Published on 27 March 2023
SECOND SECTION
Application no. 711/18
Sergey Vladimirovich POPOV against Russia
and 9 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 March 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 the complaints raised under Article 6 § 1 of the Convention relating to the 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/registration
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under well-established case-law
711/18*
08/12/2017
Sergey Vladimirovich POPOV
1971
Aleksandr Dmitriyevich Peredruk
St Petersburg
administrative detention of 5 days
administrative fine of RUB 10,000
16/06/2017,
St Petersburg City Court
21/06/2017,
St Petersburg City Court
Art. 5 (1) - unlawful detention - arrest and detention on 12-14/06/2017 for the sole purpose of drawing up a record of administrative offence
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
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - convicted twice for participation in one public event
22829/18*
08/05/2018
Vasiliy Yuryevich ZHIRKEVICH
1956
Memorial Human Rights Centre
Moscow
administrative fine of RUB 10,000
30/03/2018, Moscow City Court
Art. 5 (1) - unlawful detention - arrest and detention for more than 3 hours on 12/06/2017 for the sole purpose of drawing up a report
12299/19*
23/01/2019
Fedor Vladimirovich YARUNICHEV
1972
Yevgeniy Valeryevich Kulakov
Arkhangelsk
administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 9 months
26/12/2018, Solombalskiy District Court of Arkhangelsk
52429/19*
27/09/2019
OOO SK IVIKON
2005
Artem Vyacheslavovich Syntin
Omsk
administrative fine of RUB 100,000
administrative fine of RUB 200,000
12/04/2019, Kirovskiy District Court of Omsk
30/04/2019, Omskiy District Court of the Omsk Region
59586/19*
05/11/2019
Boris Pavlovich USHAKOV
1983
Natalya Vladimirovna Korchuganova
Moscow
administrative detention of 5 days
09/05/2019, Leninskiy District Court of Vladimir
16523/20*
14/03/2020
Dmitriy Aleksandrovich LYSENKO
1982
Natalya Andreyevna Balog
Krasnoyarsk
administrative fine of RUB 15,000
16/09/2019, Moscow City Court
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27/07/2019 for the sole purpose of drawing up a record of administrative offence
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
17825/20
30/03/2020
Oleg Aleksandrovich MOROZOV
1990
Aleksandr Yevgenyevich Pomazuyev
Vilnius
administrative fine of RUB 15,000
28/11/2019, Moscow City Court
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27/07/2019 for the sole purpose of drawing a record of administrative offence
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
21258/20*
12/05/2020
Stepan Yegorovich PAZENKO
1995
Anastasiya Nikolayevna Sirotina
Moscow
administrative fine of RUB 10,000
12/11/2019, Moscow City Court
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27/07/2019 for the sole purpose of drawing a record of administrative offence, the applicant raised his complaint in the course of the proceedings against him
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
21471/20*
27/04/2020
Vladimir Gennadyevich DERYABIN
1986
Roman Filippovich Ustinov
Moscow
administrative fine of RUB 30,000,
suspension of the driving licence for 1 year and 6 months
27/11/2019, Babushkinskiy District Court of Moscow
22068/20*
17/04/2020
Yekaterina Vasilyevna KRASNOVA
1990
Roman Filippovich Ustinov
Moscow
administrative fine of RUB 30,000,
suspension of the driving licence for 1 year and 6 months
23/10/2019, Tushinskiy District Court of Moscow