579/19;1485/19;1529/19;2545/19;2645/19;2823/19;2898/19;3598/19;3831/19;3843/19;3853/19;4078/19;4080/19;4484/19;5159/19;5322/19;5363/19;5654/19;5857/19;6360/19;6391/19;6423/19;6546/19;6562/19;6568/19;6647/19;11010/19;11250/19;11308/19;11672/19;13617/19;13627/19;13776/19;16178/19;16241/19;16614/19;17163/19;19485/19;19710/19;19752/19;19796/19;19798/19;19841/19;19853/19;19954/19;20051/19;20275/19;20429/19;20461/19;20987/19;21180/19;21959/19;24850/19;25172/19;26229/19;27789/19;28353/19;28965/19;31664/19;32092/19;32937/19;34126/19
WyrokETPCz2023-04-20ECLI:CE:ECHR:2023:0420JUD000057919
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy środki podjęte wobec uczestników i organizatorów pokojowych zgromadzeń publicznych w Rosji, w tym ich aresztowania, zatrzymania i skazania za wykroczenia administracyjne, stanowiły nieproporcjonalną ingerencję w prawo do wolności zgromadzeń (art. 11 Konwencji) oraz naruszały prawo do wolności (art. 5 ust. 1), prawo do rzetelnego procesu (art. 6 ust. 1) i prawo do odwołania w sprawach karnych (art. 2 Protokołu nr 7)?Ratio decidendi
Trybunał stwierdził, że środki zastosowane wobec skarżących, takie jak aresztowania, zatrzymania i skazania za wykroczenia administracyjne w związku z udziałem w pokojowych protestach, stanowiły nieproporcjonalną ingerencję w ich prawo do wolności zgromadzeń, niezgodną z art. 11 Konwencji. Trybunał oparł się na swoim ugruntowanym orzecznictwie w podobnych sprawach przeciwko Rosji. Dodatkowo, w odniesieniu do innych skarg, Trybunał uznał, że doszło do naruszeń art. 5 ust. 1 (nieuzasadnione pozbawienie wolności), art. 6 ust. 1 (brak bezstronności sądu z powodu braku strony oskarżającej w postępowaniach administracyjnych) oraz art. 2 Protokołu nr 7 (brak skutku zawieszającego odwołania od kary aresztu administracyjnego), również odwołując się do swojego ugruntowanego orzecznictwa.Stan faktyczny
Skarżący byli organizatorami i uczestnikami ogólnokrajowych protestów, które odbyły się w różnych miastach Rosji 5 maja 2018 roku, przed inauguracją czwartej kadencji prezydenckiej Władimira Putina. W związku z tymi protestami zostali poddani nieproporcjonalnym środkom, takim jak aresztowania i skazania za wykroczenia administracyjne. Skarżący zarzucali, że te działania naruszyły ich prawo do wolności zgromadzeń, a także inne prawa konwencyjne, w tym prawo do wolności i bezpieczeństwa oraz prawo do rzetelnego procesu.Rozstrzygnięcie
Trybunał jednogłośnie postanawia połączyć skargi; stwierdza, że ma jurysdykcję do rozpatrzenia skarg; uznaje skargi na podstawie art. 11 Konwencji oraz inne skargi oparte na ugruntowanym orzecznictwie za dopuszczalne; stwierdza, że nie ma potrzeby odrębnego rozpatrywania pozostałych skarg na podstawie art. 6 Konwencji i uznaje pozostałe części skarg za niedopuszczalne; stwierdza naruszenie art. 11 Konwencji; stwierdza naruszenie Konwencji i Protokołów do niej w odniesieniu do innych skarg podniesionych na podstawie ugruntowanego orzecznictwa; orzeka, że państwo pozwane ma zapłacić skarżącym kwoty wskazane w załączonej tabeli wraz z odsetkami.Pełny tekst orzeczenia
FIFTH SECTION
CASE OF RODIONOV AND OTHERS v. RUSSIA
(Applications nos. 579/19 and 61 others –
see appended list)
JUDGMENT
STRASBOURG
20 April 2023
This judgment is final but it may be subject to editorial revision.
In the case of Rodionov and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Mattias Guyomar,
Kateřina Šimáčková, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 30 March 2023,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
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 nationwide protests that took place in various Russian cities on 5 May 2018 before Vladimir Putin’s inauguration for the fourth presidential term. The applicants also raised other complaints under the provisions of the Convention.
THE LAW
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.
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).
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, 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.
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.
