The final court of human rights c. Basic conditions for applying to the European Court of Human Rights. On the new decree of the President of the Russian Federation: recognition of ECHR decisions

European Court of Human Rights(also known as the European Court of Justice, Strasbourg Court, ECtHR) is an international judicial body for the consideration of complaints of human rights violations, located in the French city of Strasbourg. Founded in 1959, the European Court of Human Rights is competent to rule on complaints brought by individuals or States alleging violations of the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms.

IV. Convention for the Protection of Human Rights and Fundamental Freedoms:

basis for the existence and activities of the ECHR

Convention for the Protection of Human Rights and Fundamental Freedoms (Convention for the Protection of Human Rights and Fundamental Freedoms) adopted on November 4, 1950 in Rome. The Convention establishes a list of fundamental rights that, first of all, member states of the Council of Europe are obliged to ensure. The Convention establishes the European Court of Human Rights, to which a person, organization, group of individuals or a State has the right to lodge a complaint if States fail to respect the rights guaranteed by the Convention.

Thus, the Convention includes rules of substantive and procedural law.

The Convention was supplemented by separate protocols, which are valid and legally form part of the Convention. The Convention was amended by separate protocols. Protocol No. 14 changed the procedure for considering cases, and also supplemented the text of the Convention with provisions guaranteeing the execution of final judgments (decisions) of the European Court of Human Rights. The text of the Convention was also previously amended by the provisions of Protocol No. 3, which entered into force on September 21, 1970, Protocol No. 5, which entered into force on December 20, 1971, and Protocol No. 8, which entered into force on January 1, 1990. , and also includes the text of Protocol No. 2. All provisions that were amended or added by Protocols 5 and 8 were replaced by Protocol No. 11, from the date of its entry into force - November 1, 1998. From this moment on, Protocol No. 9, which came into force on October 1, 1994, was repealed and Protocol No. 10 lost its purpose.

V. Composition of the European Court of Human Rights

Judges and the Secretariat of the ECtHR

The ECHR consists of 47 judges. The number of judges on the court is equal to the number of states parties to the Convention. Judges of the ECHR are elected by the Parliamentary Assembly of the Council of Europe from a list submitted by each state and including three candidates. They are elected for a nine-year term and cannot be re-elected. U

The ECHR has a subsidiary body - the ECHR Secretariat. The Secretariat includes lawyers, administrative and technical personnel, and translators. Currently, the Secretariat employs 679 people, of which 62 are Russian citizens.

VI. Powers of the European Court of Human Rights

The competence (jurisdiction, powers) of the European Court of Human Rights is mandatory for all state parties to the Convention for the Protection of Human Rights and Fundamental Freedoms.

Briefly and almost exhaustively about the powers of the ECHR. The European Court of Human Rights has the power to:

• consider individual and inter-state complaints lodged with the European Court of Human Rights against one or more member states of the Council of Europe or against the European Union;
• recognize the fact that one or another right of the applicant has been violated;
• award the successful applicant just compensation;
• interpret the Convention for the Protection of Human Rights and Fundamental Freedoms;
• establish the fact that any violation in a certain state is widespread due to a systemic problem, in connection with which to order this state to take measures to correct this deficiency;
• consider a request from the Committee of Ministers of the Council of Europe on the question of whether the respondent state has violated its obligation to implement judgments (decisions) of the European Court of Human Rights;
• give interpretation to a previously issued decision at the request of the Committee of Ministers of the Council of Europe;
• issue advisory opinions on the interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms on issues not related to the consideration of cases.

VII. Rights protected by the European Court of Human Rights

The list of rights the European Court of Human Rights monitors for compliance by member states of the Council of Europe is enshrined in the Convention for the Protection of Human Rights and its protocols:

1. Right to life
2. Prohibition of torture
3. Prohibition of slavery and forced labor
4. Right to liberty and security of person
5. Right to fair trial
6. Punishment based solely on the law
7. Right to respect for private and family life
8. Freedom of thought, conscience and religion
9. Freedom of expression
10. Freedom of assembly and association
11. Right to marry
12. Right to an effective remedy legal protection
13. Prohibition of discrimination
14. Property protection
15. Right to education
16. Right to free elections
17. Freedom of movement
18. The right to appeal sentences in criminal cases in the second instance
19. Right to compensation in case of miscarriage of justice
20. The right not to be tried or punished twice
21. Equality between spouses

VIII. Procedure for consideration of cases in the European Court of Human Rights

Complaints received by the ECHR are always considered first by the Registry of the Court, then either by a Sole Judge, or a Committee of three Judges, or a Chamber of seven judges (or 5 judges), or a Grand Chamber of 17 judges.

