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You are here: BAILII >> Databases >> European Court of Human Rights >> UVARKINA AND OTHERS v. RUSSIA - 70089/12 (Judgment : Article 11 - Freedom of assembly and association : Fourth Section Committee) [2023] ECHR 330 (13 April 2023) URL: http://www.bailii.org/eu/cases/ECHR/2023/330.html Cite as: ECLI:CE:ECHR:2023:0413JUD007008912, [2023] ECHR 330, CE:ECHR:2023:0413JUD007008912 |
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FOURTH SECTION
CASE OF UVARKINA AND OTHERS v. RUSSIA
(Applications nos. 70089/12 and 40 others –
see appended list)
JUDGMENT
STRASBOURG
13 April 2023
This judgment is final but it may be subject to editorial revision.
In the case of Uvarkina and Others v. Russia,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Faris Vehabović, President,
Armen Harutyunyan,
Anja Seibert-Fohr, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 23 March 2023,
Delivers the following judgment, which was adopted on that date:
1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2. The Russian Government (“the Government”) were given notice of the applications.
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the disproportionate measures taken against them as organisers and participants of public assemblies. They also raised other complaints under the provisions of the Convention.
THE LAW
I. JOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
II. jurisdiction
6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68‑73, 17 January 2023).
III. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION
7. The applicants complained principally of disproportionate measures taken against them as organisers and participants of public assemblies, namely their arrest in relation to the dispersal of these assemblies, and their conviction for administrative offences. They relied, expressly or in substance, on Article 11 of the Convention.
8. The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius and Others v. Lithuania [GC], no. 37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v. Turkey, no. 74552/01, ECHR 2006‑XIV, and Hyde Park and Others v. Moldova, no. 33482/06, 31 March 2009).
9. In the leading cases of Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, the Court already found a violation in respect of issues similar to those in the present case.
10. Having examined all the material submitted to it, and having due regard to the issue of compliance with the six-month period under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the COVID‑related extension of the period in question), the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicants’ freedom of assembly were not “necessary in a democratic society”.
11. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.
IV. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
12. Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible.
13. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention and its Protocols in the light of its findings in Butkevich v. Russia, no. 5865/07, §§ 61-65, 13 February 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, as to administrative escorting to and detention in a police station beyond three hours without any justification; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, related to the absence of a prosecuting party in criminal proceedings governed by the Code of Administrative Offences (“the CAO”); Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, §§ 402-78, 7 February 2017, regarding restrictions on location or time of public events; Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 179-91, 10 April 2018, and Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, related to the lack of suspensive effect of an appeal against the sentence of administrative detention.
V. REMAINING COMPLAINTS
14. Some applicants also raised other complaints under various Articles of the Convention.
15. Firstly, the Court considers that, in view of its findings in paragraphs 11 and 13 above, there is no need to deal separately with the remaining complaints raised by some applicants under Article 6 of the Convention concerning other aspects of the fairness of the administrative-offence proceedings.
16. Furthermore, the Court has examined the rest of the complaints raised by the applicants and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
17. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.
VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION
18. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
19. Having regard to the nature of the complaint raised by Mr Ishutin in application no. 70440/17, the Court considers that the finding of a violation, triggering the respondent State’s obligation to take measures aimed at ensuring the respect of the right to freedom of assembly indicated in the judgment of Alekseyev and Others v. Russia, nos. 14988/09 and 50 others, §§ 27-29, 27 November 2018, constitutes sufficient just satisfaction in that case (see, for a similar approach, Alekseyev and Others v. Russia [Committee], nos. 26624/15 and 76 others, § 18, 16 January 2020, Zverev and Others v. Russia [Committee], nos. 26363/18 and 2 others, § 15, 7 July 2022, and Taratunin and Others v. Russia [Committee], nos. 2051/18 and 4 others, § 14, 28 July 2022)
20. As to the remaining applicants, regard being had to the documents in its possession and to its case‑law (see, in particular, Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 4 October 2022), the Court finds it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Holds that it has jurisdiction to deal with the applicants’ complaints as they relate to the facts that took place before 16 September 2022;
3. Declares the complaints under Article 11 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention and declares the remainder of the applications inadmissible;
4. Holds that these complaints disclose a breach of Article 11 of the Convention;
5. Holds that there has been a violation of the Convention and the Protocols thereto as regards the other complaints raised under the well-established case-law of the Court (see appended table);
6. Holds that the finding of the violation of Article 11 in respect of Mr Ishutin in application no. 70440/17 constitutes in itself sufficient just satisfaction;
7. Holds
(a) that the respondent State is to pay the remaining applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 13 April 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Faris Vehabović
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 11 of the Convention
(restrictions on the location, time or manner of conduct of public events)
|
Application no. Date of introduction |
Applicant’s name Year of birth
|
Representative’s name and location |
Name of the public event Location Date |
Administrative charges |
Penalty |
Final domestic decision |
Other complaints under well‑established case-law |
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [1] | |
|
|
70089/12 06/10/2012
and
11801/18 16/02/2018
|
Svetlana Vladimirovna UVARKINA 1975 |
Mezak Ernest Aleksandrovich Saint-Barthélemy d’Anjou |
Protest against the results of 2011 Parliamentary elections Syktyvkar
10/12/2011
Anti-corruption rally Syktyvkar
26/03/2017 |
Article 20.2 § 2 of CAO
Article 20.2 § 5 of CAO |
administrative fine of RUB 500
administrative fine of RUB 10,000 |
Supreme Court of the Komi Republic 18/07/2013
Supreme Court of the Komi Republic 16/08/2017 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings under Article 20.2 § 5 of CAO.
|
3,500 |
|
|
14146/14 31/01/2014
and
17361/19 18/03/2019 |
Aleksey Nikolayevich ZHITNIKOV 1978 |
Laptev Aleksey Nikolayevich Moscow
|
Rally in support of the “March of Millions” Perm
12/06/2013
Rally against the pension reform Perm
09/09/2018 |
Article 20.2 § 5 of CAO
Article 20.2 § 6.1 of CAO |
administrative fine of RUB 10,000
administrative detention of 15 days |
Perm Regional Court 01/08/2013
Perm Regional Court 18/09/2018 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 09/09/2018 at 6.40 p.m. the applicant was taken to a police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 of CAO) and achieve the objectives set out in Art. 27.1 of CAO, e.g. to establish the suspect’s identity;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 6.1 of CAO;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the first-instance court was executed immediately on 10/09/2018, on account of the lack of suspensive effect of an appeal under the CAO. |
5,000 |
|
|
52481/17 08/07/2017
and
74992/17 19/09/2017 |
Irina Aleksandrovna YATSENKO 1981 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Political rally Moscow
25/08/2016
“Readings of the Russian Constitution” Moscow
