The general and special principles of lawsuit in the council of Europe

Purpose: Systematization of the principles of lawsuit in the Council of Europe. Methodology: Author used formal-legal and comparative legal methods. Results: Among the principles of lawsuit in the Council of Europe, relating to the principles of legal proceedings, the principles of procedural equality of the parties are allocated; competitivenesses; the principle of «Audi alteram partem» («listen also to other party»); the principle of «stare decisis» («the issue resolved by court finally, is not subject to new trial by the same court or court of parallel jurisdiction»); formal dispositions; equal access to justice; urgency of powers of judges; term restrictions for the address with the complaint; publicity of oral hearings; secret of meetings of judges; independence and impartiality of court; justice implementation only court. In relation to ECHR activity by the author the following groups of the principles are allocated: the principles of interpretation of the Convention on human rights protection and fundamental freedoms (autonomy, the evolutionary principle, efficiency, the principle of scope of application, proportionality, subsidiarity) and other principles applied at justification of decisions of ECHR (the principle of «de minimis non curat praetor», the principle of the all-European consensus, the principle of freedom of a discretion). Novelty/originality/value: Article has the high scientific value as contains author’s generalizations and conclusions, important systems for understanding and the content of the principles of lawsuit in the European Court of Human Rights and Administrative tribunal of the Council of Europe.