Open AccessProtection of the rights of the legal entities in the european court of human rights
Author(s) -
A.I. Pedosenko
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.65.27
Subject(s) - fundamental rights , human rights , international human rights law , reservation of rights , law , right to property , political science , convention , linguistic rights , law and economics , sociology
The work examines the possibility for the legal entity to apply to the European Court of Human Rights for the pro-tection of violated rights, guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols. It has been determined whether an application to the European Court of Human Rights to protect one’s rights is a constitutional right of everyone. The terms «legal entity» and «person», «non-governmental organization», «group of persons» used in the text of the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols were correlated. It has been determined whether the term «legal entity» is interpreted autonomously by the European Court of Human Rights. It is indicated whether all businesses have the right to apply to the European Court of Human Rights under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Particular attention is paid to the status of persons-entrepreneurs and state-owned unitary enterprises in the relations arising while applying to the European Court of Human Rights to protect their rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. The range of rights granted to legal entities and enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols is defined.The possibility of an entity to apply to the European Court of Human Rights is not obvious, but it is realistic. By providing specific arguments it is possible to prove this possibility. The case law of the European Court of HumanRights is also proving this, ruling on complaints from businesses.At the same time, the legal entity does not have the full range of rights guaranteed by the Convention for theProtection of Human Rights and Fundamental Freedoms and its Protocols, due to the peculiarity of its status. Thisnecessitates the definition of such rights.