Legal positions of the European Court of Human Rights regarding russian aggression against Ukraine

Abstract

The article examines the legal positions of the European Court of Human Rights regarding Russian aggression against Ukraine.

The study includes: analysis of the legal positions of the ECtHR regarding Russian aggression against Ukraine; developing the main directions of taking into account the positions of the ECtHR in national judicial practice; justification of the forms of application of the legal positions of the ECtHR regarding Russian aggression; determining the main directions of an effective policy model for the implementation of ECtHR decisions and taking into account the Court's legal positions regarding Russian aggression against Ukraine.

Conclusions were made that the ECtHR, expressing its legal positions regarding Russian aggression against Ukraine: 1) examines interstate cases and individual applications; 2) uses humanitarian law in its decisions, recognizing the applicability of the European Convention on Human Rights in situations of armed conflicts; 3) applies evidence and establishes facts based on reports of international organizations and non-governmental organizations; 4) adopts numerous temporary measures, in particular regarding the protection of Ukrainian prisoners of war and civilians in the occupied territories; 5) continues to prosecute cases, including allegations of war crimes and crimes against humanity, committed since the February 2022 full-scale invasion.

It was determined that the forms of application of the legal positions of the ECtHR in relation to Russian aggression are the administration of justice by national courts in the following main directions: the use of decisions of the ECtHR to document and legally qualify violations of human rights as a result of Russian aggression; application of the legal positions of the ECtHR regarding effective control to establish Russia's responsibility for violations in the occupied territories; the qualification of the actions of Russian troops as war crimes or crimes against humanity; using the principles and legal positions of the ECHR regarding the extraterritorial application of human rights obligations to hold Russia accountable; issuance of framework decisions for future mechanisms of restitution and compensation for victims of Russian aggression.