CONCEPT AND CONTENT OF THE RIGHT TO AN EFFECTIVE REMEDY

Abstract

The article is devoted to the research of the right
to effective means of legal protection. Based on the
theoretical developments of scientists and analyzing
doctrinal provisions regarding the interpretation of
such concepts, in particular, as: "protection"; "legal
protection"; "means"; "effectiveness", the article
offers the author's definition of the concept of "means
of legal regulation" and reveals its essence. It is
argued that the right to effective remedies belongs to
a broad concept, and as an element of democratic
accountability of the state, deeply rooted in
international law. It is summarized that the right to
effective legal remedies is enshrined in the provisions
of the Convention on the Protection of Human Rights
and Fundamental Freedoms, which actually obliges the participating states to introduce a mechanism for
effective legal protection of human rights and
freedoms recognized by the Convention at the national
level. Taking into account the precedents established
by the European Court of Human Rights, the
characteristics of the signs of the right to effective
legal remedies are distinguished: 1) effectiveness; 2)
availability; 3) transparency; 4) independence; 5)
time efficiency; 6) correspondence between the means
and the violation. The author's definition of the
concept of "right to effective legal remedies" is proposed and the analyzed legal category is explained in an objective and subjective sense. The content of the right to effective means of legal protection is disclosed, the scope of which includes: the right to appeal; the right to restore the violated right; the right to access to legal remedies; the right to ensure compensation for the violated right and the practical possibility of obtaining it.

Key words: state, means of legal protection, protection of rights, effective protection, protection of rights, human rights, legal guarantees, legal protection.