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.
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. 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,
Decides to join the applications;
Holds that it has jurisdiction to deal with the applicants’ complaints as they relate to facts that took place before 16 September 2022;
Declares the complaints under Article 11 of the Convention and the other complaints under 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;
Holds that these complaints disclose a breach of Article 11 of the Convention;
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);
Holds
(a) that the respondent State is to pay the 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 20 April 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina María Elósegui
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 11 of the Convention
(disproportionate measures against organisers and participants of public assemblies)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Location
Administrative charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well‑established case-law
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
579/19
10/12/2018
Yuriy Anatolyevich RODIONOV Zhdanov Ivan Yuryevich
Vilnius
Voronezh
Article 20.2 § 5 of CAO
fine of RUB 15,000
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 date and location of the rally on 05/05/2018 in Voronezh planned by the applicant (notification procedure, final decision: Supreme Court of the Russian Federation, 04/09/2018).
3,500
1485/19
14/12/2018
Olga PEROVA Glukhov Aleksey Vladimirovich
Novocheboksarsk
Cheboksary
Article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Republic of Chuvashia
19/07/2018
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 § 5 of CAO.
3,500
1529/19
14/12/2018
Vasiliy KERIMOV Glukhov Aleksey Vladimirovich
Novocheboksarsk
Cheboksary
Article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Republic of Chuvashia
17/07/2018
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 § 5 of CAO.
3,500
2545/19
13/12/2018
Nikolay Alekseyevich KUTUZOV Zhdanov Ivan Yuryevich
Vilnius
St Petersburg
Article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
26/06/2018
Art. 5 (1) - unlawful deprivation of liberty –
arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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
2645/19
24/12/2018
Georgiy Sergeyevich KRAYNEV Zhdanov Ivan Yuryevich
Vilnius
Togliatti
Article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
03/07/2018
Art. 5 (1) - unlawful deprivation of liberty – arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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
2823/19
26/12/2018
Igor Mikhaylovich ZHURAVLEV Zhdanov Ivan Yuryevich
Vilnius
Kaluga
Article 20.2 § 1 of CAO
fine of RUB 5,000
Kaluga Regional Court
10/07/2018
Art. 5 (1) - unlawful deprivation of liberty – arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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 § 1 of CAO.
4,000
2898/19
25/12/2018
Vyachslav Dmitriyevich SIZOV Sholokhov Igor Nikolayevich
Kazan
Novokuznetsk
Article 20.2 § 5 of CAO
fine of RUB 10,000
Kemerovo Regional Court
25/06/2018
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.
3,500
3598/19
02/01/2019
Roman Olegovich SEMEYKO Laptev Aleksey Nikolayevich
Moscow
Moscow
Article 19.3 § 1 of CAO
fine of RUB 1,000
Moscow City Court
02/07/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 19.3 § 1 of CAO.
4,000
3831/19
29/12/2018
Kirill Vladislavovich TIMCHENKO Popkov Aleksandr Vasilyevich
Sochi
Krasnodar
Article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnodar Regional Court
11/07/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO.
4,000
3843/19
29/12/2018
Vilen Nikolayevich DEMIN Popkov Aleksandr Vasilyevich
Sochi
Krasnodar
Article 20.2 § 5 of CAO
Article 19.3 § 1 of CAO
fine of RUB 10,000
detention of
1 day
Krasnodar Regional Court
03/07/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO.
4,000
3853/19
29/12/2018
Andrey Borisovich YAKIMOV Popkov Aleksandr Vasilyevich
Sochi
Krasnodar
Article 20.2 § 5 of CAO
Article 19.3 § 1 of CAO
fine of RUB 10,000
fine of RUB 500
Krasnodar Regional Court
10/07/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO.
4,000
4078/19
06/12/2018
Karina Aleksandrovna KUPRIYANOVA Lepekhin Andrey Gennadyevich
Chelyabinsk
Chelyabinsk
Article 20.2 § 5 of CAO
fine of RUB 5,000
Chelyabinsk Regional Court
15/08/2018
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.
3,500
4080/19
06/12/2018
Anton Sergeyevich PEREKOPSKIY Lepekhin Andrey Gennadyevich
Chelyabinsk
Chelyabinsk
Article 20.2 § 5 of CAO
fine of RUB 10,000
Chelyabinsk Regional Court
03/10/2018
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.
