Petrovich.

In the Nizhniy Novgorod region Supreme judicial power belongs to regional court of Nizhniy Novgorod and to the Nizhniy Novgorod regional court of Arbitration. The leader of the supreme judicial authority is the Chairperson of the Nizhniy Novgorod regional court Mr. Vorobjov Valeriy Nikolayevich. The Chairperson of the Nizhniy Novgorod regional court of arbitration is Mr. Balandin Boris Alekcandrovich. The department of the Federal court of Arbitration of Volgo-Vyatskiy area is situated in Nizhniy Novgorod. The Chairperson of the Federal court of Arbitration is Mrs. Grosheva Galina Ivanovna.

The general political orientation of the electorate speaks the following (the results of parliament voting in 1996):

There are 19% of votes for the Communist party of the Russian Federation, 12% of votes for the Liberal Democratic Party of Russia, 11% votes for the party '''Yabloko'' and the National Democratic party of Russia. But political passion of inhabitants is not obvious, the most part of the population is indeferent to politics. In 1998 95% voted deputies of Legislative Assembly were not members of any political parties; they were managers of large-scale enterprises, commercial structures, leaders of local authorities of self-government. Voters were guided not by political orientation of candidats, but by their programms.

Demographic data

At the end of 1998 the population of the Nizhniy Novgorod region was 4682 thousand people, 78,2% urban and 21,8% rural population. The population of Nizhniy Novgorod was 1365 thousand people.[2]

The population consists of 19,1% children and teenages up to 15 years old (18,7% urban and 20,1% rural), 56,3% able-bodied population (58,7% urban and 48,0% rural) and 24,6% people at the pension age (22,6% urban and 31,9% rural).

During the period of time, from December till January 1998, 28482 born people and 58378 deceased were registered. The decrease totaled 29896 people.

There were 7,7 born people and 15,8 deceased for every 1000 people. The death-rate totales 14,5 promillem in the urban locality and 20,6 promille in the rural one.

Migration processes influence on a demographic situation in the Nizhniy Novgorod region. 30011 people came to the region in 1998, and 15272 people left it. The positive saldo of migration was 14739 people, includiong 7849 people as the expense of the exchange with other regions of the Russian Federation and 7212 people as the expense of the exchange with the countries of CIS and Baltic countries.

The migration growth compensated natural decline losses in population for 19,3%. The absolute losses in the population totaled 15157 people.

Economics

According to the data of regional Department of the finance the incomes of the funded budget totaled 8459,5 million Roubles, the expenses are 8710,9 million Roubles, the total sum totaled 4538,1 million Roubles. Taxation totaled 59,5% in 1998 and 70,8% in 1997.

During December and January builders put 1307 houses into explotation (with accomondation of 448,7 thousand square meters), that is for 20% less than in December and January in 1997.

Standarts of living and incomes of the population

In December, 1998 an average monthly income totaled 979,8 Roubles.

The nominal pecuniary incomes of the population in December and January 1998 were 29406,2 million Roubles, it increased for 0,7% in comparison with the same period of time in 1997. The real contents of the pecuniary incomes was reduced twice in comparison with December, 1997.

In January, 1999 an average size of monthly pension (with compensatory disbursements) totaled 399,5 Roubles, minimal pension was 228,3 roubles (There were 74,8 thousand receivers), that is 88,6% and 50,6% of the size of a minimal living wage of retirees. An average size of a pension totaled 35,7% of an average salary.

The cost of a monthly set, which consists of 25 basic products, was 408,50 Roubles on December, 28 1998.

Unemployment rate

An average number of workers, which work at large and average enterprises of the region, totaled 1227,6 thousand people in September, 1998 and had decreased in comparison with September, 1997. The difference was 31 thousand people (2,5%).

During the period of time from January till September 112,8 thousand people worked in the regime of a part-time on the initiative of administration, among them 75,0 thousand people worked at an industry. An amount of workers, who got holidays upon initiative of administration totaled 140,5 thousand people during nine months, 24% workers had their holidays without wage conservations. There were 27 days of holidays for every worker upon initiative of the administration.