12/09/2016
“Readings of the Russian Constitution” Moscow
12/05/2017 |
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO |
administrative fine of RUB 15,000
administrative fine of RUB 10,000
administrative fine of RUB 15,000 |
Moscow City Court 16/01/2017
Moscow City Court 24/03/2017
Moscow City Court 26/10/2017 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO (events of 12/09/2016 and 12/05/2017);
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 12/09/2016 and 12/05/2017 the applicant was taken to a police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 of CAO) and achieve the objectives set out in Art. 27.1 of CAO, e.g. to establish the suspect’s identity. |
4,000 |
|
|
69791/17 20/09/2017 |
Raushan Faizovich VALIULLIN 1984 |
Khrunova Irina Vladimirovna Kazan |
Anti-corruption rally Naberezhnye Chelny
26/03/2017 |
Article 20.2 § 5 of CAO |
administrative fine of RUB 10,000 |
Supreme Court of the Republic of Tatarstan 16/08/2017 |
|
3,500 |
|
|
70440/17 07/09/2017 |
Kirill Dmitriyevich NIKOLENKO 1989
Kirill Valeryevich ISHUTIN 1984
|
Zhdanov Ivan Yuryevich Vilnius |
Anti-corruption rally Vladimir (Mr Nikolenko)
12/06/2017 |
Article 20.2 § 2 of CAO (Mr Nikolenko)
|
administrative fine of RUB 25,000 (Mr Nikolenko)
|
Vladimir Regional Court 02/08/2017 (Mr Nikolenko)
|
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 2 of CAO in respect of Mr Nikolenko;
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - local administration’s refusal to approve the opposition march on 29/04/2017 organised by Mr Nikolenko and Mr Ishutin (final decision Supreme Court of the Russian Federation, 22/02/2018). |
3,500 (Mr Nikolenko) |
|
|
70491/17 07/09/2017
and
21716/19 08/04/2019 |
Dmitriy Aleksandrovich TETERIN 1979 |
Terekhov Konstantin Ilyich Moscow
and
Akhtyamova Chulpan Salavatovna Kazan |
Anti-corruption rally Naberezhnye Chelny
26/03/2017
Rally against the pension reform Naberezhnye Chelny
09/09/2018 |
Article 20.2 § 1 of CAO
Article 20.2 § 1 of CAO |
administrative fine of RUB 10,000
administrative fine of RUB 10,000 |
Supreme Court of the Republic of Tatarstan 07/06/2017
Supreme Court of the Republic of Tatarstan 17/10/2018 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings under Article 20.2 § 1 of CAO;
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 09/09/2018 and 18/09/2018 the applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 of CAO) and achieve the objectives set out in Art. 27.1 of CAO, e.g. to establish the suspect’s identity. |
4,000 |
|
|
4522/18 25/12/2017 |
Maksim Sergeyevich TERESHKIN 1984 |
Sidelnikova Polina Aleksandrovna Vladivistok |
Anti-corruption rally Vladivostok
26/03/2017 |
Article 20.2 § 5 of CAO |
administrative fine of RUB 10,000 |
Primorye Regional Court 28/06/2017 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO.
|
3,500 |
|
|
4552/18 12/01/2018 |
Andrey Sergeyevich MELKHOV 1988
Vladimir Valeryevich SOLDATOV 1990 |
Mezak Ernest Aleksandrovich Saint-Barthélemy d’Anjou |
Anti-corruption rally Ukhta
26/03/2017 |
Article 20.2 § 5 of CAO |
administrative fine of RUB 5,000 |
Supreme Court of the Komi Republic 12/07/2017 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 26/03/2017 the applicants were taken to the police station as administrative suspects: no evidence/assessment that it was impracticable, on the spot, to compile the offence records (Art. 27.2 § 1 of CAO) and achieve the objectives set out in Art. 27.1 of CAO, e.g. to establish the suspects’ identity; detention from 2.25 p.m. to 6.15 p.m. (Mr Melkhov) and from 2.25 p.m. to 7.25 p.m. (Mr Soldatov) with no justification;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO. |
4,000 (Mr Melkhov)
4,000 (Mr Soldatov) |
|
|
4847/18 17/01/2018 |
Anton Borisovich RASIN 1989 |
Terekhov Konstantin Ilyich Moscow |
Anti-corruption rally Vladivostok
12/06/2017 |
Article 20.2 § 5 of CAO |
administrative fine of RUB 10,000 |
Primorye Regional Court 23/08/2017 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO. |
3,500 |
|
|
5195/18 17/01/2018 |
Mariya Igorevna ZINCHENKO 1990 |
Terekhov Konstantin Ilyich Moscow |
Anti-corruption rally Vladivostok
26/03/2017 |
Article 20.2 § 5 of CAO |
administrative fine of RUB 10,000 |
