RESTORATION OF THE EMPLOYEE’S PREVIOUS POSITION IN THE PRACTICE OF THE ECHR

Abstract

Purpose: the purpose of the study is, based on the analysis of the practice of the European Court of Human Rights, to determine the approach to assessing the consequences of a violation within the framework of labour relations for the purposes of restoring the employee’s position that existed before such a violation. Research methods: methodologically this study is based on the general scientific methods of cognition such as analysis, synthesis, and deduction. Results: it is noted that in cases where the violation of rights guaranteed by the European Convention on Human Rights and Fundamental Freedoms is due to the unlawful dismissal of a person, the European Court of Human Rights analyzes in detail both material and non-material losses from such violation; the author compares the specified approach of the European Court of Human Rights with the approach enshrined in domestic labour legislation. Discussion: in the article, the author examines the practice of the European Court of Human Rights in the context of the scope and aims of restoration of an employee in the position that existed before the violation (restitutio in integrum). The author notes that in such conditions, the analysis of the practice of the European Court of Human Rights can serve as a foundation for legislation and court practice. The article indicates the extent to which the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms extend to the sphere of labour relations. The connection between Article 41 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which defines the competence of the European Court of Human Rights, and the concept of restitutio in integrum is investigated. The meaning which is given to the concept of restitutio in integrum in the practice of the European Court of Human Rights is determined, as well as the issues regarding the obligation of the state to ensure restitutio in integrum are highlighted. The article analyzes specific cases from the practice of the European Court of Human Rights. Special attention is paid to the approach of the European Court of Human Rights to the assessment of the negative consequences of the violation.