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

Historical information

   The Convention for the Protection of Human Rights and Fundamental Freedoms, which entered into force on September 3, 1953, not only proclaimed fundamental human rights, but also created a special mechanism of their protection.

   Originally that mechanism included three bodies, which bore the responsibility for the ensuring of the observance of the engagements undertaken by the Member Sates: the European Commission on Human Rights, the European Court of Human Rights and the Committee of Ministers of the Council of Europe.

   On November 1, 1998, on the entering into force of Protocol 11, the first two of those bodies were replaced by the common, permanently acting European Court of Human Rights. The Court is based in the Human Rights Building in Strasbourg (France), where the Council of Europe is located too.

   According to the primary system, all the complaints lodged by individual applicants or Member States became a subject of a preliminary examination by the European Commission on Human Rights. It decided on their admissibility, and in case of its positive decision referred the case to the European Court of Human Rights for the examination on the merits. If the case was not brought before the Court, it was examined by the Committee of Ministers. Since October 1, 1994 applicants have been entitled to lodge their complaints, which were declared by the Commission admissible, to the Court by themselves.

   The European Court is called to ensure the strict observance and the execution of rules of the Convention by its Member States. It fulfills that task by means of examining and solving concrete cases, proceedings on which were instituted on the basis of individual complaints, submitted by a person, a non-governmental organization or a group of individuals. A State may also lodge an application against another State Party to the Convention.

   Having begun its activity in 1959, the European Court examined more than one thousand cases towards the end of 1998. Most of those cases were lodged by private persons. Today one can say that all the rules defined in Section 1 of the Convention as well as all the rules of Protocols to that Section are applied as they were interpreted in judgments of the European Court.

   The ratification of the European Convention by Russia permits all persons who fall within its jurisdiction to apply to the European Court if they consider their rights have been violated, which is confirmed by Article 46 (Part 3) of the Constitution of the Russian Federation, which says: “Everyone shall have the right to appeal, according to international treaties of the Russian Federation, to international bodies for the protection of human rights and freedoms, if all the existing internal state means of legal protection have been exhausted”.

   The ratification of the Convention and the recognition of the jurisdiction of the European Court also mean that activities of all Russian bodies of state power, in particular of judicial ones, their judgments and used procedures as well as decisions of legislative bodies must not run counter to the provisions of the Convention, especially as in accordance with Article 15 (Part 4) of the RF Constitution the above mentioned provisions form a component part of the Russian legal system.

   The European Court is not a supreme instance with respect to the judicial system of a Member State bound by the Convention. Therefore it may not repeal a decision rendered by a body of state power or a national court. It does not give instructions to the lawmaker, does not exercise an abstract control over the national legislation or the judicial practice. It has no right to give orders to take measures having any legal consequences. The Court examines only concrete complaints in order to establish whether there was a real violation of the provisions of the Convention. But the Court has the right to afford "just satisfaction" to the injured party, i.e. the financial compensation for material losses and moral damage as well as the reimbursement of all costs and expenses to the prevailing party.

   During all the long-term practice of the European Court not a single case of non-execution of judgments of the Court by any Member States of the Council of Europe was recorded. Otherwise, under the Charter of the Council of Europe, that can lead to the suspension of the membership of the State and, after all, to the expulsion of that Member State from the Council of Europe in accordance with a decision of the Committee of Ministers. If a Member State establishes that the situation considered by the European Court can repeat without changing the national legislation or the national judicial practice, it practices necessary innovations as a rule.

   In accordance with Article 46 of the Convention, the execution of judgments of the Court is supervised by the Committee of Ministers of the Council of Europe. Its mission is not only to see to a timely payment of the financial compensation, but also to observe how a Member State to the Convention corrects divergences between norms of its national law or its national judicial practice and standards of the Council of Europe, which became obvious in the light of a judgment of the Court. From the legal standpoint, a judgment passed by the Court, is binding only upon the respondent state. But quite often the importance of judgments of the Court exceeds the national bounds, also influencing the law and the judicial practice of other Member States to the Convention.



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