Since 2014, only a complaint in the established form can be filed with the Court (previously, it was possible to write a letter in any form (preliminary complaint), which expressed the intention to file a complaint and its essence).

An application for the application of preliminary measures by the European Court may also be submitted to the Court. In any case, a complaint is sent to the Court for a letter or application. Otherwise, the complaint proceedings will simply not be initiated, and the case initiated will be terminated.

Consideration of individual complaints is the main activity of the European Court of Human Rights. However, along with this, the ECHR resolves other issues: on the application of preliminary measures, on the issuance of an advisory opinion, the issuance of a pilot ruling, the interpretation of a previously issued ruling by the Court, proceedings on the issue of violation of the obligation to comply with a ruling. The last two proceedings were introduced by Protocol No. 14 to the Convention.

Who can file complaints to the ECHR

The European Court of Human Rights accepts complaints from any individual, legal entity or group of such individuals. The only exceptions are government bodies and organizations.

After which national authority can a complaint be filed with the ECHR?

The European Court accepts complaints only after exhaustion of domestic remedies, but not all, but only effective remedies. The power to determine whether a national remedy is effective rests with the European Court of Human Rights itself.

In relation to Russia, it is necessary to answer the question of what authority after which you can apply to the European Court of Human Rights (ECHR) as follows:

• In civil cases considered according to the rules provided for by the civil procedural code, as well as in cases of public legal relations resolved according to the code of administrative proceedings, a complaint to the European Court of Human Rights should be filed within 6 months after the cassation ruling of the Supreme Court of the Russian Federation (court of fourth instance) authorities.
• In criminal cases, as well as in cases of administrative offenses, considered under the Code of Administrative Offenses, a complaint to the ECHR must be filed after the court of the second (appeal) instance.
• Unlike civil and criminal cases heard in courts general jurisdiction, in cases considered in the arbitration court there is no exact certainty, since on at the moment The ECHR did not consider the question of whether the Supreme Court of the Russian Federation, which considers arbitration cases, replaces the abolished Supreme Court arbitration court, an effective remedy. However, the author is convinced that the answer will be positive.
• In certain cases, recourse to national courts may not be necessary.

IX. Statistical indicators of the work of the European Court of Human Rights

ECHR: statistics in 2016

Statistics from the European Court of Human Rights from 1959 to 2016

The main powers of the European Court of Human Rights are the competence to consider interstate and individual complaints. It is in the consideration of individual complaints that more than 99% of the activities of the European Court of Human Rights are concentrated.

From its founding in 1959 to June 10, 2016, the European Court of Human Rights has ruled:

• resolutions: 19001;
• motivated decisions: 22,483;
• advisory opinions: 3.

About half of the rulings and decisions were made against four states: Turkey (5,195), Poland (3,597), Russia (3,309),

ECHR statistics in pictures

Stages of complaints to the ECHR

X. European Court of Human Rights and the European Union

The process of accession of the European Union to the Convention is currently underway. After the European Union joins the Convention for the Protection of Human Rights and Fundamental Freedoms, it will also be possible to complain against the actions of the bodies and institutions of the European Union.

The European Union's accession to the Convention became a legal obligation under the Treaty of Lisbon, which entered into force on 1 December 2009. Legal basis the EU's accession to the Convention became Article 59 of this treaty (“The European Union may accede to this Convention”), as amended by Protocol No. 14 to the Convention, which entered into force on June 1, 2010.

The accession of the European Union to the Convention for the Protection of Human Rights pursues two main objectives:

• give citizens and organizations the opportunity to appeal against the actions of European Union bodies;
• balance the practice of the European Court of Human Rights and the Court of Justice of the European Union, which is located in Luxembourg.

XI. Address and website of the European Court of Human Rights

European Court of Human Rights
Council of Europe
67075 STRASBOURG CEDEX
FRANCE

The European Court of Human Rights (ECtHR) was created to ensure compliance with the obligations arising from the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms.

