BOYKO AND KUKLYAK v. RUSSIA and 1 other application

Doc ref: 28852/20;51676/20 • ECHR ID: 001-213751

Document date: November 2, 2021

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BOYKO AND KUKLYAK v. RUSSIA and 1 other application

Doc ref: 28852/20;51676/20 • ECHR ID: 001-213751

Document date: November 2, 2021

Cited paragraphs only

Published on 22 November 2021

THIRD SECTION

Applications nos. 28852/20 and 51676/20 Sergey Sergeyevich BOYKO and Irina Mikhaylovna KUKLYAK against Russia and Anastasiya Valeryevna STARODUBOVSKAYA against Russia lodged on 25 June 2020 and 2 November 2020 respectively communicated on 2 November 2021

SUBJECT MATTER OF THE CASES

The applications concern searches of the applicants’ homes. The applicants were not the suspects of the criminal investigation within the framework of which the searches had been carried out.

COMMON QUESTION TO THE PARTIES

1. As regards the searches of the applicants’ homes, did the interference with the applicants’ right to respect for their private life, home and correspondence pursue a legitimate aim, was it “in accordance with law” and “necessary in a democratic society” as required by Article 8 of the Convention?

CASE SPECIFIC QUESTION

2. Application no. 51676/20 : Was the search performed in the present case, purportedly pursuant to Article 8 of the Convention, applied for a purpose other than those envisaged by that provision, contrary to Article 18 of the Convention (see Merabishvili v. Georgia [GC], no. 72508/13, §§ 287 ‑ 317, 28 November 2017 and, mutatis mutandis , Aliyev v. Azerbaijan , nos. 68762/14 and 71200/14, §§ 211-216, 20 September 2018)?

APPENDIX

Application no 28852/20

No.

Applicant’s Name

Year of birth

Nationality

Place of residence

1.Sergey Sergeyevich BOYKO

1974Russian

Oktyabrskiy, Moscow Region

2.Irina Mikhaylovna KUKLYAK

1984Russian

Balashikha, Moscow Region

Application no 51676/20

No.

Applicant’s Name

Year of birth

Nationality

Place of residence

1.Anastasiya Valeryevna STARODUBOVSKAYA

1995Russian

Moscow

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