Communicated on 19 October 2017
THIRD SECTION
Applications nos. 21727/11 and 22996/11
Pavel Aleksandrovich KULAKOV against Russia
and Lyudmila Vladimirovna AGIYEVA against Russia
lodged on 9 March 2011 and 24 March 2011 respectively
STATEMENT OF FACTS
The applicant in the first case, Mr Pavel Aleksandrovich Kulakov, is a Russian national, who was born in 1975 and lives in Vylgort, Komi Republic.
The applicant in the second case, Ms Lyudmila Vladimirovna Agiyeva, is a Russian national, who was born in 1985 and lives in Vylgort, Komi Republic.
The facts of the case, as submitted by the applicants, may be summarised as follows.
A. Appointment of Ms Ch. to office
On 26 May 1990 Ms Ch. was elected a judge of the Syktyvkar Town Court.
On 22 December 1999 the Judicial Qualifications Board granted Ms Ch.’s application for resignation and terminated her judicial status.
On 26 August 2010 the President of the Supreme Court of the Komi Republic appointed Ms Ch. an acting justice of peace in Vylgort for a period of up to one year.
On 11 January 2011 the President of the Supreme Court relieved Ms Ch. from office of the acting justice of peace.
B. Application no. 21727/11
On 15 October 2010 Justice of Peace Ch. delivered two judgments finding the applicant in violation of road traffic rules and sentenced him cumulatively to six days’ arrest. The applicant appealed arguing, inter alia, that Ms Ch. had been appointed to the office in contravention of applicable laws.
On 17 November the Syktyvdinskiy District Court of the Komi Republic upheld both judgments of 15 October 2010 on appeal. The court discerned no irregularity as regards Ms Ch.’s appointment to the office of the justice of peace.
C. Application no. 22996/11
On 7 October 2010 Justice of Peace Ch. granted an action lodged by Yu. against the applicant and reduced the sum of the monthly alimony Yu. was to pay as support for the parties’ minor daughter. The applicant appealed arguing, inter alia, that Ms Ch. had been appointed to the office in contravention of applicable laws.
On 8 December 2010 the District Court upheld the judgment of 7 October 2010 on appeal. The court discerned no irregularity as regards Ms Ch.’s appointment to the office of the justice of peace.
D. Relevant domestic law and practice
Section 7.1 of Law of the Russian Federation No. 3132-1 On the Judicial Status enacted on 26 June 1992 provided at the material time that the president of a higher court, subject to a prior approval of the judicial qualifications’ board, could appoint a retired judge as an acting judge for a period of up to one year.
Section 11 § 2 of Federal Constitutional Law No. 1-FKZ On the Judicial System of the Russian Federation enacted on 31 December 1996 specified that only retired judges who have served for at least ten years could be appointed as an acting judge pursuant to the procedure set out in the Law on the Judicial Status.
In its ruling no. 16-P of 16 July 2009 the Constitutional Court of the Russian Federation declared Section 7.1 of the Law on the Judicial Status incompatible with the Constitution in so far as it had been interpreted and applied in a manner allowing the appointment of a retired judge as an acting judge if he or she had not been reappointed for an unlimited duration following the expiration of the initial term of office. The Constitutional Court relied, inter alia, on the provisions of Section 11 § 2 of the Law On the Judicial System and reiterated that only retired judges who had served for at least ten years could be appointed as acting judges (Section 3.2 of the said ruling).
COMPLAINT
The applicants complain under Article 6 § 1 of the Convention that their cases were not examined by a “tribunal established by law”.
QUESTION TO THE PARTIES
Were the applicants’ cases examined by a tribunal “established by law”, as required by Article 6 § 1 of the Convention?
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