Communicated on 24 January 2020
Published on 10 February 2020
THIRD SECTION
Applications nos. 19148/17 and 74466/17
Sergey Pavlovich LAPSHOV against Russia
and Yevgeniy Dmitriyevich LUKIN
The applicants are Russian nationals.
The circumstances of the cases
The facts of the cases, as submitted by the applicants, may be summarised as follows.
The applicants were prosecuted under the Code of Administrative Offences of the Russian Federation. The courts heard their cases in the absence of a prosecuting party. The applicants were found guilty as charged and subjected to a penalty.
The details pertaining to each application appear in the Appendix below.
COMPLAINT
The applicants complain under Article 6 § 1 of the Convention that the courts which considered their cases were not impartial.
COMMON QUESTION
Were the courts which dealt with the applicants’ cases impartial, as required by Article 6 § 1 of the Convention (see Karelin v. Russia, no. 926/08, §§ 38-85, 20 September 2016)?
APPENDIX
No.
Application
no.
Lodged on
Applicant name
date of birth
place of residence
Administrative offence
Sentence
Judicial proceedings
First level of jurisdiction
Appeal
19148/17
28/02/2017
Sergey Pavlovich LAPSHOV
16/06/1971
Volsk
Drink driving. Fine in the amount of RUB 30,000 and suspension of the driving licence for a year and 7 months.
20 October 2016, justice of the peace of judicial circuit no. 4 of the Volskiy District of the Saratov Region
23 November 2016, Volskiy District Court of the Saratov Region
74466/17
06/10/2017
Yevgeniy Dmitriyevich LUKIN
06/08/1991
Volsk
Refusal to undergo a breathalyser test.
Fine in the amount of RUB 30,000 and suspension of the driving licence for a year and 6 months.
25 April 2016, justice of the peace of judicial circuit no. 2 of the Volskiy District of the Saratov Region
26 May 2017, Volskiy District Court of the Saratov Region
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