Last time we talked about the possibility of applying to the European Court of Human Rights with complaints against the Russian Federation in connection with its violation of the rights guaranteed by the European Convention on Human Rights, in particular the right to peaceful possession of property, during the current phase of the Russian Federation war against Ukraine.
Despite the withdrawal of the Russian Federation from the Council of Europe and the denunciation of the Convention, persons whose rights were violated before September 16, 2022, have the opportunity to appeal to the ECHR regarding these violations with a complaint against the Russian Federation within a 4-month period from the moment of exhaustion of all national remedies protection, and in their absence, from the moment of violation of the right or from the date when such violations became known.
However, one of the key issues that the Court will resolve when considering your complaint is the issue of extending the jurisdiction of the Russian Federation to the territory where the violation of the Convention was committed.
In other words, in order to establish the possibility of holding the Russian Federation accountable for violating the norms of the Convention on the territory of Ukraine, the jurisdiction of the Russian Federation must extend to such territory.
As a general rule, the jurisdiction of a state party to the Convention extends only to its territory, however, the Court in practice recognizes a number of exceptional cases in which the state's jurisdiction may extend beyond its own borders.
When applying to the ECtHR with a complaint against the Russian Federation regarding violations of the Convention-guaranteed right to peaceful possession of property on the territory of Ukraine, one should take into account the latest case law of the Court and, using all available means of proof, properly justify the extension of the jurisdiction of the Russian Federation to the relevant territory where your property was located, in respect of which a relevant violation has been committed.
Dynasty Law & Investment already has experience in appeals to the ECHR with complaints against the Russian Federation and can provide qualified assistance in this matter.
Oleg Zherobkin, attorney at Dynasty Law & Investment
