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Practice
ECtHR

Deadline: 4 months

Applications to the European Court of Human Rights

The European Court of Human Rights is not one more instance that re-examines a case on the merits. It decides whether the state violated your rights under the Convention. So an application makes sense when the violation is specific and documented, and all domestic remedies have been used. We assess the prospects honestly — and prepare an application only when they exist.

Four months

An application must be lodged within four months of the date the final domestic decision was taken. This time limit is not extended "for good reasons", so it has to be counted from day one.

Article 35 of the Convention for the Protection of Human Rights and Fundamental Freedoms

What we do

  • Assessing the prospects — whether domestic remedies have been exhausted, whether the time limit has passed, which right was violated and whether the file supports it.
  • The application form — the facts and the grounds for violations of the Convention, most often Articles 3, 5, 6, 8 and Article 1 of Protocol No. 1.
  • Communication with the Government — responses to the state's position once the case is communicated.
  • Just satisfaction — substantiating claims for compensation.
  • Review in Ukraine — after an ECtHR judgment finding a violation: review of the case by domestic courts on exceptional grounds.

Violations that most often reach Strasbourg

  • Article 3 — ill-treatment, inadequate conditions of detention, lack of medical care.
  • Article 5 — unlawful or excessively long detention without proper justification.
  • Article 6 — an unfair trial, excessive length of proceedings, non-enforcement of judgments.
  • Article 8 — interference with private life, including unlawful searches and surveillance.
  • Article 1 of Protocol No. 1 — deprivation of property without proper grounds.

Frequently asked questions

Can I apply to the ECtHR without waiting for the Supreme Court?

As a rule, no: effective domestic remedies must be exhausted first. There are exceptions — for example, where a remedy is clearly ineffective — but this has to be argued in the application.

How long does it take?

Years — depending on the category of the case and the Court's workload. Urgent cases where there is a threat to life or health may be given priority, and the Court may indicate interim measures.

What does a judgment in my favour give me?

Recognition of the violation, the compensation awarded, and the right to demand review of the case in Ukraine on exceptional grounds.

Has the final decision already been taken?

Send us the date and the decision — we will count the time limit and tell you whether there is a case for Strasbourg.

+380 67 400 8181