44,7 thousand unemployed citizens were registered in the end of December, 1998, according to the data of the regional centre of employment.

At the end of December 1998 the level of the officially registered unemployment constituted 2,21%, according to the data of the regional centre of employment.

An amount of registered unemployeds consisted of women (59,6%), youth at the age of from 16 till 29 years old (27,7%) and unemployeds, living in a countryside (23,3%). 97,6% of citizens from an amount of addressed people got an unemployment benefit. The highest level of unemployment was in such areas as: Kulebakskiy (13,6%), Navashinskiy ( 9%) and Krasnobakovskiy (8,2%).[3]

The loading for unemployed population registered at a service of employment totaled 3,1 men for one stated vacancy on January 1, 1999.

Wages

In December 1998 an average charged wages totaled 1118 Roubles and had increased in comparison with November, 1998.The difference was 21,8%.

In the following organizations average wages were more than average ones in the region:organizations of transport (1321,4 Roubles), communication (1443,2 Roubles), construction (1311,8 Roubles), finance, crediting, insurance (4987,8 Roubles), judicial and legal organizations (3071,3 Roubles).

Still, the most underpaid workers in the area are the workers of an agriculture (581,5 Roubles), forestry (703,1 Roubles), public health services (816,3 Roubles), national education (747,6 Roubles), culture and art (785,7 Roubles), workers of village administrations (771,6 Roubles).

Enterprises and organizations effected disbursements of social character as partial compensation of prices-rising for goods and services. In December, 1998 the size of disbursements came to 26 Roubles for a worker.

On January 1, 1999 the sum of overdue debts on wages totaled 1081 million Roubles. In comparison with December 1 it had decreased for 14%. 76,4% from the total sum of debts are debts with duration of more than two months. Among other regions the Nizhniy Novgorod region is on the 24th place according to its debts.

Offences

According to the data of the Department of the Interior of the Nizhniy Novgorod region 56,3 thousand crimes were registered during 1998, that is more than last year for 4,2%.

According to 10 thousand inhabitants in 1998 the criminality level increased for 4,6% in comparison with last year and totaled 152 crimes. In such cities as: Nizhniy Novgorod, Arzamas and Dzerzhinsk and also in 15 areas of the region the level of criminality exceeded an average regional parameter.

From the general number of crimes disclosed in 1998 4,3 thousand crimes (or 10,7%) were accomplished by the minors or at their complicity (last year they were 4,3 thousand or 11.5%).

C) GENERAL CHARACTERISTIC OF HUMAN RIGHTS SITUATION

According to the assessment of events and tendencies in 1998 it is necessary to note a significant aggravation of the relation of authorities to the obligations in ensuring human rights and freedoms.

Unpunished ignoring of legislative standards, which guarantees the observance of human rights wvokes serious concern. In the most expressive ways shown in judicial sphere, in ensuring freedom of electing a place of living and in the observance of minimal standart conditions of content of convicted persons.

One of the most significant problem is an ensuring of social guarantees for invalids and dependent categories of citizens by the state. The basic non-payments (detention of pensions, grants) were a hard burden for provided people. An chievement of 1998 (the execution of the federal Act "About veterans") did not make much influence on the situation, as privileges for this social group are not connected with the level of incomes.

It is possible to consider the level of ensuring of rights of freedoms of business and private properties as satisfactiry, that is protected by courts more or less effectively. At the same time official functionaries applications about arbitrary changes of treaty obligations and patterns of ownership make alerted.[4]

In the Nizhniy Novgorod region there is a freedom of religion and the right to association.

It is possible to consider an ensuring of the following number of basic laws of master and servant of citizens as satisfactory: protections against forced labour, right to collective labour disputes, associations in labor unions. The situation with the detention of wages in budgetary sphere is intolerant.

The unconditional human right to vote heads of executive boards of authority guaranteed by Item 42 of Constitution of Russia is not provided. The cancellation of voting results at the voting of a mayor of Nizhniy Novgorod is unprecedented violation of voting rights and it requires an application of punitive measures to guilty persons and a modification of the legislation with a purpose of prevention of such actions in the future. There are legal limitations in voting of heads of administration to the local self-government in Nizhniy Novgorod and in the areas of the region.

