Published on 30 May 2023
SECOND SECTION
Application no. 65015/19
Konstantin Andreyevich BUZIN against Russia
and 20 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 4 May 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 6 § 1 of the Convention relating to lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings which are the subject of well-established case law of the Court (see Karelin v. Russia, no. 926/08, 20 September 2016).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under well-established case-law
65015/19
05/12/2019
Konstantin Andreyevich BUZIN
1978
fine of RUB 15,000
28/08/2019,
Moscow City Court
27436/21*
27/04/2021
Denis Vladimirovich VASILENKO
1989
Aleksey Valeryevich Vlasov
Tula
administrative detention of 3 days
administrative detention of 8 days
27/10/2020,
Tula Regional Court
20/10/2021,
Tula Regional Court
29209/21*
17/05/2021
German Aleksandrovich KOBYCHEV
1998
Konstantin Aleksandrovich Markin
Velikiy Novgorod
fine of RUB 5,000
19/11/2020,
Tsentralnyy District Court of Sochi
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers on whose written statements the applicant’s conviction was based
1430/22
14/12/2021
Yevgeniy Aleksandrovich TOPOROV
1989
fine of RUB 30,000
suspension of driving licence
for 1 year 6 months
13/09/2021, Isakogorskiy District Court of Arkhangelsk
3175/22*
24/12/2021
Sergey Vladimirovich GORLOV
1978
Valeriy Viktorovich Kanayev
Diveyevo
fine of RUB 30,000, suspension of driving licence for 1 year 6 months
27/07/2021,
Ardatovskiy District Court of the Nizhniy Novgorod Region
3507/22*
22/12/2021
Andrey Yuryevich PODKIDYSHEV
1960
Andrey Yevgenyevcich Shchukin
Nizhniy Tagil
fine of RUB 2,000
administrative detention of 12 days
25/11/2021,
Sverdlovsk Regional Court
03/03/2022,
Sverdlovsk Regional Court
Art. 5 (1) - unlawful deprivation of liberty – arrest and escorting to the police station on 18/11/2021, detention in excess of 3 hours (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019)
4501/22*
10/01/2022
Dmitriy Olegovich MOREV
2001
Ivan Yuryevich Zhdanov
Vilnius
fine of RUB 10,000
31/08/2021,
Voronezh Regional Court
Art. 5 (1) - unlawful detention - arrest and detention on 21/04/2021 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) and Art. 6 (3) (d) – unfair criminal proceedings in view of the impossibility to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based
16125/22*
26/02/2022
Vasiliy Aleksandrovich KOCHKIN
1988
Valeriy Viktorovich Kanayev
Diveyevo
fine of RUB 30,000,
suspension of driving licence
15/02/2022,
Diveyevskiy District Court of the Nizhniy Novgorod Region
24461/22*
05/03/2022
Ruslan Gennadyevich OVSYANNIKOV
1983
fine of RUB 1,000
02/11/2021, Saratov Regional Court
29895/22*
06/05/2022
Sergey Vladimirovich SHESHENIN
1970
Valeriy Viktorovich Kanayev
Diveyevo
fine of RUB 30,000,
suspension of driving licence
for 1 year and 6 months
26/04/2022,
Diveyevskiy District Court of the Nizhniy Novgorod Region
Art. 6 (3) (c) - free legal assistance - the applicant was not provided with free legal assistance before and during a trial against him (see Mikhaylova v. Russia, no. 46998/08, §§ 76-84, 19 November 2015)
30994/22*
08/06/2022
Aleksandr Anatolyevich PRIKHOZHDENKO
1993
Timofey Borisovich Ushakov
Kokoshkino
fine of RUB 30,000,
suspension of driving licence
for 1 year 6 months
09/12/2021,
Moscow City Court
32764/22*
11/06/2022
Aleksandr Anatolyevich RYBKOV
1974
Aleksey Borisovich Vologin
Volsk
suspension of driving licence for 1 year
21/01/2022, Shchelkovskiy District Court of the Moscow Region
Art. 6 (3) (c) - free legal assistance - lack of legal assistance in administrative proceedings against the applicant
34291/22*
30/06/2022
Aleksandr Yevgenyevich AKIMOV
1995
Aleksandr Yevgenyevich Ushakov
Kokoshkno
fine of RUB 30,000,
suspension of driving licence for 1 year
02/03/2022,
Butyrskiy District Court of Moscow
36331/22
18/07/2022
Grigoriy Vladimirovich ALEYNIKOV
1988
Anna Yevgenyevna Bochilo
Barnaul
administrative detention of 10 days
21/03/2022,
St Petersburg City Court
Art. 5 (1) - unlawful detention - arrest and detention on 27/02/2022 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, released on the following day,
Art. 6 (1) and Art. 6 (3) (d) – unfair criminal proceedings in view of the impossibility to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 16/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v. Russia., §§ 179-191; Martynyuk v. Russia, paras 38-42)
38591/22*
07/07/2022
Mariya Vladimirovna KRIVENKO
1989
Irina Vladimirovna Gak
Rostov-on-Don
administrative detention of 10 days
11/03/2022,
Rostov Regional Court
Art. 5 (1) - unlawful detention - arrest and detention on 06/03/2022 in excess of 3 hours for the sole purpose of drawing a record of administrative offence, the applicant was released on the following day,
Art. 6 (1) and Art. 6 (3) (d) – unfair criminal proceedings in view of the impossibility to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution.
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 07/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v Russia, §§ 179-191)
38786/22*
25/07/2022
Aleksandr Aleksandrovich GONCHARUK
1981
fine of RUB 30,000, suspension of driving licence for 1 year and 6 months
25/01/2022,
Bureyskiy District Court of the Amur Region
39360/22*
22/07/2022
Viktor Yevgenyevich YASINOVSKIY
1989
Aleksey Borisovich Vologin
Volsk
fine of RUB 30,000,
suspension of driving licence for 1 year and 8 months
19/05/2022,
Bazarno-Karabulakskiy District Court of the Saratov Region
Art. 6 (3) (c) - free legal assistance - the applicant was not provided with free legal assistance during his arrest and while the police were drawing up the administrative-offence report on 08/12/2021
39365/22*
22/07/2022
Andrey Viktorovich GALKIN
1983
Aleksey Borisovich Vologin
Volsk
fine of RUB 30,000,
suspension of driving licence for 1 year and 7 months
18/04/2022,
Volsk District Court of the Saratov Region
Art. 6 (3) (c) - free legal assistance - the applicant complained that he had been deprived of free legal assistance during his arrest and while the police were drawing up the administrative offence report
45216/22
05/09/2022
Anastasiya Yevgenyevna AGEYEVA
1998
Vladimir Sergeyevich Nemanov
Moscow
administrative detention of 15 days
05/05/2022
Moscow City Court
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based,
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on
29-30/04/2022 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence.
50884/22*
15/10/2022
Dmitriy Aleksandrovich BOBOSHKO
1985
fine of RUB 30,000,
suspension of driving licence for 1 year and 7 months
12/07/2022,
Volsk District Court of the Saratov Region
1412/23*
22/12/2022
Nikolay Aleksandrovich TISHKIN
1985
Aleksey Borisovich Vologin
Volsk
fine of RUB, 30,000; suspension of driving license for 1 year and 6 months
15/09/2022,
Military Court of the Central Circuit