Right
/ 8. Constitutional law
associate professor, Cand.Jur.Sci., Danilova V.,
associate professor, Cand.Jur.Sci., Guseva A.
Penza state university, Russia
International mechanisms of protection of human rights
In the sphere of the international protection of human rights it is necessary to allocate
activities of the European Court for human rights. Possibility of the address to the European Court on human rights
appeared at the Russian citizens from the moment of accession on May 5, 1998 to
the European Convention on protection of human rights and fundamental freedoms
of November 4, 1950 (1).
The European court on human rights according to art.
34 of the Convention on protection of the rights and fundamental freedoms
considers complaints from any individual, any non-governmental organization or
any group of individuals who claim that were victims of violation of their
rights guaranteed by the Convention or Protocols to it.
According to item 1 of art. 35 of the Convention on
protection of the rights and fundamental freedoms the European court can accept
business to consideration only after all internal remedies, within six months
from the date of removal by national authorities of a final decision on
business were settled.
According to the item and Rules 47 of Regulations
European vessels (2) in the complaint have to be specified: applicant, his date
of birth, nationality, floor, occupation and address; is on the substance of
the same complaint which was already considered by Court or already is a
subject of other international trial; it is incompatible with provisions of the
Convention, that is doesn't correspond to conditions of an acceptability of
addresses; obvious groundlessness is that the European court considers only
those addresses in which the applicant reports about violation of the rights
and freedoms enshrined in the Convention and Protocols to it; represents abuse
of the right of submission of the petition. On the basis of above-mentioned
provisions the European court on human rights can reject the complaint at any
stage of trial.
Any persons irrespective of existence at them
procedural capacity by the national right can address in the European court,
that is the Convention allows children to make complaints in the European Court
on human rights independently or by means of the lawful representatives.
Availability of the address to the European court on
human rights is provided with the Rule 34 Regulations which fixes that before
making decision on a complaint acceptability any communication with applicants
or their representatives, and also competitive papers of applicants have to be,
if not on one of official languages of Court - English or French, on one of
official languages of the participating states of the Convention. This
situation is of great importance for possibility of realization by the minor of
the right to the appeal to the European court on human rights behind protection
of the rights and legitimate interests.
According to the Ministry of Justice of the Russian
Federation as of January 1, 2013 in the European court from 128 thousand
complaints expecting decisions, 28,6 thousand complaints from Russia - it for
today 22,3%". In 2011 of complaints from Russia in European court on human
rights there were 40 thousand. If processing of unacceptable complaints goes
the same rates as in the last two years, Russia has a chance by the end of 2013
to leave from the first place by number of the complaints directed to European
court on human rights. According to the passed solutions of last years Russia
paid to applicants more than 221 million rubles as compensation (3).
At the appeal of citizens to the international
judicial instance there are the problems connected with direct representation
of interests of citizens in the European Court on human rights. If the applicant has no financial
opportunity on representation of the interests in Court, he has the right to
address in Court Chamber with a request for rendering financial support.
The representation of applicants is carried out by the
person allowed to lawyer practice in any of the states - participants of the
Convention constantly living in the territory of one of them, or any other
person approved as the Chairman of Chamber, and the representation of the
states - participants of the Convention is carried out by authorized officers
which can be helped by lawyers and advisers (4).
Representation rules in the European Court assume
existence of a high skill level of the representative. However in Russia
according to the appeal to the European Court on human rights, the few can
render the qualified legal aid. Therefore in practice of the European court on
human rights the tendency of involvement of the European lawyers specializing
on representation of interests in this international judicial instance, for
protection of interests of citizens not capable to provide itself with the
qualified legal aid at trial of affairs comes to light.
It should be noted that for correction of the
developed tendency, according to the Ministry of Justice of the Russian
Federation the last two years in European court on human rights the group of
the Russian lawyers works at training who help the secretariat of court to consider
obviously unacceptable cases (5).
Also it is necessary to allocate one more mechanism of
protection of the human rights, authorized to protect and the rights of the
child, which operates only on the territory of the Commonwealth of Independent
States. So, the Inter-parliamentary Assembly of the participating states of the
Commonwealth of Independent States accepted Recommendations "About
protection of the childhood in the participating states of the Commonwealth of
Independent States" (6). The specified Recommendations note that
insufficiency of the priority state decision modern problems of the childhood
in the states of the CIS, violation of the state obligations for the guaranteed
ensuring health protection, education, education, development of children, to
creation of optimum conditions for full-fledged life, on implementation of
programs on child protection, weak state support of children's and youth
associations considerably promotes growth of negative tendencies in the field
of the childhood. In these conditions there is a danger of destruction of a
genofund of the people living in the states of the Commonwealth, threat of
national security of the states.
In this
connection, the participating states of the Commonwealth of Independent States
have to take emergency measures on correction of a state policy in interests of
children, on improvement of position of children and realization of
extraordinary actions for implementation of the rights and vital interests of
children according to constitutions of the states and norms of international
law in this area, to stir up legislative activities for improvement of the
legislation of the states for the questions regulating observance, protection
of the rights and legitimate interests of children in the field of protection
of their health, in education, education, development of children, on social
protection, preparation of children for participation in state and society
life. Improvement of legislative base, has to be focused on system providing
rules of law of protection of minor citizens.
Governmental activities on overcoming of negative
tendencies and improvement of position of children have to be the main
directions of social policy of the participating states of the Commonwealth of
Independent States. Supervision over implementation of obligations for the
human rights, assumed by member states of the CIS the Commission on Human
Rights Situation about which is approved by Council of heads of states of the
Commonwealth on September 24, 1993 (7) carries out.
Summing up, it is possible to draw a conclusion that
the international protection of the rights of the child is a system of the
international bodies and the procedures which are carrying out protection of
the rights of children by development of the international standards in the
field of the rights of the child and creation of special mechanisms of control
of observance of these rights from the states.
Participation of the Russian Federation in the
international mechanism of protection of the rights, freedoms and legitimate
interests of minors confirms that today extent of protection of the rights and
freedoms of the person in any country is defined not only level and efficiency
of national judicial system, but also integration of the state in the
international system of protection of the rights and freedoms of the person and
the citizen.
Proceeding from it, the Russian Federation has to take
measures for creation of conditions for the appeal of citizens to the
international judicial instances for protection of the human rights, concerning
increases in number of the persons rendering the qualified legal aid on the
address of citizens in the international judicial instance, and improvement of
quality of represented legal aid.
Literature:
1 . Collection of the legislation Russian Federation,
08.01.2001, No. 2, Art. 163.
2 . http://www.echr.ru/documents/doc/12016643/12016643-002.htm
3 . http://minjust.ru/node/4562
4 . Ramazans S.Z., Omarkadiyeva M. K. Value of
international legal aspects of the right of citizens on judicial protection and
the rights to the qualified legal aid//the Russian justice. 2007 . No. 5. Page
32
5 . http://minjust.ru/node/4562
6 .
http://www.iacis.ru/html/?id=22&pag=198&nid=3
7 . Collection of the legislation Russian Federation,
29.03.1999, No. 13, Art. 1489.