Kulikov Igor
Kulikov Igor

Attorney

Phone numbers
+38 (093) 007-44-31 +38 (093) 007-44-50

Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation

Contact now
Protection of human rights in the ECtHR

Protection of human rights in the ECtHR

What do most people do when their rights are violated? They turn to the court for help. However, there may be cases when the appeal to the court did not allow to obtain the desired result. What is the way out of this situation? This is the protection of human rights in the ECtHR (European Court of Human Rights). In this article, our experts, lawyers of the Prykhodko and Partners office will tell you how the procedure for applying to the ECtHR takes place and how the case is considered.

What cases does the ECtHR deal with?

In the conditions of a full-scale war, the number of appeals by Ukrainians to the ECtHR increased. Although this court does not directly deal with war crimes. Both individuals and legal entities can apply to the ECtHR. The European Court is politically oriented. That is, very often representatives of the ECHR pay attention to such issues as:

  • Violation of the rights of convicts.
  • Persecution of representatives of the LGBT community.
  • Failure to observe the constitutional rights of citizens, etc.

Please note: an appeal to the ECHR is possible only in those cases when all available methods of legal protection in Ukraine have been exhausted. That is, you went through all the courts.

Photo Protection of human rights in the ECHR

The deadline for submitting an application is within 4 months from the day when the final decision of the national court is adopted (it is not subject to appeal).

Applying to the ECtHR on your own is quite difficult. You will definitely need the help of a professional lawyer.

Important: The European Court does not replace the role of a national court. It is not a higher instance than a national court. The ECtHR cannot change/overturn decisions of national courts.

In the process of considering applications from individuals, the Court comes to a conclusion, whether the state has really committed a violation of its obligations under the Convention on Human Rights and its protocols. If the fact of violation is recognized, appropriate measures of influence are applied.

How to properly file an application to the European Court of Human Rights?

Lawyers Prykhodko and Partners will help prepare an individual statement. It is drawn up in writing in one of the languages ​​of the states that have ratified the Convention on Human Rights. The application to the ECtHR is made on an official form.

The following information is indicated in the application:

  1. Information about process participants.
  2. Presentation of the facts of the violation.
  3. Indication of specific rights and freedoms that have been violated.

In addition, references to the articles of the Convention that were violated are indicated.

  1. Concise statement of requirements.
  2. Indication of the national means of legal protection that have been used.
  3. Providing evidence.
  4. Signing the application and indicating the date of its signing.

Photo Protection of human rights in the ECHR

If, after considering the case, the Court recognized that Ukraine has violated the plaintiff’s rights and freedoms, the person acquires the status of debt collector and has the right to demand the execution of the relevant decision.

Execution of ECtHR decisions is possible in the following aspects:

  • Payment of compensation

An important condition is that it must be awarded or stipulated in the terms of the settlement.

  • Taking additional measures.

These measures of an individual nature have the following purpose – to restore the rights that have been violated.

  • Activities of a general nature.

They are aimed at preventing the risk of similar violations occurring in the future.

Assistance of lawyers in applying to the ECHR

Thus, if you have not found a solution to your problem in the Ukrainian courts, the solution may be an appeal to the European Court of Human Rights.

Our lawyers have the necessary experience in filing an application to the ECHR. All you need to do is contact the specialists of Prykhodko and Partners. We have sufficient experience of interaction with international organizations.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for filing an application to the ECHR, fill out the form below.

Calculate the cost of services

1 question

Are you planning to file a complaint with the European Court of Human Rights (ECHR)?

Yes
No

2 question

Has the procedure for preparing a complaint already started?

Yes
No

3 question

Are you in Kyiv?

Yes
No
Successful cases on the topic:
Articles on the topic:
20%
discount
If we do not
call back
during the day
Consultation
Law company
Leave a request for legal assistance right now:
9+ years on the market
70+ professional practitioners
Fixed price
Online / offline consultation

Trial lawyer: support and defense in court

A lawyer in a business process Answer to the response to the appeal Answer to the response to the statement of claim Appeal against a court decision Appeal against a court decision in a civil case Appeal against dismissal of prosecutors Appeal against the decision of the court of first instance Appeal against the decision of the court of first instance Appeal against the judgment of the ECHR Appeal to the ECHR by a legal entity Appeal to the European Court of Human Rights Appealing an international commercial arbitration decision Appealing court decisions Appealing decisions of controlling bodies Appealing the arbitration court decision Appealing the decision of the Medical Advisory Commission Application for annulment of a court order Application for issuance of a court decision Application for issuance of writ of execution Apply to the European Court of Human Rights Cancellation of court order Cassation appeal against the decision of the Court of Appeal Challenging a notary’s executive inscription Claim in international commercial arbitration Commercial Arbitration Compensation for damage caused by illegal decisions, actions, or inaction Counterclaim Counterclaim in a commercial proceeding Debt collection in compulsory proceedings Debt collection through court proceedings Dental Lawyer ECHR lawyer Execution of a court order from a foreign court File a complaint of torture with the European Court of Human Rights Filing a claim to the commercial court Filing an application under the ECHR International Commercial Arbitration Judicial protection of patients’ rights Lawsuit for collection of debt under the supply contract Lawsuit for debt collection under the lease agreement Lawyer at the International Commercial Arbitration Court Lawyer in Norway Lawyer in the court of first instance Lawyer’s request for documents Lawyer’s request for salary Motion to admit evidence Negatory claim Objection to the claim Obtaining a court decision Petition for providing (demanding) evidence Protection of human rights in the ECtHR Protection of the right to freedom of expression in the European Court of Human Rights Refuting false information in court Representation in the economic process Request for a forensic medical examination Request for examination Request to summon witnesses Response to lawyer’s request Response to recall and objections Response to the cassation appeal Response to the lawsuit Submission of an application to the European Court of Human Rights (ECtHR) Submit to an international commercial arbitration court Sue the buyer’s company in Ukraine Sue the company Sue the veterinary clinic Vindication claim