Published on 2 October 2023
FOURTH SECTION
Application no. 83527/17
Aleksey Aleksandrovich PETROV against Russia
and 9 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 7 September 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
83527/17
17/11/2017
Aleksey Aleksandrovich PETROV
1971
Aleksey Borisovich Vologin
Volsk
community service of
20 hours
21/06/2017, Volskiy District Court of the Saratov Region
Art. 6 (3) (c) - free legal assistance - The applicant was not provided with a lawyer in course of the administrative proceedings against him.
31332/18*
19/06/2018
Yelizaveta Vasilyevna KUZNETSOVA
1994
Yevgeniy Valeryevich Kulakov
Arkhangelsk
suspension of the driving licence for 1 year
22/05/2018, Arkhangelsk Regional Court
3404/19*
04/01/2019
Nikita Aleksandrovich YEFIMOV
1971
1) administrative fine of RUB 30,000
2) administrative fine of RUB 30,000
1) 28/08/2018, Cheremushkinskiy District Court of Moscow;
2) 28/08/2018, Cheremushkinskiy District Court of Moscow
19369/19*
30/03/2019
Vasiliy Vladimirovich YEGOROV
1989
Aleksey Borisovich Vologin
Volsk
administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 8 months
19/03/2019, Military Court of Privolzhskiy Circuit
20172/19*
25/03/2019
Vladimir Petrovich MAKSIMOV
1957
administrative fine of
RUB 200,000
04/10/2018, Nizhniy Novgorod Regional Court
47825/19*
01/09/2019
Dmitriy Olegovich KAZAKOV
1996
Sergey Trofimovich Maryin
Saransk
administrative detention of 2 days
01/03/2019, Oktyabrskiy District Court of Saransk
62670/19*
20/11/2019
Sergey Andreyevich PERMYAKOV
1987
Roman Yevgenyevich Kachanov
Yekaterinburg
administrative detention of 7 days
21/05/2019, Sverdlovsk Regional Court
Art. 6 (1) - and Art. 6 (3) (c) - applicant’s absence from criminal proceedings - The applicant was not present at appeal hearing in the Sverdlovsk Regional Court on 21/05/2019, since he was serving his administrative detention and was not escorted to the appeal court;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 15/05/2019 was executed immediately. The applicant complained of the lack of suspensive effect of an appeal under the Code of Administrative Offences (CAO)
40514/21*
25/07/2021
Viktor Nikolayevich KOTOV
1993
Aleksandr Dmitriyevich Peredruk
St Petersburg
administrative detention of 5 days
26/01/2021,
Moscow City Court
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 22/01/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
54124/21*
22/10/2021
Ravil Marsovich SULEYMANOV
1990
Tural Akhmed ogly Ibragimov
Moscow
administrative fine of
RUB 20,000
22/04/2021, Moscow City Court
Art. 6 (3) (d) - examination/attendance of witnesses - The court refused to question in court police officers who arrested the applicant and on whose written statements his conviction of an administrative offence was based;
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting and detention at the police station on 31/01/2021 for the sole purpose of drawing upa record of arrest, detention for more than three hours.
14478/22*
07/02/2022
Ruslan Sergeyevich SHULGA
1992
administrative fine of
RUB 30,000, suspension of the driving licence for
1 year and 6 months
10/08/2021, Bureyskiy District Court of the Amur Region