Межрегиональная общественная благотворительная организация 'Вера, Надежда, Любовь'
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Вниманию ЛИЦ БЕЗ ГРАЖДАНСТВА!!! До 01.01.2025 г. ЛБГ должны урегулировать свой правовой статус в РФ. Иначе они обязаны покинуть РФ не позднее 31.03.2025 г. или будут депортированы!

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27-A, Kirova St., Pyatigorsk
Tel/fax: (8793) 97-43-24,
39-38-08
e-mail: vnl@kmv.ru, idp@kmv.ru


Яндекс цитирования

Home European Court of Human Rights Information about ECHR Cost of applying to the European Court of Human Rights
Cost of applying to the European Court of Human Rights

Expenditures of the respondent government
   It is notable that the Convention does not assume any possibility of paying the costs of the respondent government by the applicant in any case. Therefore, even if the applicant renounces his (her) complaint or reaches an agreement before passing judgment, or, in the end, meets with failure after hearing in the Court, he (she) needs not pay the costs of the government. It can be an important factor in solving a matter of applying to the European Court. In case of domestic trial many litigants face the threatening perspective of full or partial paying the opponent's expenses in case of defeat. In Strasbourg such a risk is absent. It is a very important element, thanks to which the system of the Convention is comparative accessible even for the poorest of the applicants.

Costs of the applicant
   Reasonable costs which were borne by the applicant, can be recovered from the respondent government as a term of a conciliatory agreement, or can be imposed by the Court on the applicant who won the case. According to Article 41 of the Convention, when the Court finds against a State and observes that the applicant has sustained damage, it affords just satisfaction to the injured party, that is to say a sum of money by way of compensation for that damage. Side by side with the compensation for material and non-material damage, the Court can impose the reimbursement of court costs and expenditures on the applicant according to Article 41. The Court establishes the compensation for the expenses only if it recognizes that such expenses were really and necessarily borne in a reasonable volume. Therefore it is necessary for practicing lawyers to carefully put down all the costs and expenditures which were borne from the beginning of the court examination. And, when the question on the expenses is ready for consideration, they will be able to present detailed calculations of the expenses to the Court. Beginning to work with a case, the practicing lawyers should mention the necessity of the payment in their letter to a client, and later on that letter can be produced to the Court in case of need in order to show the client has borne those costs really.
In some countries of the Council of Europe applicants conclude an agreement on “conditional remuneration” with their advocates, according to which a client consents to pay a lawyer a fixed percentage of the amount of the compensation awarded to the applicant by the Court. But such agreements have no binding effect on the Court.

Court fees
   An applicant applying to the European Court doesn't pay any court fees at any stage of the court examination. Therefore the applicants can charge the lawyers with pleading a case proceeding from a conditional honorarium, and, taking into account the lack of any court fees and the necessity to meet the costs of the government, the court examination in Strasbourg is not comparable with a domestic court examination, which can turn out a tense and risky business (in financial respect).

 
  

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