LEGAL ASSESSMENT OF THE PROSPECT OF ACCESS TO THE ECHR

Cases concerning violations of rights under the European Convention for the Protection of Rights and Fundamental Freedoms can be referred to the European Court of Human Rights.

With regard to the types of violations of the rights of UOC believers, cases can be brought to the ECHR concerning the cancellation of the rights of religious organisations to land plots, rights to use temples and other property, refusals to register amendments to charters, refusals to register other rights due to non-compliance of charters with the law ‘on renaming’ and other similar disputes.
 
A prerequisite for applying to the court is the exhaustion of national remedies, i.e. before applying to the ECtHR - a religious organisation or believers must apply to the courts of Ukraine and go through all stages of the judicial process.
 
The term of application to the ECHR with the application on violation of the rights provided by the Convention is 4 months from the moment of receiving the final decision of the highest court of Ukraine on the case.
 
Applications concerning violations of rights during criminal proceedings opened for rhetorical statements can also be submitted to the ECHR.
 
A preliminary legal assessment of the prospects of consideration of a case in the ECHR can be obtained by sending an e-mail enquiry:
[email protected]