The Supreme Court was able to apply to the European Court of Human Rights for consultation

On August 1, 2018, Protocol No. 16 to the European Convention on Human Rights came into force, allowing national courts to receive ECHR hearings on human rights cases. Data document allows us natsyonalnыm courts and tribunals эtyh obraschatsya in countries with ESPCH hodataystvamy Provision of th konsultatyvnыh concluded by tolkovanyem and primeneniem rights and freedoms ustanovlennыh ee Evropeyskoy this Convention and protocols.

It is worth noting that to seek consultation is my opportunity only one higher court in the country. In Ukraine, this right can be exercised by the Supreme Court. Also, an essential condition for the exercise of such a right is that courts can only ask for advice on matters that are in their production.

In practice the same, This will be vыhlyadet follows way: IN TIME kassatsyonnoho obzhalovanyya solutions courts of the first and apellyatsyonnoy ynstantsyy, kassatsyonnaya ynstantsyya in sluchae Need, obraschaetsya for razъyasnenyem / Consultation in ESPCH on the Application rules this Convention, kotoryya, in turn, Such Consultation gives the. However it is not known Such Consultation will be general access and circulation Submissions may be used in the courts to vseh ynstantsyy will be "Close" and type of individual, solely for Using kollehyey judges kassatsyonnoy ynstantsyy.

However, it is an important nuance that the ECtHR has reserved the right to determine whether to provide advice or not. In addition, the ECtHR has established that the application of the national court should contain relevant legal and factual information in the case under consideration.

For reference, Protocol No. 16 Ukraine ratified in October 2017. It was determined that from August 1, the document entered into force with respect to all signatories and ratifiers. In addition to Ukraine, it is Albania, Armenia, Estonia, Finland, France, Georgia, Lithuania, San Marino and Slovenia.

Posted by Anatoly Perepelchenko, Deputy Managing Partner of Uk Prikhodko & Partners