On February 4, 2010, Russia ratified the 14th Protocol of 2004 to the Convention, which reforms the ECHR mechanism and entered into force on June 1, 2010. On May 27, 2009, Protocol No. th Protocol.

Structure of the Court. According to the Convention, the number of ECHR judges is equal to the number of parties to the Convention. In accordance with Protocol No. 14, judges are elected for nine years by the PACE by a majority of the votes cast for him from a list of three candidates nominated by each state. Judges must be of the highest moral character and satisfy the requirements for appointment to high judicial positions, or be jurists of generally recognized authority. Judges participate in the work of the Court in a personal capacity.

Judges cannot be re-elected for a new term.

To consider cases, the Court forms Committees of three judges, Chambers of seven judges and a Grand Chamber of 17 judges. The Chambers of the Court form committees for a specified period. The Grand Chamber also includes the President of the Court, Deputy Presidents of the Court, Presidents of the Chambers and other members of the Court appointed in accordance with the Rules of the Court.

The plenary session of the Court consists of the judges of the Court. Its competence includes: elections of the Chairman of the Court, his deputies, as well as the Presidents of the chambers; formation of chambers and approval of their composition; elections of Grefier and his deputies, etc.

The Court has four Sections, which are formed at the Plenary Session of the Court at the proposal of the President.

The Chambers of the Court and the Grand Chamber of the Court directly consider cases and make decisions on the merits.

For each case that is assigned to one of the Sections, it forms a Chamber to consider it. The composition of the chamber includes: the Chairman of the Section, a judge from the state - parties to the case, and five members of the Section, who are appointed by its chairman in order of priority.

The Grand Chamber consists of 17 judges. Its meetings are presided over by the Chairman of the Court or one of his deputies. To consider a case, the required number of judges is included in the Grand Chamber in order of priority, but a judge from the state - a party to the case - must participate. Thus, in each case the Grand Chamber has its own composition. The Grand Chamber considers the most complex cases.

Committees are formed for a one-year term. The Committee decides whether a complaint submitted to the Section under which it is established is “admissible” under the requirements of the Convention. However, the committee does not consider the complaint on its merits; it checks whether it meets the eligibility criteria. Committees of three judges may decide on typical cases where the Court's practice is clear. Based on the 14th Protocol, at the request of the Court, the Committee of Ministers will be able to reduce the number of judges in the chamber, i.e. The court, for example, will be able to ask that the Chamber be composed of five judges rather than seven, in order to deal with cases more quickly and efficiently.

Greffier heads the Secretariat of the ECHR. The Secretariat consists of lawyers from States Parties to the Convention. The secretariat corresponds with applicants and assists the reporting judge in the case.

According to the Federal Law of 02/04/2010 No. 5-FZ "On the ratification of Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending the control mechanism of the Convention, dated May 13, 2004", the application of the Protocol must be carried out without prejudice to the process of improving procedures functioning of the ECtHR, primarily to strengthen the stability of its Rules. This does not exclude the adoption by the Committee of Ministers of the Council of Europe of additional measures aimed at strengthening control over the use of funds allocated to the Court. financial resources and ensuring quality staffing of the Registry of the Court, on the understanding that procedural rules relating to the ECtHR's complaints procedures must be adopted in the form of an international treaty subject to ratification, or through the State's expression of its consent to be bound by it in some other way.

If one of the parties to the dispute is Russian Federation, and the judge elected from it is not a member of the committee, Russia has the right to demand that the said judge be given the opportunity to replace one of the committee members.

Competence of the Court. The Court may receive applications from any individual, any non-governmental organization or any group of individuals who claim to be victims of a violation by one of the countries party to the Convention of their rights under the Convention or its Protocols. Thus, both an individual and an organization can file a complaint.

The court may only accept a case after all domestic remedies have been exhausted. This aspect is very important, since the criterion of “exhaustion” makes it impossible to consider the case in the ECHR.

In relation to Russia, the ECHR expressed its position regarding the exhaustion of domestic remedies, recognizing the consideration of the case by the court of first and cassation instances as effective and sufficient for filing a complaint in court. The supervisory authority was not recognized as effective, since the initiation of supervisory proceedings depended on discretionary powers officials. Reforming supervisory proceedings in Russia (according to the law, interested entities have the right to directly appeal against decisions that have entered into legal force court rulings at three supervisory authorities) may also affect the attitude of the ECHR and, possibly, a revision of the position regarding the effectiveness and sufficiency of only two instances.

