Advocacy and notary office. Representation before the European Court (most important)

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Advocacy and notary office. Representation before the European Court (most important)

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28. Representation before the European Court

For the protection of human rights and freedoms, of considerable practical importance is Rules of the Court defining the procedure for the implementation of complaints. It is difficult for lawyers, applicants, and representatives of the respondent state to do without understanding the significance of the Regulations.

According to Rule 35 of the Rules of the European Court of Human Rights, representation of the High Contracting Parties is carried out by officially authorized persons who are entitled to the assistance of lawyers and advisers.

The representative of the applicant, acting in accordance with paragraph 2 and paragraph 3 of Rule 36 of the Rules, is a lawyer admitted to practice in any of the High Contracting Parties and permanently residing in the territory of one of them, or any other person approved by the President of the Chamber.

In exceptional circumstances and at any stage of the proceedings, the President of the Chamber, if he considers that the circumstances or actions of the lawyer or other person justify it, may direct that the person concerned can no longer represent or assist the applicant. In this case, the applicant is required to find another representative.

A lawyer or other approved representative, or the applicant himself, who wishes to be allowed to represent himself in the case must have a sufficient knowledge of one of the official languages of the Court, even if he has received such permission.

The difficulty lies in the fact that the process of resolving disputes in the European Court differs from the system that exists in Russia. In particular, the features are characteristic of the composition of the Court, the parties, other persons participating in the case, etc.

Order in the Courtroom is ensured by the Chairman of the Chamber. He may, if a representative of a party makes an offensive, frivolous, dishonest, misleading or lengthy argument, remove such representative from the proceedings, refuse to adduce the entire or part of the argument, or take any other action he deems appropriate.

Legal assistance in proceedings before the European Court can be provided free of charge. This provision is regulated by the Rules of Chapter. 10 of the Regulations. The Chairman of the Chamber has the right, either on the basis of an appeal from an applicant who filed a complaint in accordance with Art. 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms, or, on its own initiative, provide the applicant with legal assistance related to the conduct of the case free of charge. In this case, lawyers and other persons appointed in accordance with paragraph 4 of Rule 36 shall be paid remuneration. It may, in appropriate cases, be paid to more than one such representative. The amounts intended to pay for legal assistance to the applicant may include not only remuneration for representatives, but also travel and accommodation expenses and other necessary expenses of the applicant or appointed representative.

Authors: Nevskaya M.A., Shalagina M.A.

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