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PRIVEZENTSEV v. RUSSIA

Doc ref: 29131/14 • ECHR ID: 001-177241

Document date: August 30, 2017

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PRIVEZENTSEV v. RUSSIA

Doc ref: 29131/14 • ECHR ID: 001-177241

Document date: August 30, 2017

Cited paragraphs only

Communicated on 30 August 2017

THIRD SECTION

Application no. 29131/14 Maksim Vyacheslavovich PRIVEZENTSEV against Russia lodged on 31 March 2014

SUBJECT MATTER OF THE CASE

Freedom of expression . The applicant is a former president of an association of co-owners of a block of flats ( товарищество собственников жилья ). His successor, Ms Z., was removed from her post by a decision of the general assembly after it had been discovered that she had wasted a large amount of the association ’ s funds. Ms Z. blamed the applicant for her removal and, using her friendship with the deputy police minister ’ s wife, refused to surrender the keys and the association ’ s seal and secured the intervention of the high-ranking police officials in large numbers. The applicant sent a letter to the Russian President to complain about the deputy minister ’ s misuse of his official position in support of his wife ’ s friend in a civil dispute. The deputy minister retaliated with criminal proceedings on the charge of false denunciation. The applicant was found guilty and sentenced to a fine (final decision: Moscow City Court, 21 November 2013).

QUESTIONS tO THE PARTIES

As regards the applicant ’ s conviction, was there a violation of Article 10 of the Convention? In particular, did the courts apply the requirements of protection under Article 10 of the Convention weighed in the light of the applicant ’ s right to notify competent State officials about the conduct of civil servants which to them appears irregular or unlawful (see Medžlis Islamske Zajednice Brčko and Others v. Bosnia and Herzegovina [GC] , nos. 17224/11, § 82, 27 June 2017, and the case-law cited therein)? Did the courts take into account the findings of the inquiry into the applicant ’ s complaint? Was the criminal sanction proportionate to the legitimate aim that was pursued?

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