In accordance with Art. 35 of the Convention, “the court may accept the case for consideration within six months from the date of the final decision on the case by the national authorities.” This period is preemptive and makes it impossible to count on declaring the complaint admissible. In exceptional cases, the Court may accept a complaint for consideration and make a decision even in the absence of a final decision, if national legal proceedings are unduly delayed.

The Court will not entertain an application if it: is anonymous, or is substantially similar to one that has already been examined by the Court, or is already the subject of another procedure of international investigation or settlement, and if it does not contain new relevant facts. The Court shall declare inadmissible any individual application if it considers it to be incompatible with the provisions of the Convention or its Protocols, manifestly unfounded or an abuse of the right of application.

If the Court declares the application admissible, it: a) continues the examination of the case with the participation of representatives of the parties concerned and, if necessary, carries out an investigation, for the effective conduct of which the interested States shall make every effort necessary conditions; b) places himself at the disposal of the parties concerned with a view to ensuring an amicable settlement of the matter on the basis of respect for human rights recognized in the Convention and its Protocols.

Sessions of the Court are open. When considering a case against a state, a judge elected from that state must participate (Article 38 of the Convention).

Persons taking part in proceedings commenced before the Court, as parties, representatives or advisers, as well as witnesses and experts called by the Court, and other persons invited by the President of the Court to take part in the proceedings, have immunities from judicial proceedings in respect of oral or written statements or documents or other evidence submitted by them to the Court.

States respect the right of said persons to correspond freely with the Court. As for those in custody, then: a) their correspondence is sent and delivered without unlawful delay and without alteration; b) they are not subject to disciplinary action in connection with any communications sent through proper channels to the Court; c) they have the right to correspond with and consult with a lawyer qualified to appear before the courts of the country where they are detained regarding the application to the Court or any proceedings arising therefrom.

States undertake not to impede the free movement and travel of persons to attend trial and return after giving evidence.

In accordance with Art. 41 of the Convention “where the Court declares that there has been a violation of the Convention or its Protocols and the internal law of a High Contracting Party allows only partial redress of the consequences of this violation, the Court, if necessary, awards just compensation to the injured party.”

The Court may, at the request of the Committee of Ministers of the Council of Europe, give advisory opinions on legal questions concerning the interpretation of the provisions of the Convention and its Protocols.

The court's decision is final and cannot be appealed.

If the violation recognized by the Court continues to have negative consequences for the applicant, it becomes necessary to take individual measures in domestic law. In order to remedy the violations concerning the individual situation of the applicant, the respondent State may reimburse the victim for all costs, return to the previous state, not enforce the decision of the national authority, or reopen the proceedings at the domestic level. Emphasizing the importance of reopening proceedings, the Committee of Ministers of the Council of Europe adopted Recommendation No. 14 (2000) 2 “On the review of cases and the reopening of proceedings at domestic level in connection with decisions of the European Court of Human Rights”.

On 12 May 2004, the Committee of Ministers of the Council of Europe adopted the Declaration “To ensure the effective implementation of the European Convention on Human Rights at national and European levels”. According to Art. 46 of the Convention, the decision of the Court is sent to the Committee of Ministers of the Council

Europe, who oversees its execution. If the Committee of Ministers considers that the implementation of a decision of the ECtHR requires interpretation by the Court, it may apply to the Court for this purpose.

States are obliged to voluntarily implement ECtHR decisions. All measures that must be taken by a state party to the Convention in pursuance of decisions of the ECtHR can be divided into two categories: individual measures and measures of a general nature. If the Committee of Ministers considers that a state refuses to comply with a decision of the Court, it may declare a failure to comply with obligations.

Speaking about general measures, it should be noted that they are sometimes difficult to define and implement. In order to effectively implement the ECHR decision and take general measures, it is necessary to carry out analytical work and identify the reasons that led to violations. They can be either a contradiction between legislation and the Convention (conflict), or a lack of special legislation(legal vacuum). The subjective factor (judges’ perception of the provisions of both domestic legislation and the norms of the Convention) cannot be ignored. This is why the publication of ECHR decisions and their study by the judicial community plays a role important role in their implementation.

