117 NOTE THE RUSSIAN COMMISSIONER FOR HUMAN RIGHTS AND THE EUROPEAN OMBUDSMAN: COMPARATIVE ANALYSIS By Olga Gavrilova Author Student, Kutafi n Moscow State Law University E-mail: o_gavrilova@inbox.ru Abstract The author analyzes offi cial sources specifying the models for the European Ombudsman and the Commissioner for Human Rights in the Russian Federation. <...> The comparison of ombudsman models, which exist in the EU and Russia, is particularly interesting not only because of that institution novelty, but also due to the fact that the EU, which emerged in the mid – 20th century, has now grown into a highly developed form of European integration. <...> Within the legal internationalization using a positive experience is not only horizontally way, that is, by borrowing from the national legal systems the most valuable and innovative ideas, approaches, institutions and procedures, but also through their generalizations, enrichment and promotion at international and national levels and the reverse infl uence of international law on the national legal systems. <...> Whereas states with well-established democratic values and standards can demonstrate the effectiveness of the ombudsman institution, the Commissioner of Human Rights in Russia cannot, for many reasons (for example, low legal culture of offi cials, corruption etc.). <...> What’s more, the legislation contains a lot of gaps and provisions, which are issued in favor of power structures. <...> The aim of the note is to identify the Achilles’ heel of Russian legislation regarding ombudsman institute in comparison with the community of democratic states. <...> Keywords Ombudsman, human rights, constitution, democracy, legislation, European Union Volume 1 September 2014 Issue 1 www.kulawr.ru 118 KUTAFIN UNIVERSITY LAW REVIEW Human rights, which are proclaimed in constitutions of most modern states, have a great value both for individuals and mankind; the proclamation of human rights has a great impact for the growth of values awareness as well as for improving the quality of the legislation. <...> Declaration of the Rights and Freedoms of Man and Citizen (August 26, 1789) is a striking example of how important the proclamation of human rights and freedoms is. <...> Constitutions of many states, including the Constitution of the Russian Federation (December 12, 1993), proclaim that a human with his/her rights and freedoms is the supreme value <...>