Protection of rights in the European Court of Human Rights

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Having gone through all the courts of their country and not having received satisfaction of their legal claims, each individual can turn to the international court of justice - the European Court of Human Rights. It is located in Strasbourg and deals with appeals on the facts of human rights violations. Its competence includes both individual complaints of applicants and claims of entire states.

This unusual court for the protection of human rights issues rulings that are binding on States parties and is the final court of last resort on the principle of subsidiarity. On the basis of those rulings, the respondent States are forced to amend their administrative and judicial practices that do not comply with the Convention and the protection of human rights. Its jurisdiction extends to all countries that are members of the Council of Europe, and Ukraine is not left out of the advanced progressive states.

Why should I appeal to the European Court of Human Rights?

Is it worth to appeal to the ECHR if all judicial instances refused to satisfy the claim, and formally the law is on the side of the one who violates the rights of a particular person, acting within the framework of the law? To make such a decision one should understand the difference between the judicial system of Ukraine and the one preferred by the Strasbourg Court. Today the situation is such that the Ukrainian judicial authorities in all instances prioritize the literal interpretation of the articles of laws and, accordingly, make a formal decision that does not satisfy the affected party.

Unlike us, the protection of human rights in the European Court of Human Rights above all puts these very rights of victims and is based on the principle of fairness of the decision, excluding the possibility of violation of such rights. For example, if your dwelling is located near any enterprise, in the zone of its emission of harmful substances into the atmosphere or water body, then in case of compliance with the permitted standards of environmental pollution, the decision in favor of the residents constantly exposed to negative environmental attacks will not be taken, because the concentration of emissions does not exceed the norm.

The European Court of Human Rights looks at it quite differently and may well take your side and punish the offender. For this reason, filing a complaint with the ECHR is very likely to restore your trampled rights and restore justice.

How to apply to the European Court of Human Rights?

First of all, it is necessary to understand whether the circumstances of your case fit within the scope of the issues considered by the ECtHR. To do this, you will have to carefully read the text of the Convention, choose the appropriate rights and monitor the decisions on similar cases, paying attention to all their nuances, because it is possible that your case will be approached with the same measure. Also check that the deadlines for filing complaints have not been missed, because the main criterion is to comply with the deadline of six months from the date of violation of the right.

Referring a case to the EHRC is quite troublesome and not as simple as it may seem at first glance. Even with good theoretical training, a person unfamiliar with jurisprudence will find it difficult to navigate through the articles and court precedents. If you are seriously interested in restoring justice, it will be more appropriate to entrust the representation of your interests to a professionally trained law firm.

And this service is provided by Legal Solutions, a leading domestic law firm specializing in the preparation of documents to the European Court of Human Rights and their support on behalf of the client.

The processing of complaints to the ECtHR consists of the following parts

Pre-communication with the respondent (the offending state), when the initial review of the submitted documents takes place and the court decides whether the complaint is admissible.

Communication of the accepted complaint to the offending state, which is obliged to provide explanations on the essence of the case within a set period of time. At this time it is still possible to resolve the matter amicably.

Time limit for consideration of the application

Judging by the practice of consideration of cases in the EHRC, the average period of its stay in the proceedings varies from two to five years, depending on the circumstances and complexity of the case. More rapid decisions are made by the court in matters where there is a risk of negative impact on the health or life of the complainant, in some cases the final decision can be made even in a matter of days.

Procedure for the execution of the judgment of the European Court of Human Rights

According to the current legislation, the organization for the protection of human rights in Ukraine is the State Executive Service. It is called to monitor the deadlines set by the court and the strict execution of its orders. The decisions of the European Court of Human Rights that have come into force must be enforced, so the Supreme Court of Ukraine issues its ruling on the review of decisions adopted by lower courts. For willful evasion from the implementation of an international court decision, Ukrainian law provides for imprisonment of three to eight years for officials.

Why us?

Legal Solutions has a huge invaluable practical experience in working with the ECtHR, which will be very useful for obtaining the desired result. Our valiant lawyers will prepare documents within the required timeframe and in strict compliance with international requirements. And although the filing of a complaint can be done without an official lawyer, it is better to have it drafted by a specialist. Our knowledge and participation in the cases considered by the ECtHR allow us to guarantee the high quality of our work!

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