Legal nature of the Court's decisions. The nature of the ECtHR judgments is important. Opinions on this issue are expressed diametrically opposite. Some scholars recognize the precedent nature of the decisions made by the Court, while others propose to consider decisions as an ideological component containing recommendations to national authorities that it is desirable to enshrine in legislation.

The ECHR rulings are not precedents (in the sense of sources of law). As you know, a precedent is a decision of a court or administrative body in a specific case, creating a new rule of law and mandatory when considering similar situations. Individuality, normative novelty, and obligatory nature are necessary features that together form the concept of precedent as a source of law.

In accordance with paragraph 6 of Art. 1 Federal Law dated March 30, 1998 No. 54-FZ “On the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto” “The Russian Federation, in accordance with Article 46 of the Convention, recognizes ipso facto and without a special agreement the jurisdiction of the European Court of Human Rights as mandatory on issues of interpretation and the application of the Convention and its Protocols in cases of alleged violation by the Russian Federation of the provisions of these treaty instruments, when the alleged violation occurred after their entry into force in relation to the Russian Federation."

By virtue of Art. 46 of the Convention, the high contracting parties undertake to comply with the final judgments of the Court in cases in which they are parties. Thus, the ECtHR does not create new norms of international law. The Court examines whether the State Party has complied with the Convention or not. In its 1978 judgment in Ireland v. the United Kingdom, the Court emphasized that its acts “serve not only to resolve specific disputes but also, more generally, to clarify, protect and develop the rules of the Convention.” The Court also facilitates compliance by States Parties to the Convention with their obligations.

Thus, acts of the ECHR are not sources of international law.

Complaints from individuals, organizations and states related to violations of the European Convention for the Protection of Human Rights and Fundamental Freedoms are considered by an international judicial body located in Strasbourg, called the European Court of Human Rights. Appeals are considered by 47 judges (which corresponds to the number of states parties to the Convention), who are independent and do not represent the interests of a particular country. How to file a complaint to the European Court? What cases are considered by this body? After what authority can a complaint be filed with the ECHR? Let's study these questions in more detail.

Who can apply to the ECHR and in what situations?

The following have the right to apply to the Strasbourg court:

• - citizens;
• -legal entities;
• -states.

Only a country that has ratified the Convention can become a defendant. This body does not consider complaints against the actions of individuals or legal entities; the offense must be committed only by an authority.

Only a citizen whose rights have been violated can seek help. This can be done in person or through a representative.

A prerequisite for applying to this international judicial body is a violation of the norms prescribed in the European Convention. This document protects the rights to:

1. life;
2. freedom of thought and conscience;
3. fair trial;
4. respect for privacy;
5. free elections;
6. freedom of movement and a number of others.

The Convention prohibits:

• -torture;
• -slavery;
• -forced labor;
• - illegal arrest;
• -discrimination;
• - inhumane attitude;
• -death penalty;
• - deportation outside the country.

This is the last resort that can help restore violated rights. Therefore, you can turn to it only after filing complaints with national judicial authorities has not brought the desired result.

After what authority can I apply to the Strasbourg court?

Citizens of the Russian Federation who want to defend their rights should know After what authority do they have the right to apply to the ECHR:

1. Complaints in civil cases related to public legal relations involving individuals, which were considered by courts of general jurisdiction in accordance with the norms of the Code of Civil Procedure of the Russian Federation, as well as in the event of disputes arising in public legal relations, the consideration of which took place in accordance with the norms of the CAS of the Russian Federation, are filed with the Strasbourg court within 6 months after the Supreme Court of the Russian Federation issues a cassation ruling . The Supreme Court in this case is the court of the 4th instance, given that initially cases are considered at the level of district justice bodies.
2. If decisions in criminal cases or administrative offenses that were made by courts of general jurisdiction in accordance with the Criminal Code, the Code of Administrative Offenses are disputed, you can file an application with the ECHR after applying to the court of the second, appellate instance.
3. Challenging decisions in civil cases and in the event of disputes related to public legal relations, the participants of which were legal entities or individual entrepreneurs which were accepted by the arbitration court (in accordance with the norms of the Arbitration Procedural Code) possibly within six months after their consideration by the court of the first cassation instance.

If everything is clear with civil and criminal cases, then with challenging decisions on arbitration cases there are some difficulties. After the liquidation of the Supreme Arbitration Court, the ECHR did not clarify whether in this case an appeal to the Supreme Court of Russia is mandatory.

