Information and Analytical Center of Nizhny Novgorod Society for Human Rights

SECTION 7

CONCLUSIONS AND RECOMMENDATIONS

A) MODIFICATION IN THE REGIONAL LEGISLATION

The list of normative acts, which should be cancelled or reeducated in conformity with standards of human rights:

B) CHANGES IN THE PRACTICE OF GOVERNMENT AUTHORITIES

Limitation of human rights from the side of law enforcement bodies

Among the factors negatively influencing on right protective practice, the obligatory accountability on planned targets of offences is the most essential. The conservation of such approaches, kept from Soviet times, distorts the purpose of existence of bodies of the law order, results in mass cases of inadequate punishment, corruption, and also rough and brutal treatment. So-called "inspections" and planned actions have negative influence. For example, according to results of interviewing the employees of the State motor-vehicle inspectorate at control posts on February 2, 1998 it was found out, that "quota" of the penalties in the sum of 600 Roubles and detainment of one drunk driver is defined for inspection.[1] Such ways stimulate replenishment of various "non-budget funds" of bodies of the law order. The dependence and vulnerability of a citizen even at the most minor offence can be used in corporate interests.

The criteria of assessments of work of law enforcement bodies should be essentially modificated. Now their activity is assessed upon the data of the accountability about discoverings and the number of crimes, that puts an irreparable harm for organizations and ensuring of the law order. A degree of security of the population from committed crimes should become the main criterion of a rating (for example: parameters of efficiency reacting on the messages and references of the citizens, efficiency of recovering of damage etc.).

The development of the forms of public control above law enforcement bodies can render positive effect: an electing of the officials, cooperation with public organizations, which can improve work of law enforcement bodies.

Modification of right protective practice

Contraventions in normative base and improper interpretation or direct ignoring of standards of human rights are sources of violations of human rights by bodies of state and local authorities. The ignoring of standards of human rights is the most dangerous in the position of authority, as it conducts to practice of decency and impunity in using of imperious authorities.

Most brightly it is shown concerning freedom of choice a place of living. The bodies of registration in their activity continue discharging the department instructions contradicting to the current legislation. Though the administration of the Nizhniy Novgorod region showed the initiative on a cancellation of unconstitutional provisions of the local law about registration, the regional practice in this sphere remains one of most conservative. Traditional notion about a registration determined moods of officials and population in general. Educational and informative programs can render beneficial influence on these stereotypes.

Measures on adoption of complex programs and statutory acts (in particular, connected with the right to housing), which would promote overcoming both legal, and psychological stereotypes and in the result to limitation of practice of "registration" become extremely urgent. The control of execution of the notifying order of registration is important also. It is necessary to enter an administrative responsibility of the officials responding for observance of Rules of registration and conceding the refusals in registration at the place of actual residence of the citizens, this measure is stipulated by Item 180 of the Code of RSFSR, but is not discharged.[2]

The unreliability of legal expertise results in adoption of right violative orders by regional and local administrations. In particular, the Order of administration of the Nizhniy Novgorod region from July 16, 1996 ¹203 "About strengthening measures on the warning of distribution of HIV-INFECTION (AIDS) in the territory of the Nizhniy Novgorod region" violated a list of international and national statutory acts on human rights. The demand to give back for examination to the experts according to constitutional and international public law the statutory acts concerning human rights can limit such practice. The apparatus of the Representative on human rights could accept such functions.

Inactivity of organs of the Prosecutor's Office, whose responsibility includes the appeal of the statutory acts contradicting to human rights evokes worry. The engaging for work in prosecutor's office of experts on human rights, including creation of a special department on human rights at regional prosecutor's office could improve the situation.

The problem of ensuring guarantees of charged is closely connected with the level of legal conscience of citizens. The growth of legal literacy of the population is supervised during last years. But in the criminal procedure the demand in knowledge of language of court procedure and basic standards remains up to the end not executed. Special measures for increasing legal literacy are necessary: informing detained about their rights; placing of informative stands (posters) in the places accessible to a review of detained and their cognates (in regional departments for internal affairs, investigation isolator wards etc.).

The cease of prosecution of the recruits stating on their wish for alternative civil service is an essentially important problem of modification of right protective practice. The right to alternative service guaranteed with Item 59 of the Constitution, according to constitutional principles can be realized and at the absence of additional national statutory acts.[3] But the realization of a constitutional law evokes numerous, unsoluble problems connected with absence of normative base, which regulate passing alternative service (for example, concerning the period of serving).

