Clarification on the procedure of filing a complaint with the Ombudsman

News

In accordance with Articles 15 and 17 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 considers complaints against 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.

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.

The full description of the procedure of a complaint submission is available in the section “Complain to the Ombudsman”.

When determining the admissibility of a complaint, the following issues shall be taken into consideration:

  • whether the complainant is eligible to file such a complaint;
  • the state authority, local government body or official which the complaint was filed against;
  • whether the complainant had previously appealed against decisions or actions (omissions) that violated his/her rights and freedoms in judicial or administrative proceedings.

If one’s complaint does not meet the requirements listed above, but he/she applied to the Ombudsman, the complaint may be resolved as follows:

  • the existing means that one may use to protect his/her rights and freedoms may be clarified;
  • the complaint may be referred to a state authority, a local government body or an official whose competence is to resolve the complaint on the merits;
  • the complaint may be dismissed.

A complaint filed with the Ombudsman is not subject to state duty.

A complaint filed by a representative must be accompanied with documents certifying the authority of the representative.

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.

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.