3,500
4484/19
03/01/2019
Sergey Borisovich MELNIKOV Charskiy Vladimir Valentinovich
Saratov
Saratov
Article 20.2 § 6.1 CAO
detention of 2 days
Saratov Regional Court
03/07/2018
4,000
5159/19
15/01/2019
Sergey Alekseyevich SKVORTSOV Zhdanov Ivan Yuryevich
Vilnius
Kostroma
Article 20.2 § 3 of CAO
fine of RUB 15,000
Kostroma Regional Court
17/07/2018
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
5322/19
26/12/2018
Vladimir Yevgenyevich ARZHANOV Sholokhov Igor Nikolayevich
Kazan
Novokuznetsk
Article 20.2 § 5 of CAO
fine of RUB 10,000
Kemerovo Regional Court
27/06/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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
5363/19
06/12/2018
Viktoriya Olegovna SHAT Lepekhin Andrey Gennadyevich
Chelyabinsk
Chelyabinsk
Article 20.2 § 5 of CAO
fine of RUB 10,000
Chelyabinsk Regional Court
17/10/2018
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.
3,500
5654/19
28/12/2018
Ilya Vladislavovich CHUMAKOV Vasin Vladimir Valeryevich
Krasnoyarsk
Krasnoyarsk
Article 20.2 § 8 of CAO
detention of
5 days
Krasnoyarsk Regional Court
05/07/2018
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 § 8 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 court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
5,000
5857/19
15/01/2019
Aleksandr Yuryevich PESKOV Zhdanov Ivan Yuryevich
Vilnius
Arkhangelsk
Article 20.2 § 1 of CAO
fine of RUB 15,000
Arkhangelsk Regional Court
17/07/2018
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 § 1 of CAO.
3,500
6360/19
14/01/2019
German Aleksandrovich KOBYCHEV Markin Konstantin Aleksandrovich
Velikiy Novgorod
Moscow
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
26/11/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; detention at the police station for more than 3 hours: from 6.25 p.m. to 10.09 p.m. 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
6391/19
21/01/2019
Pavel Vladimirovich KRASILNIKOV Zhdanov Ivan Yuryevich
Vilnius
Vladimir
Article 20.2 § 5 of CAO
fine of RUB 5,000
Vladimir Regional Court
04/09/2018
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.
3,500
6423/19
11/01/2019
Grigoriy Leonidovich GIRA Laptev Aleksey Nikolayevich
Moscow
Ukhta
Article 20.2 § 1 of CAO
fine of RUB 10,000
Supreme Court of the Komi Republic
11/07/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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 § 1 of CAO.
4,000
6546/19
21/01/2019
Maksimilian Sergeyevich RUBLEV Zhdanov Ivan Yuryevich
Vilnius
Vladimir
Article 20.2 § 5 of CAO
fine of RUB 5,000
Vladimir Regional Court
11/09/2018
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.
3,500
6562/19
21/01/2019
Maksim Vasilyevich PLYUSNIN Zhdanov Ivan Yuryevich
Vilnius
St Petersburg
Article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
28/08/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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
6568/19
21/01/2019
Yegor Dmitriyevich KAZARINOV Zhdanov Ivan Yuryevich
Vilnius
Vladimir
Article 20.2 § 5 of CAO
fine of RUB 5,000
Vladimir Regional Court
11/09/2018
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.
3,500
6647/19
21/01/2019
Oleg Vadimovich PESTRIKOV Zhdanov Ivan Yuryevich
Vilnius
Moscow
Article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
04/09/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; detention in excess of 3 hours: from 3.10 p.m. on 05/05/2018 to 10.10 a.m. on 07/05/2018 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 § 6.1 of CAO.
4,000
11010/19
15/02/2019
Aleksey Nikolayevich USOV Yatsenko Irina Aleksandrovna
Moscow
Moscow
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
16/08/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; detention in excess of 3 hours: from 7 p.m. on 05/05/2018 to 7 a.m. on 06/05/2018 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
11250/19
14/02/2019
Vadim Nikolayevich VERESHCHAGIN Chervonnyy Grigoriy Sergeyevich
Moscow
Moscow
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
20/08/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; detention in excess of 3 hours from 5.50 p.m. on 05/05/2018 to 5.30 p.m. on 07/05/2018 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
11308/19
17/01/2019
Mikhail Mikhaylovich FEDOROV Charskiy Vladimir Valentinovich
Saratov
Saratov
Article 20.2 § 6.1 of CAO
fine of RUB 10,000
Saratov Regional Court
17/08/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; detention in excess of 3 hours: from 5.55 p.m. on 01/07/2018 to 11.15 a.m. on 02/07/2018 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 § 6.1 of CAO.
