| Popis: |
In this article, were analyzed the process of litigation in the European Court of Human Rights. We have found that the problem of informing the public about the role of the court is insufficiently studied and researched. This issue is mainly caused by the fact that the population of Ukraine does not know the real process of litigation in the European Court of Human Rights. We have determined that having the ability to protect your rights in court and being able to do it in an effective way are absolutely different actions. Were established that the high authority of the European Court of Human Rights has been gained by continued compliance with the Convention for the Protection of Human Rights and Fundamental Freedoms. The European Court of Human Rights bases his activity onto according to the principle of the rule of law. Also we have described in detail the mechanism of functioning of all structural elements of the European Court of Human Rights, from single judje to the Grand Chamber. The single judge can only reach a verdict that your petition is unacceptable. Committees have the competence to analyze petitions if there is a traditional and well-used case law on this category of complaints. This approach to decision-making is operated in cases «Yavoronenko and others v. Ukraine» and «Brenko and others v. Ukraine». The next element of the European Court of Human Rights is the chambers. Unlike committees, chambers deal with complaints with more serious circumstances. This approach to decision-making is operated in cases «Berlizev v. Ukraine» and «Goryaynova v. Ukraine». In most cases Grand Chamber reaches a verdict in exceptionally important cases such as disputes between countries. It is proved that such issues remain especially relevant for Ukraine, primarily due to the military conflict with the Russian Federation. In order to declare its legal position to the world community, Ukraine has to make a regular application to the European Court of Human Rights. |