Primorye Regional Court 02/08/2017 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 26/03/2017 the applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence records (Art. 27.2 § 1 of CAO) and achieve the objectives set out in Art. 27.1 of CAO, e.g. to establish the suspect’s identity;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO. |
4,000 |
|
|
5327/18 08/01/2018
and
7933/19 25/01/2019 |
Vyacheslav Ilyich GIMADI 1985 |
Terekhov Konstantin Ilyich Moscow
and
Zhdanov Ivan Yuryevich Vilnius |
Anti-corruption rally Moscow
26/03/2017 |
Article 20.2 § 5 of CAO |
administrative fine of RUB 20,000 |
Moscow City Court 18/08/2017 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - Moscow city administration’s numerous refusals to approve public meetings with A. Navalnyy in Pushkinskaya Square in Moscow between 30/09/2017 and 16/12/2017 (final decisions were given by the Supreme Court of the Russian Federation on 14/09/2018, 04/10/2018, 05/10/2018, 18/10/2018, 26/10/2018; 23/11/2018 and 12/12/2018). |
3,500 |
|
|
7861/18 10/01/2018 |
Maksim Anatolyevich RAZMETOV 1967 |
|
Political march St Petersburg
29/04/2017 |
Article 20.2 § 5 of CAO |
administrative fine of RUB 10,000 |
St Petersburg City Court 27/06/2017 (copy received on 20/07/2017) |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO. |
3,500 |
|
|
11830/18 02/03/2018 |
Radislav Rafailovich FEDOROV 1983 |
Terekhov Konstantin Ilyich Moscow |
Anti-corruption rally Naberezhnye Chelny
26/03/2017 |
Article 20.2 § 5 of CAO
|
administrative fine of RUB 10,000 |
Supreme Court of the Republic of Tatarstan 13/09/2017 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO. |
3,500 |
|
|
24202/18 08/05/2018 |
Yuriy Yuryevich VOLOBUYEV 1968 |
Terekhov Konstantin Ilyich Moscow |
Political rally Smolensk
07/10/2017 |
Article 20.2 § 2 of CAO
|
administrative fine of RUB 20,000 |
Smolensk Regional Court 14/11/2017 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 2 of CAO.
|
3,500 |
|
|
28408/18 30/05/2018 |
Maksim Dmitriyevich SOLODNIKOV 1998 |
Pershakova Yelena Yuryevna Moscow |
Political rally Perm
07/10/2017 |
Article 20.2 § 5 of CAO |
community work of 20 hours |
Perm Regional Court 30/11/2017 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO.
|
3,500 |
|
|
30475/18 14/06/2018
and
8274/20 21/01/2020 |
Mikhail Mikhaylovich SILICH 1938 |
Yefremova Yekaterina Viktorovna Moscow |
Political rally Moscow
08/10/2017
Rally for fair elections to Mosgorduma Moscow
27/07/2019 |
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO
|
administrative fine of RUB 2,000
administrative fine of RUB 5,000 |
Moscow City Court 16/03/2018
Moscow City Court 24/10/2019 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings under Article 20.2 § 5 of CAO.
|
3,500 |
|
|
35074/18 12/07/2018 |
Irina Alekseyevna ILYINA 1961 |
Yelanchik Oleg Aleksandrovich Moscow |
Political rally Moscow
14/06/2017 |
Article 20.2 § 5 of CAO |
administrative fine of RUB 10,000 |
Moscow City Court 12/01/2018 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 14/06/2017 the applicant was taken to a police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence records (Art. 27.2 § 1 of CAO) and achieve the objectives set out in Art. 27.1 of CAO, e.g. to establish the suspect’s identity;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO. |
4,000 |
|
|
37025/18 25/07/2018 |
Konstantin Matveyevich SALTYKOV 1998 |
Zhdanov Ivan Yuryevich Vilnius |
Rally in support of A. Navalnyy “Strike of voters” Moscow
28/01/2018 |
Article 20.2 § 8 of CAO and Article 19.3 § 1 of CAO |
administrative detention of 30 days and administrative detention of 15 days |
Moscow City Court 08/02/2018 (two decisions)
|
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 28/01/2018 the applicant was taken to a police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence records (Art. 27.2 § 1 of CAO) and achieve the objectives set out in Art. 27.1 of CAO, e.g. to establish the suspect’s identity; detention at the police station from 2.40 p.m. on 28/01/2018 to 1.20 p.m. on 29/01/2018 with no justification; the record of administrative arrest was compiled only eight hours after the applicant’s arrest and escorting to the police station;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings under Article 20.2 § 5 of CAO and under Article 19.3 § 1 of CAO. |
5,000 |
|
|
41140/18 25/07/2018 |
Anton Sergeyevich GRACHEV 1980 |
|
Political rally Gatchina, Leningrad Region
