BEFORE THE EFFECTIVENESS OF THE ENVIRONMENT BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS AS A WAY TO DEFEND RIGHTS VIOLATED DURING THE CONFLICT

Introduction. Ensuring human rights and freedoms is the main task of both the state and the international community. Therefore, the mechanism for ensuring human rights is implemented both nationally and internationally. In particular, the European Court of Human Rights (hereinafter referred to as the ECHR) is one of the international institutions designed to protect individual rights. Throughout the world, the ECtHR has long become a standard of justice and the last instance for the restoration of violated rights. At the same time, the restoration of rights violated in connection with the armed conflict has its own characteristics, in this regard, it is relevant to study the effectiveness of applying to the ECtHR in this aspect. The goal is to investigate appeal to the ECtHR as a way to protect rights violated during the conflict. Determinat of factors affecting the effectiveness of such a means of protection of violated rights. Materials and methods. The materials of the investigation include: 1) European Convention on Human Rights; 2) the decision of the European Court of human rights; 3) foreign and national literature, which highlights the defense of human rights violated during the conflict of the European Court of human rights. The process of this research was supported by the latest scientific methods: dialectical, historical-legal, statistical, systemic-structural, and the indigenization method. The conversion to the historical-legal method ensured the development of the genesis of the practice of the ECtHR in order to consider the interstate complaint associated with the violation of rights during the conflict. The fair-legal method allows for the analysis of the decision of the ECtHR, so that the rise of interstate complaint. Using the statistical method of researching the process of researching the practice of the ECtHR, it has been established. The method of identification has become useful at the time of bringing together individual facts as a whole, formulating conclusions. Results. On the basis of the conducted research, the following factors affecting the effectiveness of applying to the ECtHR as a way of protecting rights violated during the conflict were identified: the nature, conditions and period of violation of the convention by the respondent state; temporal indicators of making a final decision on the case; the political will of the aggressor state to implement ECtHR decisions; availability of an effective damage compensation mechanism (both external and internal). Prospects. In further scientific research, it is proposed to conduct a comparative analysis of the mechanisms of compensation for damage caused during the conflict in different countries. In addition, there is a need to analyze the further practice of the ECtHR in cases against Russia related to russian armed aggression against Ukraine (both individual and interstate).