Межрегиональная общественная благотворительная организация 'Вера, Надежда, Любовь'
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Вниманию ЛИЦ БЕЗ ГРАЖДАНСТВА!!! До 01.01.2025 г. ЛБГ должны урегулировать свой правовой статус в РФ. Иначе они обязаны покинуть РФ не позднее 31.03.2025 г. или будут депортированы!

Contact information

27-A, Kirova St., Pyatigorsk
Tel/fax: (8793) 97-43-24,
e-mail: vnl@kmv.ru, idp@kmv.ru

Яндекс цитирования

Criterion of a person

   Circumstances of a person concern the fact who exactly may apply to the European Court of Human Rights and against whom a complaint may be lodged. A respondent in the European Court is always a state, which is a member of the Council of Europe as well as has signed and ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms, and which has violated human rights and fundamental freedoms of a person set out in the European Convention. At present 45 states have signed the Convention.

   A wide circle of persons may act as applicants on complaints to the European Court of Human Rights.

   First of all, the possibility for applying to international and legal bodies does not depend on the fact of nationality, i.e. a national, a stateless person, a foreigner, and a person having dual nationality may lodge a complaint to the European Court of Human Rights against the country that has violated their rights. The fact of the violation of human rights committed by a state is a ground for applying to the Court.
   In the second place, the possibility for applying does not depend on civil capability, i.e. an individual applying to the European Court on Human Rights can be an insane person, a minor, and, of course, a sane person and an adult.

   In the third place, persons, groups of individuals and legal entities (commercial and non-commercial) including religious ones may apply to the European Court of Human Rights. A complaint from a group of individuals is lodged, as a rule, in the case when one and the same or an analogous violation of human rights was committed with respect to a number of individuals. In that case it is possible to lodge only one application, in which two or more applicants are indicated as victims of the violation.

   The concept of a victim means that only the person with respect to whom any violations of human rights and fundamental freedoms have been committed may apply to the European Court of Human Rights. The victim can be direct, indirect and potential. An applicant is a direct victim if his (her) immediate right has been violated, for instance, that applicant exactly was tortured or treated cruelly and inhumanly.

   An indirect victim is a relation or a near person of the victim. An application of an indirect victim is accepted when a direct victim can not send his (her) application to the European Court on Human Rights by himself (herself), for instance, in the case when the violation of the right to life led to the death of the person. The indirect victim may participate in court proceedings if an individual, who is a direct victim, has died at any stage of the examination of the case, and his relatives intend to continue the examination of the case.

   The concept of a potential victim may take place under certain circumstances when any legislative act can violate human rights potentially.



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