EUROPEAN COURT OF HUMAN RIGHTS AS AN INSTRUMENT OF PROTECTION OF THE RIGHTS OF MIGRANTS

The article is devoted to the analysis of the role of the European Court of Human Rights as an instrument of protection of the rights of migrants. Based on the research of its practice the conclusion that the Court is an effective instrument of protection migrants' rights was done. The essential attention was paid to detection of the definition «a migrant». Migrant is a person who moves from one place, region or country to another one, and who has right to apply to the Court. Authors identified three kinds of migrants: official migrants, undocumented migrants and migrants who need help, and a typical list of violated rights of each of them. It was found that a group of official migrants mainly suffers from violations of such rights and freedoms as freedom of thought, conscience and religion (article 9), freedom of express (article 10), right to education (article 2 Protocol No.1) and prohibition of discrimination (article 14). Undocumented migrants are usually subjected to violations of right to liberty and security (article 5), prohibition of torture (article 3), prohibition of collective expulsion of aliens (article 4 Protocol No.4). Freedom of movement (article 2 Protocol No.4), right to liberty and security (article 5) are ones violated the most of migrants who need help. Considered and analyzed certain decisions of the ECtHR, where the Court points to violations of the above-mentioned rights. It was acknowledged that during the functioning of the Court, the practice in such cases has changed, and now is going to be described as stable and sustainable. Significant attention is devoted to the conditions of admissibility which an application to the Court must meet. Especially the authors pay attention on notion of victim as a person who has right to apply to the Court that gave an opportunity to detect the definition, the types of it and cases of granting the «victim» status based upon the practice of the Court.