Council of Europe, relying on the provisions of the Universal Declaration of Human Rights, has developed the Convention on the Protection of Human Rights and Fundamental Freedoms (the Convention). The Convention was opened for signature on 4 November 1950 and entered into force Sept. 3, 1953. For today, it has been ratified by 40 countries - members of the Council of Europe. Convention is an international treaty under which the majority of states pledged to respect human rights and fundamental freedoms. The Convention not only proclaimed the civil and political rights and freedoms, but also created a special mechanism to ensure compliance with the obligations assumed by States Parties of the Convention. These rights are outlined in the Convention and its Protocols, the agreement to be bound by that provided by States parties. First, monitoring of compliance with the obligations entrusted to three bodies: the European Commission of Human Rights, European Court of Human Rights (established in 1959) and the Committee of Ministers, composed of foreign ministers of States Parties or their representatives. Upon entry into force from 1 November 1998 Protocol № 11 (adopted May 11, 1994), two of the bodies had been replaced by a single, permanent European Court of Human Rights (the Court). The Court is a supranational judicial institutions have been established to ensure compliance by the parties to the Treaty obligations under this Convention and its Protocols. The Court's jurisdiction extends to all matters of interpretation and application of the Convention and its protocols submitted to it in accordance with Articles 32-35, 47. The Court may receive applications from any person, non-governmental organization or group of persons claiming to be victims of an approved one of the High Contracting Parties to the violation of rights set forth in the Convention or its Protocols. The High Contracting Parties shall in no way hinder the effective exercise of this right. The court shall consider complaints from individuals about violations of their rights by States - parties to the convention. Parties to the case are the interested State or States concerned, as well as individuals who have filed a complaint on the basis of the protocol. The court may deal with the matter only after the exhaustion of domestic remedies in accordance with generally recognized principles of international law, and within six months from the date of the final decision on the national level. According to part 1 of article 46 of the Convention the High Contracting Parties undertake to abide by the final ruling by the Court in cases in which they are parties.
Ukraine became a member of the Council of Europe on Oct. 31, 1995, and July 17, 1997 ratified the Convention. According to the article 9 of the Constitution of Ukraine the existing international treaties, agreed to be bound by which the Verkhovna Rada of Ukraine, are part of the national legislation of Ukraine. According to Part 4 of Art. 55 of the Constitution everyone has the right, after exhausting all domestic legal remedies to enforce their rights and freedoms of the relevant international judicial institutions or to the relevant bodies of international organizations, member or participant who is Ukraine. According to part 1 of article 2 of the Law of Ukraine "On the implementation of decisions and the application of the European Court of Human Rights Court's decision is binding for Ukraine according to article 46 of the Convention.
Thus anyone who thinks that his rights have been violated may seek its protection in the European Court of Human Rights.
Attorney company Justem provides the following legal services directed at persons concerned to the European Court of Human Rights for protection of their rights:
-consultation on the European Court of Human Rights;
-advice on the design of alleged violations of the Convention on Human Rights and Fundamental Freedoms and its submission to the Court;
-preparation of the alleged violation of the Convention on Human Rights and Fundamental Freedoms in the European Court of Human Rights and its presentation;
-represent the applicant before the European Court of Human Rights;
-other necessary assistance in this case.