How to properly file a complaint?

The procedure for applying to an international judicial body is quite lengthy and requires the involvement of a specialized lawyer. Apply yourself necessary documents, without special knowledge, it will be difficult.

If previously it was necessary to send a letter to Strasbourg outlining the essence of the problem and wait for the court’s form to be sent back, now it can be downloaded on the official website of the ECHR and the completed form can be sent by mail. Documents are sent to:

An appeal to this body does not require the presence of the applicant. Please remember that there are deadlines for applying. The document is drawn up in official English or French or on official language country ratifying the Convention (in our case in Russian).

When filling out the form, the subject of the complaint is briefly stated and the rights that, in the opinion of the applicant, have been violated, are listed. The document states:

• -full name of the person seeking help;
• - information about the place of its registration;
• - information about the respondent state.

The form is accompanied by documents confirming an attempt to solve the problem at the national level ( court decisions). You can contact the ECHR anonymously. Only in this case will it be necessary to explain why the applicant does not want to disclose his name. The decision on this issue is made by the chairman of the court.

It is noteworthy that you do not need to pay to apply to the European Court of Human Rights. This was done specifically to give low-income citizens the opportunity to defend their interests.

The applicant is informed in writing whether the application has been accepted.

Terms and procedure for consideration of the application

It usually takes quite a long time for the court to consider complaints. This is due to the heavy workload of judges. However, in cases where the life or health of the applicant is truly in danger, the procedure can be accelerated.

The application review process can be divided into several stages. The first is to determine whether the complaint is admissible and whether it complies with the requirements of the Convention. If not, the appeal is rejected by the judge alone.

In the event that an application is accepted, and decisions have been made in cases of this type previously, it is considered by a Committee of 3 judges. If such appeals have not previously taken place, the case can be considered by a Chamber of 7 judges. They report the complaint to the respondent state and provide an opportunity for both parties to explain the case. The decision is made by a majority vote.

In some cases, the parties are given the opportunity, within 3 months after the decision of the Chamber of seven judges, to petition the Grand Chamber, which consists of 17 people. The decision they make is final.

Conditions for admissibility of a complaint

Experts of the European Court of Human Rights identify about 10 admissibility conditions:

1. Conditions based on the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms:

• circumstances of time - ratione temporis;
• circumstances of the place - ratione loci;
• circumstances on the merits - ratione materiae;
• circumstances of a person - ratione persona.

2. Exhaustion of local remedies:

• 6-month circulation period;
• the validity of the complaint;
• inadmissibility of anonymity of the complaint;
• inadmissibility of abuse of the right to appeal;
• repetition of the complaint.

Time adverbial condition

The first condition is the circumstance of time, ratione temporis, which means that the state, by signing and ratifying this or that international treaty, assumes an obligation to fulfill it from a certain moment. The Russian Federation has accepted the obligation to respect human rights guaranteed by the International Covenant on Civil and Political Rights since October 1, 1991, and human rights provided for in the European Convention for the Protection of Human Rights and Fundamental Freedoms since May 5, 1998. Consequently, the Russian Federation The Federation is not responsible before the UN Human Rights Committee for those violations of the International Covenant on Civil and Political Rights that occurred before October 1, 1991. Likewise, the Russian Federation is not responsible for violations of human rights before the European Court of Human Rights for violations admitted before May 5, 1998

Place circumstance condition

Circumstances of place, ratione loci, means that the violation of a right must occur in the territory that is under the jurisdiction of one of the states that is a member of the Council of Europe and, accordingly, has signed and ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Condition of the essence of the appeal

This condition (ratione materiae) limits the possibility of appealing to the European Court of Human Rights only to those rights that are provided for the protection of human rights and fundamental freedoms and the Protocols thereto. A similar rule exists for appealing to the UN Human Rights Committee, which can only be implemented in relation to those rights that are provided for by the International Covenant on Civil and Political Rights.

Face condition

The circumstances of the person, ratione persona, concern who and against whom can complain to the European Court of Human Rights. The defendant in the European Court of Human Rights is always a state that is a member of the Council of Europe and has signed and ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms and which has violated human rights and fundamental freedoms as provided for in the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Anonymity of the complaint

A complaint to the European Court of Human Rights should not be anonymous. The court must know who exactly is complaining about a violation of the right. The application form to the European Court, like the application form to the Human Rights Committee, provides columns dedicated to the identification of the applicant: last name, first name, patronymic, place of residence, year of birth and place of birth, address, type of activity, etc.