The illegal bases for limitation the freedom of movements are kept in the region. The order of the House of Assembly "About the order of staying in the territory of the Nizhniy Novgorod region the persons, who constantly live outside the region" from August 15, 1994, establishing the obligatory order of registration, actually legalized the limitation the freedom of movements. This act together with administrative pressure of regional authorities appreciably kept the institute of registration in the Nizhniy Novgorod region.

The problem of illegal methods during investigation and inquest, physical violence, including tortures do not lose an acuteness. During last year no one accident of violence was officially considered as a torture and no one sufferer got any protection.[5]

In actions of law enforcement bodies (first of all at conducting checkings of observance of a passport system) the national discrimination first of all to visitors from the Caucasus, China and Korea are shown. It is necessary to note, that the concept "discrimination" is used in international law and covers a wide spectrum of signs of oppression, limitation or privileges, it is not used in the right-protective sphera. The rights of stateless persons are not defended, including Russian-speaking people, coming from the countries of CIS.

There is not an observance of human rights to acquaintance with documents directly concerning their rights and freedoms, guaranteed by Item 30 of the Constitution of Russian Federation. Citizens have no real protection of their rights to freedom and privacy of correspondence, secret of post, telegraphics, telephone and other messages.

Hard conditions are kept in closed from the public control penitentiaries and in the army. Inacceptance of federal Act "About alternative service", stipulated by Item 52 of the Constitution of Russian Federation, creates a problem for recruits wishing to use their right to alternative civil service. The absence of federal Act "About control and custody of places of confinement" does not allow to influence on the situation connected with mass violations of convicteds rights.

It is necessary to establish the absence of the mechanism of the realization of human rights priority fixed by the Constitution of Russian Federation in right-protective and judiciar spheras. The legal conscience of citizens develops extremely slowly, as, on the one hand, citizens are not capable to respect in complete volume the existing laws and, on the other hand, authorities frequently unpunishedly offend against them (it is especially obvious first of all in tax-fiscal sphere). Besides that, citizens, whose rights are offended, as a rule, undertake nothing to recove lawfulness, considering costs as non-comparable with reputed results of a legal protection. Public mechanisms of the control of state authorities are not generated. But the development of public initiatives in this sphere gives hope for some improvements in this situation.

The kept crisis of judicial authorities can not provide a minimal level of protection of civil rights and right to freedom. The pressure of the executive authorities upon courts is still in practice, especially in that cases when a decree can have basic, case value. The contradiction between public interests and practice of delivering justice not providing fair court procedure, discredits the judiciary as the remedy of protection of personality interests.

D) GENERAL CHARACTERISTIC OF REGIONAL NORMATIVE BASE

General assessment of the conformity of regional and local statutory acts of the subject of Russian Federation to Russian and International laws in human rights and to general legal situation in the region

The legislation of the Nizhniy Novgorod region corresponds to Russian and international standards in human rights. The adoption of normative acts limiting some human rights is a rather rare event. But it does not testify that rights and freedoms of people and citizens are guaranteed in the region. Only a very little amount of orders, laws made by the House of Assembly and other statutory acts of the regional administration protect rights of citizens. And the majority of them are not supported with any effective mechanism of realization, that is why such acts have declarative character. It concerns also disbursements of pensions, established by the legislation, grants, compensations, questions on employment, and problems of public health services, education, ecology etc.

The reason is in the imperfection of the structure, authorities, in the forming of authorities and the local self-government and their responsebility. An amount of workers of state and municipal apparatuses is so great, that the control of activity of structural divisions and separate officials is practically lost in the region. It results in the development of extensive forms of management, when new structures are created for setting any problems. These structures dublicate existing ones. The normative base, including base concerning human rights, develops not for anticipation or prevention any adverse situations, but for elimination of consequences of occurred events.

