Information from the Ombudsman Office

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On 13 February, the European Court for Human Rights reviewed the case “Caesar and Others v. Ukraine” on the suspension of social payments.

The applicants’ complaints were rejected due to failure to exhaust domestic remedies, that is, they did not appeal against the shortcomings of the mechanism for receiving social payments and the decision of the state bodies to suspend them in Ukrainian courts.

We remind you that the ECHR is an international judicial body that, under the conditions set forth in the Convention on Human Rights and Fundamental Freedoms (the Convention), can review complaints on human rights violations. According to Article 35 § 1 of the Convention, the ECHR accepts applications only after all domestic remedies have been exhausted, and only within four months from the day of the final decision. The court does not review applications that it does not consider admissible.

We emphasize that before applying to the ECHR, a citizen must pursue all legal remedies in the state against which the complaint is filed. It follows that, first of all, it is necessary to appeal the actions of a state body in court and only the court (District Court, Court of Appeals and the Supreme Court of Ukraine) make their decision the one can he appeal to the ECHR.