Right / 8. Constitutional law

associate professor, Cand.Jur.Sci., Danilova V.,

associate professor, Cand.Jur.Sci., Guseva A.

Penza state university, Russia

Institute of rendering a legal aid the minor in the Russian Federation

Special value for guaranteeing protection of the rights, freedoms and legitimate interests of minors in the Russian Federation has establishment of a position of the Commissioner for the President of the Russian Federation by the rights of the child which is entered by the Decree of the President of September 1, 2009 No. 986 "About the Commissioner for the President of the Russian Federation by the rights of the child" (1) according to which the Commissioner for the President of the Russian Federation by the rights of the child is appointed to a position and is dismissed by the President of the Russian Federation.

The purpose of introduction of Institute of the Representative by the rights of the child in the Russian Federation is ensuring protection of the rights, freedoms and legitimate interests, assistance in restoration of the violated rights of minors, and also legal education in the field of protection of the rights of children.

The representative by the rights of the child exercises independent control of institutes of the civil society which activity is connected with minors. Work of the child Authorized by the rights is directed on protection of the rights, freedoms and legitimate interests of demographic group of the population which owing to age isn't capable to carry out independently effectively protection of own rights and legitimate interests.

In this regard a basis of activity of the child Authorized by the rights is availability to each child, allowing in case of need to the minor independently to address to the Representative. This principle of work promotes timely identification of violation of the rights of the minors, causing increase of level of legal security of minors as timely rendering the qualified help not only stops further violation of the rights, but also can save life of the child.

It is necessary to distinguish foreign policy aspect from actual activities of the child Authorized by the rights. According to the Ministry of Education and Science of Russia, in 2010 foreign citizens adopted 3355 Russian children, in 2009 - 3815 children, in 2008 - 4126, in 2007 - 4536 children. In two last years this category decreased by 16%, and for the last five years - almost for 50% (2).

Importance of the specified activity of the child Authorized by the rights is caused by numerous resonant violations of the rights and freedoms of the Russian children abroad in recent years, including fundamental right to life. Current situation testifies to need of creation of effective international mechanisms of protection and restoration of the violated rights of children providing worthy life without violation of the rights, freedoms and legitimate interests of the Russian children abroad. One of methods of realization of an objective is the conclusion of the international state agreements in the sphere of a civil and family law.

Despite the importance of institute of the Representative by the rights of the child for ensuring protection and restoration of the violated rights, freedoms and legitimate interests of minors now there is no the federal standard and legal base defining an order of functioning of this institute. Activities of the representative for the rights of the child at the President of the Russian Federation are regulated the relevant Decree of the President of the Russian Federation, at regional level activities of representatives for the rights of the child are regulated by the relevant normative legal acts of subjects of the Russian Federation.

Lack of uniform regulatory base resulted in lack of uniformity in creation of institute of the Representative by the rights of the child in subjects of the Russian Federation, and respectively as appointment to the post, to distinctions in the requirements shown to candidates for a position of the representative at regional level. So, in some regions the Representative by the rights of the child is a part of the device of the Commissioner for Human Rights, in others is an administration staff element, in the third functions on a voluntary basis.

According to the Representative by the rights of the child at the President of the Russian Federation, the most preferable form of a legal regulation of institute of the Representative by the rights of the child in regions is the parliamentary way of its establishment on the basis of the special law of the subject of the Russian Federation that provides the most optimum differentiation of its powers with public authorities of subjects of the Russian Federation and interaction with them (3).

It should be noted that the institute of the Representative by the rights of the child in the Russian Federation actively develops to what introduction of this institute not only in the majority of subjects of the Russian Federation, but also at municipal level, and also in establishments of preschool, general, primary and secondary professional education, in orphanages, boarding schools and other establishments testifies.

Thus, it is possible to draw a conclusion that the institute of the child Authorized by the rights is the effective mechanism of protection and control of observance of the rights, freedoms and legitimate interests of children, directed on ensuring the rights of minors.

For increase of efficiency of activity of institute of the Representative by the rights of the child in the Russian Federation, in our opinion, it is necessary to improve standard and legal base of activity of this institute, by adoption of the Federal law "About the representative by the rights of the child in the Russian Federation" which would fix legal status of institute of the child Authorized by the rights; uniform requirements to candidates for a position of the Representative by the rights of the child in all subjects of the Russian Federation; to promotion and appointment to the post order; to activity order; I established uniform powers of Representatives by the rights of the child in all subjects of the Russian Federation; I fixed procedural laws on the basis of which it could appeal as supervision of the sentences which have entered validity, definitions and resolutions; order of interaction between Representatives by the rights of the child of various regions, and also Authorized by the rights of the child and government bodies, local governments, law enforcement agencies, public organizations; I established indicators of effective activity of the child Authorized by the rights. Also, it is necessary to finish process of introduction of a position of the Representative by the rights of the child in all subjects of the Russian Federation that will provide identical level of security of the rights and freedoms of minors in all territory of the Russian Federation.

Acceptance of the specified measures will promote successful realization of the purposes and the tasks facing the Representative by the rights of the child in the sphere of prevention of violations, and also protection and restoration of the violated rights, freedoms and legitimate interests of minors.

Literature:

1. Collection of the legislation Russian Federation, 07.09.2009, N 36, Art. 4312.

2. http://www.usynovite.ru/statistics/2007/8/

3. Main problems of social development of Russia: About legislative ensuring activity of representatives by the rights of the child in subjects of the Russian Federation//the Analytical messenger. 2011, No. 11 (423). Page 36.