The authorities of the Nizhniy Novgorod region before appearance of federal act can free set the rules of passing of alternative service. Part 1of Item 28 of Federal Act "About military obligation and serving" is provided a possibility of rendition by a draft commission of the decision about sending to pass civil alternative service. Thus, as follows from the determination of the Constitutional Court on September 26, 1996 according to the petition of A.A. Pavlov, "the absence of the law regulating the order and conditions of passing alternative civil service, can not serve encumbrance for realization such right by citizens at presence of the bases specified in the Constitution of Russian Federation". Thus, the absence of the Law is not the reason for refusal of a draft commission in a sending to pass alternative service.

The area can grant and execute the work on the basis of Item 7 of Federal Act from 1991 "About employment of the population in RSFSR", according to which the setting of questions on employment of the population "in complete volume" is found in the competency of the subjects of Russian Federation. Other aspects of application of alternative service, by virtue of uncertainty, according to Item 18 of the Constitution, should "be provided with justice".

The document regulating the passing of alternative service, can become, for example, Temporary provision "About the order of labour employment of citizens who pass alternative civil service".

The public authorities and self-government of the Nizhniy Novgorod region are excessively cautious in perfecting and improving of legal laws and right protective practice connected with realization of human rights. The first task of authorities and officials at making decisions is to follow the principle of a priority of human rights before other rights and interests.

C) MODIFICATION IN A PERSONNEL STAFF OF GOVERNMENT AUTHORITIES

Gradual renewal of the staff of government authorities in the benefit of people, which have a better notion about norms of human rights, can help to the observance of human rights. The increasing of demands in certification knowledge about norms of human rights, including engaging teachers of Right can have a positive affect upon the situation.

D) MODIFICATION IN STATE CONTROL MECHANISMS

The setting of a problem of renewal courts of justice, at conservation their independence from state authority is actual. The modification of affirmation of judge staffs and their rotation can affect their renewal and getting rid of traditions of repressive justice. The introduction elected representatives, who are not judges, into the staff of a full court considering petitions on judges is positive. At a regional level it is possible to enter open discussions of the candidatures of judges before their affirmation to the House of Assembly of the region. Uncontrollable and inaccessible organizational structure of courts of general jurisdiction creates a situation of inaccessibility of justice. The rights and possibilities of participants of the process should be guaranteed in the federal Act "About courts of general jurisdiction". The application of institute of the world judges will allow unloading courts and appreciably making justice humanitive, approaching its principles to interests of citizens.

At the present moment there are practically no mechanisms allowing counteracting practice of application of violence in law enforcement government. The following measures can improve the situation:

According to the assessment of Human Rights Commission, the providing an access of the lawyer to the protege is a problem. The accepted order of receiving demands by lawyers "for each meeting with the protege" requires reconsideration, in particular. The Order of the inspector about the admission for participation in the case as the defence attorney can formalize and simplify the procedure of ensuring of authorities of the lawyer. The using of the Order will provide constant lawyer's access to investigation isolator wards, and also realization of other authorities on ensuring the rights and legitimate interests of a person.

E) MODIFICATION IN PUBLIC RIGHT PROTECTIVE ACTIVITY

Fast and dynamical development of right protective organizations in the Nizhniy Novgorod region reflects the growth of public interest and understanding of priorities of human rights and freedom. Human rights organizations not only provide legal protection of the population, but also discharge tasks of civil institutes of public control. In this case human rights organizations have huge value for setting and formation of civil society, that is assessed by western experts and international organizations, but did not receive owing understanding in Russian public authorities.

The help to human rights organizations from the side government authorities, as a rule, is connected with attempts of influence on their priorities and work. It is natural, that such interposition either is denied, or results in destroying of human rights organizations, to the forfeit of their purposes and sense of their work.

The granting privileges and placing orders for human rights organizations in a competitive basis is the only necessary possible form of supporting by the state a human rights community. Only competitive environment and the limitation of direct influence of the state can provide healthy ground for development of human rights and other public organizations.

NOTES

  1. The materials of informative analytical center of Human Rights Society of the Nizhniy Novgorod region.
  2. The conclusion of a commission on May 20, 1997 N2 "About violations of human rights at accomplishment of registration".
  3. This order, however, concerns only cases, when passing military service contradicts belief or religion of citizens, other bases for alternative service, according to Item 3 of Chapter 59 of the Constitution are made by federal act.

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