Preliminary Use of Internal Legal Tools for Protection of International Rights

Abstract

According to the ECtHR, there are two fundamental reasons that the domestic remedies referred to in Article 13 of the Convention are of relevance: a) firstly, because the ECtHR deals with a case only after all the remedies provided for by the domestic law of the country concerned have been exhausted; b) Secondly, it has now become the practice of this Court to develop, in the course of the investigation, whether the domestic remedies have been exhausted, and a concrete line of determination of the burden of proof in the proceedings. In determining whether any domestic remedy meets the criteria of availability and effectiveness, the particular circumstances of the individual case must be taken into account. Consideration should be given not only to the formal remedies available, but also to the general legal and political context in which they operate, as well as the applicant's personal circumstances. So in order to determine if any internal remedy meets the availability and effectiveness criteria, during the study, we needed to consider the particular circumstances of each individual case. According to the ECtHR for the purposes of Article 13 of the Convention, an effective domestic remedy must be a remedy, an effective remedy, a legitimate body for the individual to complain about, the local authorities must provide the appropriate legal and remedy. The paper seeks to find out what are the factors that may impede the submission of a case alleging infringement to an international court. The methodology used is the doctrinal and analytical doctrine of judicial practice.