Published: 1 Dec 2004 | By Kirill Koroteev

Exhaustion of remedies as a criterion for admissibility of an application to the European Court of Human Rights: the Russian legal system


According to Article 35 of the ECHR, an individual application may be submitted to the ECtHR once effective remedies at national level have been exhausted. Russian procedural law provides for four phases of a case in the courts of general jurisdiction: first instance, appeal and/ or cassation, and supervisory review. It is compulsory to appeal the decision, either by way of cassation or, where possible, by way of appellate proceedings.

In this article, Kirill Koroteev considers the effectiveness of the remedies available within the Russian judicial system and how the ECtHR has dealt with the problems ensuing from this. Nonetheless, he notes that a significant number of cases still fail to meet the criteria of admissibility. To read the full article, click on the link below.