How to appeal to the European Court of Human Rights?

Europe (Strasbourg), the Court of Human Rights considers disputes between states and citizens, and not between citizens and legal entities, so if all courts refused to you in a lawsuit to recover wages from your company, you can not present the same case to the European court. In this case, you can contact them with claims to the Federation, which does not protect your labor rights in national courts.

On what violations can complain to the European Court of Human Rights?

The Court did not consider any violation of our rights with you, but only those provided by the Convention on the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights.

Ie complain of Russia to the European Court can only be if it violated some sort of your right under the European Convention and, therefore, the Court may not consider violations of law, who are not also violations of the Convention.

When can I apply to the European Court of Human Rights?

Make a complaint to the European Court can only be when we have exhausted all domestic remedies, and only six months after the authorities will make a case for your final decision.

This means that you must do your best to solve your problem in Russia, and only if you can not do it, you will have the right to appeal to the Strasbourg court.

Since the vast majority of disputes in our country can be transferred to the court, you must apply with the problem in the court, and if he refuses you, you should appeal this decision as long as you will not be denied completely.

Ie if the decision in a civil case or the verdict in a criminal that violated the European Convention, made a magistrate, then you should apply for them appeals to the district court, but if they made a district court, then you should submit appeals to the court your subject of the federation ( provincial, regional), etc.

Until recently, the European Court of Justice to receive complaints of Russian citizens immediately after they were denied the courts of appeal, because He believed that in Russia, review of cases in the order of supervision depended not on the willingness of citizens and on the discretion of the heads of the court and prosecutors.

Today, after the adoption of the new Civil Procedure Code and Criminal Procedure Codes in the retrial of supervision begins at the request of the citizen and the Court may consider that before resorting to it, you must first lodge a complaint for review by way of supervision of the Presidium of the Court of the Federation, then in The Supreme Court and then to its Presidency.

Before the European Court decides this issue, I propose to do as follows. Complaint to the Strasbourg court must be submitted as soon as you lose the case in the court of cassation or appeal, has also filed a complaint to a higher court in the order of supervision.

If the Court does not accept your complaint due to the fact that you have not appealed the decision of the supervisory order, after considering the application for supervisory review you again refer to the European Court and, thereby, do not miss the six-month period for its submission.

Since when violations are the jurisdiction of the European Court of Human Rights?

Referring to the European Court, it should be remembered that he was considering complaints under the European Convention, which occurred after its entry into force for the Federation, ie, after May 5, 1998

If you complain about the violation of your rights that occurred prior to that date, then the Court will refuse to accept the complaint.