Nechyporuk H. The constitutional right to apply to the European Court of Human Rights and the mechanism for exercising the right to enforce its decisions

The dissertation is devoted to the study of the constitutional right to apply to the European Court of Human Rights. The concept has been identified and signs of a constitutional right to apply to the European Court of Human Rights have been identified. The elements of the content of the constitutional right to apply to the European Court of Human Rights are highlighted. The circle of subjects of the constitutional right to appeal to the European Court of Human Rights was clarified, their classification was made, the circle of subjects not entitled to appeal to the European Court of Human Rights with an individual statement was determined. The conditions of admissibility of an individual application by the European Court of Human Rights are analyzed, the hypothesis is proved that a constitutional complaint is not a national remedy, which is subject to exhaustion when applying to the European Court of Human Rights. Attention is drawn to the fact that the structural element of everyone's subjective legal right to a fair trial is the right of everyone to enforce the decision of a judicial institution. The criteria for establishing the existence or absence of material harm sustained by the applicant, a non-governmental organization, are specified as conditions for the admissibility of an individual application by the European Court of Human Rights. The constitutional right to apply to the European Court of Human Rights with other human and citizen rights and freedoms has been established.