09/03/2018 |
Article 20.2 § 2 of CAO |
administrative detention of 5 days |
Leningrad Regional Court 20/03/2018
|
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 2 of CAO;
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - local administration’s refusal to approve the locations and dates of political rallies on 07/10/2017 and 08/10/2017 (final decision Supreme Court of the Russian Federation, 15/08/2018). |
5,000 |
|
|
50045/18 10/10/2018 |
Semen Sergeyevich LASKIN 1990 |
Zhdanov Ivan Yuryevich Vilnius |
Political rally “He is not our tsar” Voronezh
05/05/2018 |
Article 20.2 § 5 of CAO |
administrative fine of RUB 10,000
|
Voronezh Regional Court 26/06/2018
|
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - local administration’s refusal to approve the location and date of the political rally “Strike of voters” on 28/01/2018 (final decision by the Supreme Court of the Russian Federation, 25/05/2018). |
3,500 |
|
|
50624/18 10/10/2018 |
Nikita Olegovich RYAZHSKIKH 1999 |
Zhdanov Ivan Yuryevich Vilnius |
Political rally “He is not our tsar” Voronezh
05/05/2018
|
Article 20.2 § 5 of CAO
|
administrative fine of RUB 10,000
|
Voronezh Regional Court 04/06/2018
|
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - local administration’s refusals to approve the locations and dates of four public events planned between 10/11/2017 and 25/11/2017 (final decisions were given by the Supreme Court of the Russian Federation 23/07/2018 and 18/09/2018). |
3,500 |
|
|
56385/18 17/11/2018 |
Aleksandra Andreyevna SHINKAREVA 1998 |
Ivanets Vyacheslav Sergeyevich Tbilisi, Georgia |
Political rally “He is not our tsar” Irkutsk
05/05/2018 |
Article 20.2 § 3 of CAO |
community work of 50 hours |
Irkutsk Regional Court 18/07/2018 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 3 of CAO. |
3,500 |
|
|
11398/19 15/02/2019
and
52155/19 20/09/2019
and
9303/20 31/01/2020
and
30159/20 21/05/2019 |
Ivan Yuryevich ZHDANOV 1988 |
Zamyatin Yevgeniy Mikhaylovich Berlin
Pomazuyev Aleksandr Yevgenyevich Vilnius
Los Vladlen Kornelevich Vilnius |
Rally against the pension reform Moscow 09/09/2018
Rally for fair elections to Mosgorduma Moscow
14/07/2019
Rally for fair elections to Mosgorduma Moscow
27/07/2019
|
Article 20.2 § 8 of CAO
Article 20.2 § 2 of CAO
Article 20.2 § 6.1 of CAO
|
administrative fine of RUB 250,000
administrative fine of RUB 25,000
administrative detention of 15 days
|
Moscow City Court 12/04/2019
Moscow City Court 26/02/2020
Moscow City Court 02/08/2019
|
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 25/10/2018 and 27/07/2019 the applicant was taken to a police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence records (Art. 27.2 § 1 of CAO) and achieve the objectives set out in Art. 27.1 of CAO, e.g. to establish the suspect’s identity; detention at the police station from 9.25 p.m. on 27/07/2019 to 8.30 p.m. on 29/07/2019 with no justification;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of administrative-offence proceedings under Article 20.2 § 2, Article 20.2 § 6.1 and Article 20.2 § 8 of CAO;
Art. 11 (1) - restrictions on location, time or manner of conduct of public events – Moscow City administration’s refusals to approve the locations and dates of five public meetings with A. Navalnyy planned between 29/09/2017 and 06/11/2017 (final decisions were given by the Supreme Court of the Russian Federation on 24/08/2018, 27/08/2018, 17/09/2018 and 23/11/2018). |
7,000 |
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18503/19 21/03/2019 |
Timur Kamalutdinovich RASULOV 1998 |
Peredruk Aleksandr Dmitriyevich St Petersburg |
“Disappearing Constitution” protest St Petersburg
10/10/2018 |
Article 20.2 § 8 of CAO |
community work of 100 hours |
St Petersburg City Court 29/01/2019 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 8 of CAO. |
3,500 |
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22911/19 10/04/2019 |
Illarion Yevgenyevich LITVINOV 1994 |
Zubarev Dmitriy Vladimirovich Vladivostok |
Rally against the pension reform Vladivostok
01/07/2018 |
Article 20.2 § 5 of CAO |
administrative fine of RUB 10,000 |
