Published on 22 November 2021
THIRD SECTION
Applications nos. 28852/20 and 51676/20
Sergey Sergeyevich BOYKO and Irina Mikhaylovna KUKLYAK
against Russia
and Anastasiya Valeryevna STARODUBOVSKAYA against Russia
lodged on 25 June 2020 and 2 November 2020 respectively
communicated on 2 November 2021
SUBJECT MATTER OF THE CASES
The applications concern searches of the applicants’ homes. The applicants were not the suspects of the criminal investigation within the framework of which the searches had been carried out.
COMMON QUESTION TO THE PARTIES
1. As regards the searches of the applicants’ homes, did the interference with the applicants’ right to respect for their private life, home and correspondence pursue a legitimate aim, was it “in accordance with law” and “necessary in a democratic society” as required by Article 8 of the Convention?
CASE SPECIFIC QUESTION
2. Application no. 51676/20: Was the search performed in the present case, purportedly pursuant to Article 8 of the Convention, applied for a purpose other than those envisaged by that provision, contrary to Article 18 of the Convention (see Merabishvili v. Georgia [GC], no. 72508/13, §§ 287‑317, 28 November 2017 and, mutatis mutandis, Aliyev v. Azerbaijan, nos. 68762/14 and 71200/14, §§ 211-216, 20 September 2018)?
APPENDIX
Application no 28852/20
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1.
Sergey Sergeyevich BOYKO
1974
Russian
Oktyabrskiy, Moscow Region
2.
Irina Mikhaylovna KUKLYAK
1984
Russian
Balashikha,
Moscow Region
Application no 51676/20
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1.
Anastasiya Valeryevna STARODUBOVSKAYA
1995
Russian
Moscow