The applicant may request the President of the European Court not to disclose his data and not to transfer it to the government if he has reason to believe that the government may use these data to worsen his situation. In this case, in all documents of the Court, the applicant is identified by a letter.

Abuse of right

A complaint may be declared inadmissible due to abuse of right in two cases. Firstly, the applicant, by applying to the European Court of Human Rights, undertakes the obligation to maintain his appeal throughout the entire consideration. If he does not respond within a reasonable time to requests from the Secretariat, does not provide new information about the progress of his case in internal procedures or provides false information, this means that he is abusing the right to appeal to the European Court. Secondly, the applicant must be correct when addressing international legal authorities, and must not make offensive statements against the state as a whole, as well as individual officials, commercial firms, citizens, non-profit organizations etc. Failure to comply with this rule is also an abuse of the right to appeal and may result in the complaint being declared inadmissible.

Repetition of the complaint

Finally, the last criterion for admissibility is the repetition of the complaint. The European Court of Human Rights will not consider a complaint that has already been the subject of its consideration, and has also been the subject of consideration by another international legal body, in particular the UN Human Rights Committee. Repetition of the application means that the application was filed by the same person, against the same state, on the same circumstances, which have already been considered by the Court, both on the issue of admissibility and on the merits.

Due to its popularity, the European Court of Human Rights receives approximately 70,000 cases each year. The vast majority of them remain unsatisfied by the Court due to inadmissibility. All cases are reviewed by lawyers and judges before a decision is made to dismiss them. They thus clog the Court's docket and prevent the consideration of cases that deserve greater attention and meet the admissibility requirements, which may involve serious allegations of human rights violations.

You may lodge a complaint with the Court if you believe that you have personally and directly been the victim of a violation of the rights and freedoms set out in the Convention or its protocols. The violation must be committed by one of the states that has signed the Human Rights Convention.

The Convention protects, in particular, the following rights:

1. right to life;

2. the right to a fair trial in civil and criminal cases;

3. the right to respect for private and family life;

4. freedom of expression;

5. freedom of thought, conscience and religion;

6. the right to an effective remedy;

7. the right to respect for property;

8. the right to vote and be elected.

Before filing a complaint with the European Court of Human Rights (ECtHR), it is necessary to familiarize yourself with the rules of admissibility (requirements set out in the Convention), failure to comply with which may result in the complaint being rejected.

There are three types of grounds of inadmissibility: procedural, jurisdictional and substantive.

So, in order for your case to be considered by the European Court, you must make sure that it does not meet any of the grounds of inadmissibility.

In order for your complaint to successfully pass through the procedural grounds of inadmissibility, you must:

1. exhaust domestic remedies;

The European Court is the final authority to which you address your complaint. It is first necessary to use all legal remedies in the respondent state, and sometimes to file a complaint with a higher court, e.g. Supreme Court or the Constitutional Court.

2. comply with the six-month period from the date of the final decision on the case by the national authorities;

To file a complaint with the European Court, you only have six months from the date of the final decision at the national level (usually a cassation court decision). After this period, the Court will not be able to accept your complaint for consideration.

3. make sure that the complaint is not anonymous;

A complaint filed with the European Court of Human Rights is considered anonymous when there is not a single document in the file that allows the identity of the applicant. The complainant must be properly identified on the complaint form. The court has the right to decide not to disclose the identity of the applicant; in this case, the applicant’s name is indicated by initials or simply one letter.

4. be confident in the uniqueness of your complaint;

A complaint must be rejected where it is substantially similar to one already examined by the Court or under another procedure of international investigation or settlement and does not contain new relevant facts.

5. do not abuse the right to file a complaint;

We are talking about a situation where an authorized person, when exercising his right, grossly goes beyond what is permitted. Cases where the Court has established the existence of abuse of the right to file a complaint include: misinformation of the Court; use of offensive language; violation of the duty of confidentiality regarding the settlement agreement, as well as filing a complaint without any serious grounds.

