Consideration of complaints by the Ombudsman
The Ombudsman considers complaints from citizens, foreign nationals and stateless persons or their representatives residing in the territory of the Donetsk People’s Republic regarding decisions or actions (omissions) by State authorities, local government bodies, officials, civil servants, if the complainant had previously appealed against these decisions or actions (omissions) in judicial or administrative proceedings, but disagrees with the decisions taken on his/her complaint.
Complaint is an application from a citizen with a claim to restore his/her violated rights, freedoms or legitimate interests, or the rights, freedoms or legitimate interests of other individuals;
A complaint must be submitted to the Ombudsman no later than one year after the day when complainant’s rights and freedoms were violated or after the day when the complainant became aware of the violation.
A complaint filed with the Ombudsman is not subject to state duty.
Requirements for complaints
A complaint must include the following:
– full name and address of the complainant;
– statement of the essence of decisions or actions (omissions) that, according to the complainant’s opinion, violated his/her rights and freedoms;
– accompanied by copies of decisions taken on the complaint, considered in judicial or administrative proceedings
Complaints submitted by representatives of citizens must be accompanied by documents confirming their authority.
The text of the complaint must be readable. Complaints made by hand must be written in a clear, legible handwriting and have no corrections. It is prohibited to use obscene or offensive words or expressions in the text of the complaints.
Decisions on the complaints
On receipt of a complaint, the Ombudsman is authorized to:
1) accept the complaint for consideration;
2) explain the means that the complainant may use to protect his/her rights and freedoms;
3) refer a complaint to a state authority, a local government body or an official whose competence is to resolve the complaint on the merits;
4) dismiss a complaint.
The Ombudsman shall notify the complainant on the decision within ten days.
Please note that the activities of the Ombudsman complement the existing means of protecting human rights and freedoms, do not and do not entail a review of the competence of State authorities providing protection and restoration of violated rights and freedoms (part 3 of Article 2 of the Law of the Donetsk People’s Republic of April 03, 2015 No. 30- INS “On the Human Rights Ombudsman in the Donetsk People’s Republic”).
The Ombudsman in the Donetsk People’s Republic is not entitled to interfere in the activities of independent preliminary investigation bodies, prosecuting authorities and judiciary, as well as to consider private law disputes between citizens, commercial and public organizations);
It is not within the competence of the DPR Ombudsman to verify the accounts of a crime being prepared or committed, including corruption.