4,000
11672/19
20/02/2019
Ruslan Andreyevich STARIKOVSKIY Zhdanov Ivan Yuryevich
Vilnius
Kostroma
Article 20.2 § 6.1 of CAO
fine of RUB 5,000
Kostroma Regional Court
10/10/2018
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 § 6.1 of CAO.
3,500
13617/19
22/02/2019
Vladimir Aleksandrovich BULATOV Mezak Ernest Aleksandrovich
Saint-Barthélemy d’Anjou
Kirov
Article 20.2 § 5 of CAO
fine of RUB 10,000
Kirov Regional Court
23/08/2018
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.
3,500
13627/19
17/02/2019
Danil Valeryevich BOLSHAKOV Vasin Vladimir Valeryevich
Krasnoyarsk
Krasnoyarsk
Article 20.2 § 5 of CAO
community work of 35 hours
Krasnoyarsk Regional Court
23/08/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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
13776/19
17/02/2019
Yuriy Mamukayevich ORESHNIKOV Vasin Vladimir Valeryevich
Krasnoyarsk
Krasnoyarsk
Article 20.2 § 5 of CAO
fine of RUB 12,000
Krasnoyarsk Regional Court
18/10/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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
16178/19
12/03/2019
Viktor Yevgenyevich KOZLENKO Vasin Vladimir Valeryevich
Krasnoyarsk
Krasnoyarsk
Article 20.2 § 5 of CAO
community work of 30 hours
Krasnoyarsk Regional Court
13/09/2018
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.
3,500
16241/19
05/03/2019
Yevgeniy Yuryevich MIROSHNIK Mikhaylova Varvara Dmitriyevna
St Petersburg
St Petersburg
Article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
06/09/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; detention at the police station from 6.30 p.m. on 05/05/2018 to 5.15 a.m. on 06/05/2018 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
16614/19
11/03/2019
Stanislav Viktorovich RUDKOVSKIY Vasin Vladimir Valeryevich
Krasnoyarsk
Krasnoyarsk
Article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
13/09/2018
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.
3,500
17163/19
20/03/2019
Ivan Nikolayevich BOYKOV Yatsenko Irina Aleksandrovna
Moscow
Moscow
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
20/09/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; detention at the police station in excess of 3 hours: from 7 p.m. on 05/05/2018 to 5.11 a.m. on 06/05/2018 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
19485/19
02/04/2019
Kirill Yuryevich AFONIN Pomazuyev Aleksandr Yevgenyevich
Vilnius
Moscow
Article 19.3 § 1 of CAO
fine of RUB 1,000
Moscow City Court
28/11/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 19.3 § 1 of CAO.
4,000
19710/19
01/04/2019
Anton Anatolyevich LYSENKO Zhdanov Ivan Yuryevich
Vilnius
Moscow
Article 19.3 § 1 of CAO
fine of RUB 1,000
Moscow City Court
14/11/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; detention at the police station in excess of 3 hours: from 7.50 p.m. on 05/05/2018 to 3.20 a.m. on 06/05/2018 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 19.3 § 1 of CAO.
4,000
19752/19
01/04/2019
Sofya Gyrmayevna KASSAYE Pomazuyev Aleksandr Yevgenyevich
Vilnius
Moscow
Article 19.3 § 1 of CAO
fine of RUB 1,000
Moscow City Court
20/11/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 19.3 § 1 of CAO.
4,000
19796/19
01/04/2019
Ilya Ilyich LATOKHIN Pomazuyev Aleksandr Yevgenyevich
Vilnius
Moscow
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
22/01/2019
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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
19798/19
01/04/2019
Georgiy Pavlovich NEKRASOV Zhdanov Ivan Yuryevich
Vilnius
Smolensk
Article 20.2 § 2 of CAO
fine of RUB 20,000
Smolensk Regional Court
24/10/2018
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.
3,500
19841/19
02/04/2019
Vladislav Aleksandrovich ALEKSEYEV Pomazuyev Aleksandr Yevgenyevich
Vilnius
Moscow
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
20/11/2018
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.