For your case to successfully pass jurisdictional grounds of inadmissibility, it must:

1. be compatible ratione personae with the provisions of the Convention or its Protocols;

The complaints are rejected as incompatible on the following grounds:

If, in accordance with Article 34 of the Convention, the applicant is not entitled to submit it;

If the applicant is unable to prove that he is a victim of the alleged violation;

If the complaint is filed against a private individual;

If the complaint is filed against a state that has not ratified the Convention or directly against an international organization that has not acceded to the Convention;

If the complaint concerns the Protocol to the Convention, which the state has not ratified.

2. is consistent ratione loci with the provisions of the Convention or its Protocols;

The criterion of compatibility ratione loci is met when the alleged violation of the Convention was committed within the jurisdiction of the respondent State or in territory under the effective control of that State. A complaint will be incompatible ratione loci if it concerns a dependent territory and the State Party has not made a declaration in accordance with Article 56 (formerly Article 63) extending the application of the Convention to that territory.

3. is compatible ratione temporis with the provisions of the Convention or its Protocols;

According to general principles international law(the principle of “treaties do not have retroactive effect”) the provisions of the Convention have no effect on a Contracting Party either in connection with actions or events preceding the date of entry into force of the Convention in relation to that party, or in connection with situations that ended before that date.

4. is compatible ratione materiae with the provisions of the Convention or its protocols;

The compatibility of the complaint or claim ratione materiae is derived from the substantive competence of the Court. For a complaint to be compatible ratione materiae, the right relied upon by the applicant must be protected by the Convention and its Protocols which have entered into force. For example, complaints regarding the right to receive driver's license, regarding the right to self-determination, or the right to enter and remain in the territory of a State Party for persons who are not citizens of that State, regarding rights that, as such, are not among the rights and freedoms guaranteed by the Convention.

To ensure your complaint goes through successfully material grounds inadmissibility, it is necessary:

1. make sure that it is justified;

Any complaint that, based on a preliminary examination of its material content, contains signs of a violation of the rights guaranteed by the Convention and can therefore be immediately declared admissible is considered substantiated.

2. assess the significance of the harm caused to you

The concept of “substantial harm” is based on the idea that a violation of a right, despite its reality from a legal point of view, must reach a minimum level of severity in order to be considered in an international court. Violations that are purely technical and unimportant outside the formal framework do not deserve control at European level.

If your complaint has successfully passed all grounds of inadmissibility, it is declared admissible and the Court invites the parties (you and the respondent state) to reach an amicable agreement. If settlement agreement not achieved, the Court considers the case “on the merits”, relying on all materials submitted for consideration, and determines whether there has been a violation of the rights protected by the Convention.

Based on the results of the consideration of the complaint in the European Court, you can count on:

• Individual measures, after the European Court has rendered a ruling in your favor: in a criminal case, the sentence is subject to review in accordance with Art. 413 Code of Civil Procedure of the Russian Federation, according to civil case the decision will be reviewed on the basis of Art. 392 Code of Civil Procedure of the Russian Federation.
• Taking large-scale measures to correct the situation as a whole (measures of a general nature) if a systemic violation of the Convention by the state is established. The “pilot” rulings of the European Court play a big role in this, by which, in addition to the fact of a violation of the Convention, the Court establishes that the violation is of a massive nature, due to structural or systemic dysfunction legal system respondent state. Such decisions include, for example: - “Burdov (No. 2) v. Russia” (2009, “pilot”; on non-enforcement of sentences Russian ships); “Ananyev and others v. Russia” (2012, “pilot”; about conditions of detention in pre-trial detention centers); “Aslakhanova and others against Russia” (2012, about shortcomings in the investigation of crimes in the North Caucasus); “Gerasimov and others v. Russia” (07/01/2014, “pilot”; about non-compliance with sentences of Russian courts on the provision of housing and utilities).
• Compensation for moral damage. In accordance with Art. 41 of the Convention. Compensation is usually calculated in euros (EUR, €), and can range from several thousand to several hundred thousand EUR. One of the largest compensations for individuals in cases against Russia was awarded in the case “Aslakhanova and Others v. Russia” (Aslakhanova and Others v. Russia) and amounted to about 1.9 million EUR.
• Reimbursement of expenses and losses. The principle applied to damages is that the applicant should, as far as possible, be returned to the situation that would have existed in the absence of the violation, in other words, the principle of restitutio in integrum. We can talk about compensation for both actual damage actually caused (damnum emergens), and expenses that must be incurred to restore the violated right in the future, as well as lost profits (lucrum cessans).