The conformity of Basic Law of the subject of Russian Federation (Charter of the Nizhniy Novgorod region) to Russian and international laws in human rights

The charter of the Nizhniy Novgorod region corresponds to the Constitution of Russian Federation and federal legislation. At the same time it does not contain any basic provisions, which would allow to apply it as the law of direct action to the protection of human constitutional rights and freedoms.

Non-conformity of regional orders and normative acts to Russian and international laws in human rights

In 1998 28 laws and 270 orders were made by the House of Assembly basically they concerned financial questions: budgetary regulation, taxes, privilege to enterprises, credits. And only some of them relate to the realization and protection of human rights: "About minimal social standards in the Nizhniy Novgorod region and their financial ensuring", "About social partnership" and "Social order in the Nizhniy Novgorod region" (in the first reading), block of laws concerning voters rights (about voting to public authorities, local self-governments, heads of administration, about referendum, about citizens assemblies). A number of target programs directed to ensuring of human rights was accepted: "Family", "Program of actions for improving women's provision in the Nizhniy Novgorod region and for raising their role in the society". Some orders concerned the support of protection of consumers' rights.[6]

In the Nizhniy Novgorod region there are two operated and fulfilled normative acts, which allocate from others in provisions, roughly violating human rights.[7] First of all it is the Order of the House of Assembly ''About the order of staying in the territory of the Nizhniy Novgorod region of persons, who constantly live outside the region" N64 from August 15, 1994. The adoption of this order, undoubtedly, left frameworks of the competency of the regional House of Assembly, as the order regulating citizens' staying is found in exclusive competency of Russian Federation. The order, as a matter of fact, limits human freedom of movements. The norms, stipulated by the order, establish a licensing principle of staying tose persons, who came under non-visas regime, citizens of Russian Federation, which constantly live outside Russian Federation, and stateless persons and give to the executive authorities a possibility of approbations even an internment to them. The order enters concept of ''undesirable citizens" to citizens which are not subjects to registration, the obligatory departure is entered behind the limits of the Nizhniy Novgorod region within a day (item 16). The possibility of prolonging and annuling the registration is granted to registering bodies (items 10, 14). It is impossible to admit not only lawful, but also the reasonable condition of registration (for example, a written approval from all adult members of the family of the hirer is required). The order enters the order of expulsion the persons, who evade the registration behind the limits of the Nizhniy Novgorod region. The approbations providing violent deportation of the citizens of Russian Federation inside the country outside of territories, directly contradict to constitutional norms. The order offends international bipartite and universal multilateral treaties of Russian Federation concerning a free possibility of departure and entrance, the removal about the territory of Russian Federation by citizens of the countries included in CIS. The contracts and agreements with the countries of CIS concerning a non-visas regime are ignored. The ungrounded limits for citizens of Russian Federation, which constantly live outside Russian Federation, are entered.

According to Item 178 of Code of Russian Soviet Federative Socialist Republic about administrative violations, living of citizens without registration attracts the warning or amercement up to the one-tenth of a size of a minimal wage established by the legislation of Russian Federation on the moment of committing of an offence. At the same time Part 2 Item 3 of the law of Russian Federation "About the right of citizens of Russian Federation to a freedom of movements, electing a place of staying and habitation within the limits of Russian Federation" speaks, that presence or absence of registration is not the basis for limitation or condition for realization human rights and freedoms stipulated by the Constitution of Russian Federation and laws of Russian Federation. The employment of citizens, which do not have registration at the place of staying or habitation, can not form the basis for responsibility of officials stipulated by Item 181 of Code of RSFSR about administrative violations.

In connection with the protests of human rights organizations and procurator of the region, and also with Governmental order of Russian Federation N290 "About distribution of the rules of registration and removal citizens of Russian Federation from a registration account at the place of staying and at the place of habitation within the limits of Russian Federation to the citizens of former USSR coming from countries included into the Commonwealth of Independent States and Baltic countries'' from March 12, 1997, House of Assembly adopted Order N185 from October 5, 1998. The project of the regional law "About the order of registration and removal citizens of countries from CIS from a registration account at the place of staying and at the place of habitation in the Nizhniy Novgorod region" was adopted in the first reading. Standards limiting rights of citizens of foreign states coming for temporary residence to the Nizhniy Novgorod region are stipulated in the law. The law was accepted in interests of law enforcement bodies controlling the observance of the order among the migrants. The law supposes limitations of human rights in the sphera of a freedom for movements and of election domicile; thus the House of Assembly stretches of authority.

