FEDERAL CONSTITUTIONAL LAW

of February 26, 1997 No. 1-FKZ

About the Commissioner for Human Rights in the Russian Federation

Accepted by the State Duma on December 25, 1996

Approved by the Federation Council on February 12, 1997

This Federal constitutional Law determines procedure for position assignment and dismissal of the Commissioner for Human Rights in the Russian Federation, its competence, organizational forms and conditions of its activities.

Chapter I. General provisions

Article 1.

1. The position of the Commissioner for Human Rights in the Russian Federation (further - the Representative) is established according to the Constitution of the Russian Federation for the purpose of providing guarantees of the state protection of the rights and freedoms of citizens, their observance and respect with state bodies, local government bodies and officials.

2. The representative is appointed to position and dismissed by the State Duma of Federal Assembly of the Russian Federation.

3. The means specified in this Federal constitutional Law, the Representative promotes recovery of the violated rights, enhancement of the legislation of the Russian Federation on rights of man and citizen and its reduction in compliance with the conventional principles and rules of international law, to development of international cooperation in the field of human rights, to legal education concerning human rights and freedoms, forms and methods of their protection.

Article 2.

1. The representative when implementing the powers is independent and is not accountable to any state bodies and officials.

2. In the activities the Representative is guided by the Constitution of the Russian Federation, this Federal constitutional Law, the legislation of the Russian Federation, and also the conventional principles and rules of international law, international treaties of the Russian Federation.

Article 3.

Activities of the Representative supplement the existing remedies of the rights and freedoms of citizens, do not cancel and do not attract review of competence of the state bodies providing protection and recovery of the violated rights and freedoms.

Article 4.

Introduction of the mode of emergency or warlike situation in all territory of the Russian Federation or on its part does not stop and does not stop activities of the Representative and does not attract restriction of its competence.

Article 5.

Voided according to the Federal constitutional Law of the Russian Federation of 06.04.2015 No. 3-FKZ

Chapter II. Procedure for position assignment and dismissal of the Representative

Article 6.

The representative the citizen of the Russian Federation can be not younger than 35 years, knowledge of area of rights and freedoms of man and citizen, the experience of their protection which is constantly living in the Russian Federation, having.

Article 7.

1. Offers on candidates for position of the Representative can be made in the State Duma by the President of the Russian Federation, the Federation Council of Federal Assembly of the Russian Federation, deputies of the State Duma and deputy associations in the State Duma.

2. Offers on candidates for position of the Representative are made in the State Duma within a month before the end of term of office of the previous Representative.

Article 8.

1. The representative is appointed to position and dismissed by the State Duma by a majority vote from total number of deputies of the State Duma secret vote.

2. The State Duma accepts the resolution on position assignment Authorized no later than 30 days from the date of the expiration of powers of the previous Representative.

3. Each candidate which is brought up for secret vote in case of appointment of the Representative, pushed according to the article 7 of this Federal constitutional Law joins in the list for secret vote by two thirds of voices of total number of deputies of the State Duma.

Article 9.

1. In case of assumption of office the Representative takes the oath of the following content: "I swear to protect rights and freedoms of man and citizen, to honesty fulfill the duties, being guided by the Constitution of the Russian Federation, the legislation of the Russian Federation, justice and voice of conscience".

2. The oath is taken at meeting of the State Duma directly after appointment of the Representative to position.

3. The representative is considered entered position from the moment of bringing of the oath.

Article 10.

1. The representative is appointed to position for a period of five years, beginning from the moment of bringing of the oath. Its powers stop from the moment of bringing of the oath by again appointed Representative.

2. The expiration of powers of the State Duma, and also its dissolution do not attract the termination of powers of the Representative.

3. The same person cannot be appointed to the Representative's position more than for two terms in a row.

Article 11.

1. The representative cannot be the deputy of the State Duma, the member of the Federation Council or the deputy of legislative (representative) body of the subject of the Russian Federation, to be in public service, to be engaged in other paid or unpaid activities, except for teaching, scientific or other creative activities.

1.1. The representative cannot have nationality of foreign state either the residence permit or other document confirming the right to permanent residence of the citizen of the Russian Federation in the territory of foreign state.

1.2. The representative is forbidden to open and have accounts (deposits), to store cash and values in the foreign banks located outside the territory of the Russian Federation.

2. The representative has no right to be engaged in political activities, to be member of political party or other public association pursuing political goals.

3. The representative shall stop the activities incompatible with its status, no later than 14 days from the date of assumption of office. If during the specified term the Representative will not fulfill the established requirements, its powers stop and the State Duma appoints the new Representative.

Article 11.1

The representative shall report according to the procedure, provided by presidential decrees of the Russian Federation, about emergence of personal interest in case of execution of job responsibilities which brings or can lead to conflict of interest, and also take measures for prevention or settlement of such conflict.

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