Abstract. The article provides a comprehensive analysis of the decisions of the European Court of Human Rights in inter-state cases concerning the international armed conflict between Ukraine and the Russian Federation, namely in the cases of Ukraine v. Russia (concerning Crimea) (applications Nos. 20958/14, 38334/18) and Ukraine and the Netherlands v. Russia (applications Nos. 43800/14, 8019/16, 28525/20, 11055/22). The aim of the study is to identify the peculiarities of the ECtHR approach to state jurisdiction in the context of armed occupation, the legal assessment of systemic human rights violations, and the establishment of the state’s international legal responsibility for actions carried out in temporarily occupied territories.
The study uses methods of analysis, synthesis, comparative law, dogmatic and interpretative methods. Particular attention is paid to the Court’s legal positions on effective control, the organic link between illegal formations and the respondent state, and the classification of the Russian Federation's actions as systematic and planned violations of international law, including the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The article also contains an analysis of statistical data on the number of individual applications to the
ECtHR related to the aggression against Ukraine, as well as legal conclusions on the admissibility of cases and
their procedural prospects and significance for the protection of the rights of victims.
The scientific significance lies in the systematisation of the case law of the ECtHR as an instrument of
international responsibility of the state for armed aggression and mass violations of human rights. The practical
significance lies in the possibility of applying the conclusions set out in the conclusions in the law enforcement
activities of Ukrainian state bodies, as well as in the context of future court proceedings for compensation and
accountability.
In conclusion, it is emphasised that these ECtHR decisions create a legal basis for the consideration of
thousands of individual applications covering events of armed aggression and occupation, strengthening
Ukraine’s position in the international legal space and demonstrating the development of a precedent-based
approach to assessing responsibility for international crimes.
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