Secondly, the Order of Administration of the Nizhniy Novgorod region N203 "About strengthening measures under the warning of spreading HIV-INFECTION (AIDS) in the territory of the Nizhniy Novgorod region" from July 16, 1996 roughly violates human rights.

According to the analysis of this order the informative analytical centre of Human Rights Society of Nizhniy Novgorod revealed an amount of gross violations of human rights and freedoms[8] fixed in the Constitution of Russian Federation, federal legislation of Russian Federation international treaties, ratified By Russian Federation. In particular, the categories of citizens subjected to obligatory inspection for revealing a presence of HIV-INFECTION (Item 1) are established. The introduction of such list offends against Item 7 of Item 3 of Federal acts "About the warning of spreading HIV-INFECTION in Russian Federation" (further - Federal Act). The persons, who are included in so-called group of hazard: drug addicts and representatives of sexual minority, and also people with disorderly sexual connections are subject to inspection. For the definition of the latest cathigory of people the data received during operational and searching measures (Item 1.1.1) should be used that contradicts Chapters 2 and 5 of Federal Act "About operational and searching activity". Besides that, the following cathegories of peaople should pass an obligatory inspection:

The Head of regional administration B.E. Nemtsov, having affirmed the order restraining human rights and freedoms, and having put illegal discrimination tasks to law enforcement bodies, has outraged Item 55 of the Constitution of Russian Federation.

Citizens and legal persons presented 17 legal actions to the decisions of the regional House of Assembly. The claim about confession to an illegal decision of prolonging authorities of deputies of previous convocation was satisfied, which restrained the rights of regional voters. During 1998 the regional procurator brought eight protests and six applications to laws of the House of Assembly. Two protests were satisfied, the respective alterations to the protested statutory acts were brought in. The procurator sent 15 applications into the court about confession a number of acts of the House of Assembly as ineffective partially or in general. The main part of applications concerns to questions of an establishment of the administrative responsibility of legal persons for offences in the spheres of an accomplishment, housing, fire safety, revolution of alcoholic production etc. The court brought two positive decisions from eight construed applications.

Besides above named acts, it is necessary also to pay attention to the Provision "About accrediting of mass media at a press center of the Department on public relations and mass media of Administration of the Nizhniy Novgorod region", accepted by the order of Administration N1596-ð from October 12, 1998. According to the Nizhniy Novgorod regional centre for protection of rights of press this Provision does not correspond to the legislation on mass media of Russian Federation. In particular, the Provision provides the necessity of granting the following items of information about the issuing and the journalist for accreditation: circulation, periodicity, address of edition, position the journalist, his pseudonym. In answer to inquiry of the Center the Fund of protection publicity[9] says that the rules of accrediting should not include demands about granting the information about edition, since it enables the officials to obstruct in the admission this or that mass media. As to demands about granting the information about the journalists, there is available interposition of state bodies and officials in the sphere of private life. The constitution of Russian Federation determines the right to inviolability of private life, provides against collecting information of personal character (Chapters 23, 24), therefore the rules of accrediting should not contain demands of granting the redundant items of information of personal character about accredited journalists (for example, position). The demand of directing pseudonyms also contradicts the current legislation. It offends against journalists rights stipulated in Items 12 of Item 47 of the law "About mass media", according to which the journalist has the right to distribute messages, prepared by him and materials with a signature, under a pseudonym or unsigned. In Item 15 of the Law of Russian Federation "About copyright and adjoining rights" there is also established right of the author to use product under his name, pseudonym or without designation, that is anonymously (the guarantee of the right to the name). The demand of disclosure of pseudonyms contradicts Item 150 of the Constitution of Russian Federation. The Centre for protection the rights of press directed a legal conclusion with the offer to exclude the listed above demands from the Provision of accrediting to the Administration of the Nizhniy Novgorod region.

