When not to apply
The Defender does not have the power to consider one either guilty or innocent. If the opposing parties are private persons then the Defender’s support may equally be accessible to both parties. But in case if a dispute is between a citizen and an official, then only the citizen may expect to receive support from the Defender.
If a right of yours has been abused by some private person then you should turn to the police, or to the court, or to some competent superior authority that has the power to restore that right, depending on the certain type of violation. In case the OFFICIAL bodies do not perform their duties and do not meet your legal demand, you can surely apply to the Human Rights Defender. In this case the respondent should be not private entity who has abused your right, but the OFFICIAL body who should prosecute your legal demand, but did not act accordingly.
THE DEFENDER SHALL NOT CONSIDER THE COMPLAINT, THAT
- is anonymous;
- is against the activities of private enterprises or private persons;
- is in court proceedings;
- after submitting the complaint to the Defender, the applicant applied to the Court with a complaint or a claim;
- is to be resolved only by court order (e.g. considering the person guilty or innocent; recognition of property ownership based on property rights; disputes over the financial claims; recognizing the person missing or dead; etc.);
- has been submitted later than within one year after the violation;
- does not contain violation.