3,500
19853/19
02/04/2019
Aleksey Eduardovich PARTOLIN Pomazuyev Aleksandr Yevgenyevich
Vilnius
Moscow
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
26/11/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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
19954/19
02/04/2019
Aleksandr Aleksandrovich ALYABYEV Pomazuyev Aleksandr Yevgenyevich
Vilnius
Moscow
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
06/02/2019
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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
20051/19
01/04/2019
Aleksey Maksimovich CHEREDNICHENKO Pomazuyev Aleksandr Yevgenyevich
Vilnius
Moscow
Article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
08/11/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; detention at the police station in excess of 3 hours: from 3 p.m. on 05/05/2018 to 9.53 a.m. on 07/05/2018 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 § 6.1 of CAO.
4,000
20275/19
02/04/2019
Vsevolod Aleksandrovich KVASHNIN Zhdanov Ivan Yuryevich
Vilnius
Yekaterinburg
Article 20.2 § 1 of CAO
fine of RUB 12,000
Sverdlovsk Regional Court
23/10/2018
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 § 1 of CAO.
3,500
20429/19
02/04/2019
Aleksandr Sergeyevich SAKHAROV Pomazuyev Aleksandr Yevgenyevich
Vilnius
Moscow
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
16/11/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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
20461/19
21/03/2019
Lev Yevgenyevich GYAMMER Sholokhov Igor Nikolayevich
Kazan
Novokuznetsk
Article 20.2 § 1 of CAO
fine of RUB 10,000
Kemerovo Regional Court
14/01/2019
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 § 1 of CAO.
3,500
20987/19
01/04/2019
Dmitriy Dmitriyevich KOZHANOV Zhdanov Ivan Yuryevich
Vilnius
Perm
Article 20.2 § 5 of CAO
fine of RUB 10,000
Perm Regional Court
07/11/2018
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.
3,500
21180/19
01/04/2019
Daniil Yevgenyevich POLIANCHIK Pomazuyev Aleksandr Yevgenyevich
Vilnius
Moscow
Article 19.3 § 1 of CAO
fine of RUB 1,000
Moscow City Court
20/11/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 19.3 § 1 of CAO.
4,000
21959/19
02/04/2019
Viktor Valeryevich NIKOLAYEV Pomazuyev Aleksandr Yevgenyevich
Vilnius
Moscow
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
28/11/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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
24850/19
16/04/2019
Aleksandra Sergeyevna MURAVYEVA Pomazuyev Aleksandr Yevgenyevich
Vilnius
Moscow
Article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
18/10/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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
25172/19
18/04/2019
Sergey Anatolyevich POLYAKOV Sidorkina Svetlana Ivanovna
Moscow
Moscow
Article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
04/02/2019
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 § 5 of CAO.
3,500
26229/19
30/04/2019
Polina Alekseyevna APANOVICH Yelanchik Oleg Aleksandrovich
Moscow
Moscow
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
30/10/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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
27789/19
14/05/2019
Natalya Igorevna ANDREYEVA Vasin Vladimir Valeryevich
Krasnoyarsk
Krasnoyarsk
Article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
15/11/2018
3,500
28353/19
06/05/2019
Dmitriy Aleksandrovich YEGOROV Nisanbekova Elza Rinatovna
Kazan
Kazan
Article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Republic of Tatarstan
07/11/2018
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.
3,500
28965/19
06/05/2019
Vadim Markovich BRAYNIN
Saratov
Article 20.2 § 5 of CAO
fine of RUB 10,000
Saratov Regional Court
15/11/2018
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.
3,500
31664/19
28/05/2019
Anton Sergeyevich KIRGIZOV Balog Natalya Andreyevna
Krasnoyarsk
Krasnoyarsk
Article 20.2 § 5 of CAO
fine of RUB 15,000
Krasnoyarsk Regional Court
29/11/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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
32092/19
28/05/2019
Mikhail Ivanovich KUZNETSOV Charskiy Vladimir Valentinovich
Saratov
Saratov
Article 20.2 § 6.1 of CAO
detention of 2 days
Saratov Regional Court
29/11/2018
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 § 6.1 of CAO.
5,000
32937/19
13/06/2019
Nikita Sergeyevich FOMICHEV Pomazuyev Aleksandr Yevgenyevich
Vilnius
Moscow
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
28/02/2019
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 05/05/2018 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO;
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
34126/19
19/06/2019
Valeriya Aleksandrovna IOVA Vasin Vladimir Valeryevich
Krasnoyarsk
Krasnoyarsk
Article 20.2 § 5 of CAO
fine of RUB 15,000
Krasnoyarsk Regional Court
20/12/2018
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.
3,500
[1] Plus any tax that may be chargeable to the applicants.
© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 29.07.2026. · Źródło