Non-conformity of the subordinate legislation regional, local and local statutory acts to regional, Russian and international laws in human rights

Many normative legal acts of local authoroties are not set conformity with federal acts in Nizhniy Novgorod. The part of normative and subordinate legislation acts are connected with limitation of the right to elect of domicile, social guarantees and the freedom of business.

Zemskoy Assembly of Kostovskiy area of the Nizhniy Novgorod region accepted Decision 38 "About the order of staying of persons, who constantly live outside Russian Federation in the territory of Kostovskiy area" from May 13, 1997 under the suggestion of the Head of local self-government V. I. Bolyak. In Item 4 of this decision possible motives of the refusal of temporary registration or its annulling in the territory of Kostovskiy area are listed:

It is stipulated to expel evaders from registration behind the limits of Kostovskiy area (Item 5).

Thus, the decision violates human right to elect of domicile and freedom of movements guaranteed by the Constitution of Russian Federation, Federal act "About freedom of movements and election of domicile in Russian Federation", international law.

The Provision N3 ''About the order of granting housing bounties in Nizhniy Niovgorod'' was affirmed by the order of the Head of local self-government of Nizhniy Novgorod on January 31, 1996. It contains a number of improper demands showed to the citizens, wishing to receive housing bounties, for example a constant registration in Nizhni Novgorod (Item 1.3 Part 1). As it is known, the Constitutional Court of Russian Federation recognized the institution of registration as a contradiction to constitutional human rights, and that is why only one usige of this term speaks about illegal character of the document. This demand restrains rights to social help of citizens which do not have (can not have) registration at the place of their constant living, and the main part of them (refugees, constrained settlers, the citizens which do not have inhabited places in their property or in the municipal fund) extremely need in social help. Nonresident students of high schools and technical schools have registration at the place of staying. According to the decision of the Constitutional Court of Russian Federation, the terms of registration at the place of staying are not limited. If it is possible to recognize the demand of presence of the registration as justified in this case the enterence of the separation in character of residence is not legitimate. The refusal in granting housing bounties basing the absence of constant registration can be considered as social discrimination. According to the principles of the international Pact of social, economic and cultural rights, Items 1, 2 of Chapter 13 of European Social Charter, Convention of minimal standards of social security, citizens have right to a social protection and equal access to social security. Besides that, according to the international obligations of Russia, Part 2 Item 12 of European Social Charter, the same guarantees and possibilities of using social bounties should be granted for foreign subjects and stateless persons as for citizens of Russia.

The practice of changing normative acts in connection with their non-conformity to the right in human rights through court or under pressure of public

The regional court made a decision about the confession of ineffective norm of the regional law concerding the purpose if the heads of local self-government on June 23, 1998 under the initiative group of the voters of Balachni.

The regional court considered the prolonging of their authorities for two years by the deputies of the regional House of Assembly as illegal on January 28, 1998 under the claim of V.I. Chumak, A.I. Svetlichniy, E.V. Zagryadskiy (the court made its decision only after expiration of the extended authorities and after new elections). On March 21, 1998. The Supreme Court of the Russian Federation left this decision in force, that gives the basis to recognize all statutory acts of the House of Assembly made during the extended term of deputies' authorities illegal.

The order of the Constitutional court of Russian Federation on February 2, 1998 in the part of governmental Order N713 on July 17, 1995 canceled the limitations in freedoms of voters on the initiative of the Head of the Nizhniy Novgorod region.

Basic problems of the general legal situation and right-protective practice in the region

In the practice of imperous bodies and officials there is a traditional relation to human rights as to recommendatory standards. The search of simple, administratively convenient or tactical decision of political, social and economic problems frequently results in deviation from real laws or their ignoring. As a rule, the similar decisions are justified by expediency, but their result becomes an aggravation of problems and general aggravation of the situation. The distribution of such practice and its impunity for violations of human rights becomes a source of intensity and social conflicts.

