Qualification features of the circumstances introducing activity for protection of the paragraph "b" clause 3 article 35 of the convention for the protection of human rights and fundamental freedoms

• Main Author: Lyudmyla Deshko
• Format: Article
• Language: Russian
• Published: PC Technology Center 2019-04-01
• Series: ScienceRise: Juridical Science
• Subjects: individual statement; conditions for acceptability of an individual statement; reservation; material damage
• Online Access: http://journals.uran.ua/sr_law/article/view/162457

The article analyzes the condition for acceptability of individual applications to the European Court of Human Rights, which was introduced by The Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the "substantial damage to which the applicant suffered" as well as the circumstances that introduce the reservation of paragraphs "B" clause 3 of the Art. 35 of the Convention for the Protection of Human Rights and Fundamental Freedoms and their qualification features. It has been found that the European Court of Human Rights, even assuming that the applicant did not suffer material damage cannot declare as inadmissible any individual claim that raises the question: the adoption of law, interpretation of the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms, national right. It has been established that the respect for human rights, even if there is a presumption that the applicant did not suffer material damage, requires announcement as an admissible by the European Court of Human Rights such an individual application, since it has raised issues of a general nature regarding the observance of the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms: 1) the necessity to clarify the obligations of the State under the Convention; 2) to compel the respondent State to resolve a structural problem affecting the interests of other persons in the same position as the applicant. The following conditions have been identified in the presence of which respect for human rights does not require consideration of the statement by the European Court of Human Rights: 1) the relevant national legislation and practice changed, and similar issues had already been resolved in other cases that the European Court of Human Rights reviewed; 2) the relevant law was canceled and the statement had only a historical character; 3) The European Court of Human Rights or the Council of Ministers have already considered this issue as a complex issue