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The Rule of Prior Exhaustion of Domestic Remedies as a Prerequisite for Admissibility of a Claim Before the ECHR

ФИО студента: Ksenia Yevstafieva

Руководитель: Alexander Evseev

Кампус/факультет: Faculty of Law

Программа: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Год защиты: 2021

The rule of prior exhaustion of local remedies is an important admissibility criterion for the European human rights machinery. The rule originates from the subsidiary nature of the European Convention system which is aimed at allowing the States to redress alleged violations of human rights on domestic level since they are more aware of the domestic legislation, economic situation, political tendencies, etc. The studies on the topic are especially relevant given that Russia remains the leader in the number of pending cases in the ECHR among the 47 member states of the Council of Europe yet about 90% of the claims is generally declared inadmissible. It should be noted that since the implementation of the European Convention in 1998 the European Court has assessed judicial review procedures in Russia multiple times that resulted in numerous procedural reforms of legislation. The research paper is aimed at analyzing the common approach of the ECHR in evaluating the effectiveness of local remedies and highlighting the current effective local remedies in Russia.

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