The falling of living standards of the population in the second part of 1998 shown the inability of city's and regional authorities to accept the efficient and lawful decisions.

The order of the regional Head N1815-ð from November 25, 1998 entered the limitation to ''the limiting size of the wholesale and retail trade extra charge on milk, acid milk products and oil up to 20% of a transfer price'' till January 1, 1999. Appropriate treaty obligations should serve as the basis for limitation but for trade enterprises which were not concluded an agreement, penal actions (for the sum of 85,5 thousand Roubles) were applied.[10] Illegal acts of administration resulted in reduction of a trade revolution of dairy products, but did not affect the rising in prices. Attempted attempts to render the additional help to needers, for what the cheap grocery sets were transferred to the departments of social protection, did not imptive the situation.At the same time the introduction of a living minimal wage was postponed by the decision of the House of Assembly in the Nizhniy Novgorod region. The regional authorities did not recognized a priority of a living wage before other kinds of the social help, including numerous privileges. The limitation of trade without ensuring a living wage contradicts the recommendations of the United Nations.[11]

The remedies of the state control of infringements of human rights are inefficient. In 1996 Human Rights Society of Nizhniy Novgorod sent references concerning decisions of regional public authorities limiting human rights to the Public Procurator's Department of the Nizhniy Novgorod region. A refusal in protestation of the decisions with reasons not legal but of rational character ''with a view of shaped situation''[12] was received from the Public Prosecutor's Department. One of the reasons of inactivity and granting the ungrounded answers of state bodies is the absence of legal knowledge of human rights, in particular, in the sphere of the constitutional and international public law. Inactivity, non-interference to the illegal decisions result in the further distribution of the practice of human rights vioplations, including more rough forms. The most vivid example is cancellation results of election of the Head of local self-government of Nizhni Novgorod in March, 1998, when A.A. Klimentyev was elected at active participation of the voters and public control but he appeared unpleasing to the authorities.

The human right to elect a place of staying and living was violated more often, that is connected with the action of the order of the regional House of Assembly and traditional practice of local authorities. In many areas there are commissions on the registration abolished by the order of the Head of the Nizhniy Novgorod Region.[13] In 1997 Zemskoy Assembly of Kostovskiy area, having exceeded its authorities as a local authority,[14] accepted the Decision "About the order of registration", which entered illegal limitations for registration for some categories of the citizens and even their compulsory deportation behind the limits of the area. The decision differs by unprecedented ignoring of citizens' human rights. The Public Prosecutor's Department did not bring the protest, and the injured parties as a rule do not appeal the infringement.

In the right-protective practice the unequal provision of the citizens and state bodies is kept. The examples can be found, in particular, in the sphera of citixens' registration. According to Item 180 of Code of Administrative Right Violations of Russian Soviet Federative Socialist Republic, "the assumption by the official oerson which is responsible for the observance of rules of registration, and the assumption by the citizens which borrow residences for living, the persons without registration attracts the warning or amercement at a rate of up to the one tenth of minimal wage established by the legislation of Russian Federation at the moment of committing of an offence". However, according to the data of Human Rights Society of the Nizhniy Novgorod region, no one official person found in the registration at the place of actual residence of the applicant, was not involved to the administrative responsibility. On the contrary, the specified approbations are widely applied to the citizens. It is not surprising, as the protocols on committing administrative violations are constituted only by law enforcement bodies, therefore it is impossible to expect, that the officials which are responsible for registration, will penalize themselves.

