Submission of an application to the European Court of Human Rights (ECtHR)

According to the provisions of the Basic Law of Ukraine – the Constitution, every citizen of our country has the right to protect his rights and freedoms. In the event that national remedies have been exhausted, citizens of Ukraine may apply to the relevant bodies of international organizations. These organizations are listed in the list of international organizations of which Ukraine is a member. Today, one of the most effective international judicial institutions is the European Court of Human Rights. Its jurisdiction is recognized by Ukraine. If you are interested in such a service as submitting an application to the European Court of Human Rights (ECHR), lawyers Prykhodko and Partners will help you with this.

Who can apply to the ECtHR?

Persons who believe that the state has violated their rights and freedoms, guaranteed by the fundamental documents and conventions of the European Court of Human Rights, can submit an application to the ECtHR.

There are 2 types of appeals to the ECtHR:

• Individual statements

They can be submitted by any person, group of persons, non-governmental organizations or legal entities.

• Interstate applications

These applications are submitted by states that are parties to international human rights treaties.

As practice shows, the majority of applications submitted to the European Court of Human Rights are individual.

Every person can apply to the court in the event that he or she has been directly and personally affected by the violation of rights or freedoms by one of the states that are parties to the international conventions on human rights.

Important: citizens of Ukraine, foreigners, stateless persons, adults and minors, capable or incapacitated persons can apply to the Court. The main condition for applying to the European Court of Human Rights is to classify a person as a victim (victim) of a violation of freedoms or rights guaranteed by the Convention. These violations can be committed by one or several participating states.

When can you apply to the European Court?

Among the conditions under which you can apply to the European Court of Human Rights:

• Challenging the behavior of the state that violated your freedoms or rights or did not provide them with adequate protection.
• Violation of rights or freedoms guaranteed by the ECHR.
• Exhaustion of all available national remedies.
• Your case has not yet been considered by the ECtHR.

As for the deadlines for applying to the court, you can, as a general rule, apply to the European Court of Human Rights within 6 months from the moment of the final decision of the national court. In other words, the beginning of the application submission period is the day after the decision of the High Specialized Court. If the decision in your case was not appealed in the cassation procedure, from the moment of its adoption by the court of last instance.

How to apply to the European Court?

If you consider yourself a victim of a violation of the Convention, you should contact professional lawyers who will be able to fill out and send to the Court an application form that will contain the following information:

1. The actual circumstances of the violation and your complaints.
2. Indication of the rights that were violated in the opinion of the victim.
3. Information on the list of national protective measures used by you.

These are the main elements. They can be supplemented, depending on the circumstances of the case.

Lawyers Prykhodko and Partners can become reliable representatives of your interests in the ECHR.

How much does an appeal to the ECtHR cost?

The cost of applying to the European Court depends on many factors. You can find out the cost of Prykhodko and Partners lawyers’ services at an online or offline consultation.

We provide full support to our clients in preparing and submitting an application to the European Court of Human Rights.
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