Primorye Regional Court 24/12/2018 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 28/07/2018 the applicant was taken to a police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence records (Art. 27.2 § 1 of CAO) and achieve the objectives set out in Art. 27.1 of CAO, e.g. to establish the suspect’s identity;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO. |
4,000 |
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22914/19 10/04/2019 |
Tatyana Yuryevna KHARDINA 2000 |
Zubarev Dmitriy Vladimirovich Vladivostok |
Rally against the pension reform Vladivostok
01/07/2018
Rally against the pension reform Vladivostok
09/09/2018
Rally against the pension reform Vladivostok
15/09/2018
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Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO |
administrative fine of RUB 10,000
administrative fine of RUB 10,000
administrative fine of RUB 5,000
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Primorye Regional Court 27/11/2018
Primorye Regional Court 09/01/2019
Primorye Regional Court 15/11/2018
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Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 04/07/2018 at 1.50 p.m. and on 15/09/2018 at 2.10 p.m. the applicant was taken to a police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence records (Art. 27.2 § 1 of CAO) and achieve the objectives set out in Art. 27.1 of CAO, e.g. to establish the suspect’s identity; detention in the police station from 3 p.m. on 15/09/2018 to 2.10 p.m. on 17/09/2018 with no justification;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of administrative-offence proceedings under Article 20.2 § 5 of CAO. |
5,000 |
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6929/20 14/01/2020 |
Ivan Mikhaylovich ZVYAGIN 1992 |
Popkov Aleksandr Vasilyevich Sochi |
“Monstration” public event Kursk
01/05/2019 |
Article 20.2 § 1 of CAO |
administrative fine of RUB 10,000 |
Kursk Regional Court 13/08/2019 |
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3,500 |
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6955/20 14/01/2020 |
Sergey Vladimirovich BAZHENOV 1969 |
Popkov Aleksandr Vasilyevich Sochi |
“Monstration” public event Kursk
01/05/2019 |
Article 20.2 § 5 of CAO |
administrative fine of RUB 10,000 |
Kursk Regional Court 20/08/2019 |
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3,500 |
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6957/20 14/01/2020 |
Nadezhda Igorevna KOLYCHEVA 1991 |
Popkov Aleksandr Vasilyevich Sochi |
“Monstration” public event Kursk
01/05/2019 |
Article 20.2 § 5 of CAO |
administrative fine of RUB 10,000 |
Kursk Regional Court 27/08/2019 |
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3,500 |
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6962/20 14/01/2020 |
Yelena Vladimirovna VETROVA 1972 |
Popkov Aleksandr Vasilyevich Sochi |
“Monstration” public event Kursk
01/05/2019 |
Article 20.2 § 5 of CAO |
administrative fine of RUB 10,000 |
Kursk Regional Court 13/08/2019 |
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3,500 |
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38358/20 22/07/2020 |
Petr Ivanovich KIKILYK 1944 |
Ruchko Irina Yuryevna Yekaterinburg |
Political rally Degtyarsk, Sverdlovsk Region
13/07/2019 |
Article 20.2 § 2 of CAO |
administrative fine of RUB 20,000 |
Sverdlovsk Regional Court 23/10/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 13/07/2019 the applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence records (Art. 27.2 § 1 of CAO) and achieve the objectives set out in Art. 27.1 of CAO, e.g. to establish the suspect’s identity; detention from 3.30 p.m. on 13/07/2019 to 11.45 a.m. on 14/07/2019 with no justification;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 2 of CAO. |
4,000 |
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38452/20 18/06/2020 |
Matvey Alekseyevich ALEKSANDROV 2000 |
Eysmont Mariya Olegovna Moscow |
Political rally Moscow
13/10/2019 |
Article 20.2 § 5 of CAO |
administrative fine of RUB 10,000 |
Moscow City Court 18/12/2019
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Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 13/10/2019 the applicant was taken to a police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence records (Art. 27.2 § 1 of CAO) and achieve the objectives set out in Art. 27.1 of CAO, e.g. to establish the suspect’s identity;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO. |
4,000 |