E) PRIME MEASURES WHICH SHOULD BE UNDERTAKEN FOR IMPROVEMENT THE SITUATION WITH HUMAN RIGHTS IN THE REGION

In the sphere of perfecting of the legislation

I. To cancel the normative acts violating human rights and retiring behind frameworks of competency of the body, which accepted them:

II. To change (to cancel) the separate provisions contradicting to standards of human rights, in the following normative acts:

1. In the Order of Administration of the Nizhniy Novgorod area N203 "About strengthening measures under the warning of distribution of a HIV-INFECTION (AIDS) in territory of the Nizhniy Novgorod region" July 16, 1996:

2. In the Provision "About the order of granting the housing bounties in Nizhni Novgorod", affirmed by the Order of the Head of local self-government of Nizhni Novgorod N3 from January 31, 1996;

3. In the Provision "About accrediting mass media at the Press Centre of the Department of public relations and mass media of Administration of the Nizhniy Novgorod region":

In the sphere of changing of the right-protective practice

The positive factors, which can positively change right-protective practice, are:

In the sphere of political and personnel changes

The work of separate representatives of public authorities renders the appreciable negative influence on human rights ensuring. Their improper activity or divergence, resulting in mass, gross human rights violations is defined by tactical reasons, direct political interposition or legal illiteracy. The petitions of the citizens and facts of rough processual infringements testify non-conformity to the posts such judges as:Å. Makarova, G.I. Dorodniy. The Chief of Regional Department against Organized Crime A.I. Kladnitskiy and the first deputy Chief of Department of the Interior of the Nizhniy Novgorod region P.I. Sibiryov are the initiators of human rights limitations in law enforcement bodies. The policy of non-interference conducts the procurator of the Nizhniy Novgorod region A.I. Fedotov in cases of gross human rights violations. The infringements at ensuring the elective rights were admitted by the chairmen of electoral commissions A.I. Nekrasov (regional electoral commission) and D.I. Korolyov (electoral commission of Nizhniy Novgorod).

In the sphere of accomplishment of public and legal pressure on authorities

The development of state and non-state institutions of a legal protection and educational programs raising the level of legal citizens' knowledge can render an essential influence on authority. The introduction of institution of human rights Representative in the Nizhniy Novgorod region can be considered Aas the perspective and real remedy of a legal protection in the Nizhniy Novgorod region.

The confession of public organizations' social status and creation of mutual relation with state and municipal bodies in competitive and contract forms will increase the influence of public organizations.[15] The growth of the number of public organizations and the efficiency of public campaigns gives the basis to affirm, that their influence will raise in long-terms.

NOTES

  1. The information is given by Nizhegorodskiy regional administration of statistics.
  2. The number of constant inhabitants at the moment of January,1 1999.
  3. The data is given by regional statistic committee for October 1999.
  4. The application of the Head of the Nizhniy Novgorod region administration Mr. I.P. Sclyarov about the interposition in results of the privatization (of enterprises, courts) in the agreement about the construction of a new hotel on the place of the hotel "Moscow".
  5. The letter of the Prosecutor Office of the Nizhniy Novgorod region N15/772-97 on July,1 1998 signed by the procurator of the region Mr. V.M. Murovyov.
  6. The order of the House of Assembly of the Nizhniy Niovgorod region "About the report of the work of the House of Assembly of convocation for 1998 " (January, 1999).
  7. The declaration of the Chairperson of ÍÎÏ× to the Prosecutor General of Russian Federation N357 on January, 17 1998.
  8. The analysis on conformity to the standards of the human rights of the Order of Administration of the Nizhniy Novgorod region N203 "About strengthening measures under the warning of distribution of a HIV-INFECTION (AIDS) in the territory of the Nizhniy Novgorod region" from July 16, 1996 // Informative analytical Centre of Human Rights Society of Nizhni Novgorod, 1997.
  9. The letter of the Fund of protection publicity, Moscow, October 23, 1998, N64.
  10. Native, stand! / the Monitor. - 1998. - N50.
  11. "The right to a sufficient feed as one of the human rights" Human Rights Center at the United Nations, 1989, Ch.IV, P.3.
  12. The answer of the Public Prosecutor's Department of the Nizhniy Novgorod region N7/418-97 March 25, 1998.
  13. The order of the Head of the Nizhniy Novgorod region N1329-p "About dissolution of commissions in registration" October,9 1995.
  14. The application of Human Rights Society of Nizhniy Novgorod "An approaching of the Nizhniy Novgorod authorities proceeds to the citizens' freedom to elect their places of living" July,22 1997.
  15. It is about the accepting a regional law "About social order".

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