How it is correct to address to the European Court of Human Rights?What disputes are considered by the European Court of Human Rights?
the European (Strasbourg) court on human rights considers disputes between the states and citizens, but not between citizens and legal entities therefore if all Russian courts refused to you the claim for collecting a salary from your enterprise, then you cannot make the same claim in the European court. In this case you can handle claims there to the Russian Federation which did not protect your labor law in national courts.
Of what violations can complain to the European Court of Human Rights?
the European court considers not any violations of the our rights but only those which are provided by the Convention on protection of human rights and fundamental freedoms which is called still the European convention on human rights.
I.e. it is possible to go to Russia to the European law only if it violated your any right provided by the European convention, and, therefore, the European court cannot consider violations of the Russian legislation which are not at the same time violations of the Convention.
When can address to the European Court of Human Rights? can only Make to
the complaint in the European court when all internal means of protection and only within six months are exhausted after the Russian authorities pass a final decision on your business.
It means that you have to make everything depending on you to solve the problem in Russia, and only if you are not able to make it, you will have a right for the appeal to Strasbourg Court.
As the vast majority of disputes in our country vessels can be submitted, you surely have to appeal with the problem to Russian court and if it refuses to you, then it is necessary to appeal against this decision until to you it is not refused finally.
I.e. if the decision on a civil case or a sentence on criminal which violate the European convention were taken out by the magistrate, you have to make appeal complaints about them in district court if they were taken out by district court, you should file a lawsuit appeals of your territorial subject of the federation (regional, regional) etc.
Until recently European court took cognizance of complaints of the Russian citizens right after they were refused by courts of cassation instance since he considered that in Russia revision of affairs in an order of supervision depended not on desire of citizens, and on a discretion of heads of court and prosecutor`s office.
Today after acceptance new Civil procedural and Criminally - procedural codes reconsideration of the case as supervision begins according to the petition from the citizen, and the European court can consider that to the address to him it is necessary to make at first the complaint about reconsideration of the case as supervision in presidium of court of the territorial subject of the federation, then in the Supreme Court, and then in its presidium.
Before the European court resolves this issue, I suggest to arrive as follows. The complaint in Strasbourg Court needs to be made right after you lose the case in court cassation or the court of appeal, having at the same time made the complaint in superior Russian court as supervision.
If the European court does not take your complaint from - for the fact that you did not appeal against the decision in a supervising order, then after consideration of the supervising complaint you appeal to the European court again and, thanks to it, do not pass six-months term on its giving.
Since what moment of violation become jurisdictional to the European Court of Human Rights?
Appealing to the European court, it is necessary to remember that he considers complaints to violations of the European convention which took place after its entry into force for the Russian Federation, i.e. after May 5, 1998
If you complain of violation of your rights which happened before this date, then the European court will refuse adoption of the complaint.
How to address to the European Court of Human Rights?
Official languages of the European court are English and French, but you can write the complaint in Russian.
It is necessary to correspond with the European court to the address:
of The Registrar
European Court of Human Rights
Council of Europe
F - 67075 STRASBOURG CEDEX
FRANCE - FRANCE
the Author: lawyer Berlin E. M.