ANDREYEV v. RUSSIA and 24 other applications
Doc ref: 26870/19, 50285/19, 576/20, 773/20, 5278/20, 6963/20, 13020/20, 11456/21, 13203/21, 20575/21, 23083/... • ECHR ID: 001-224264
Document date: March 30, 2023
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Published on 24 April 2023
SECOND SECTION
Application no. 26870/19 Sergey Yuryevich ANDREYEV against Russia and 24 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 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 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
26870/19*
08/05/2019
Sergey Yuryevich ANDREYEV
1977suspension of driving licence, for 1 year
22/11/2018,
Leninskiy District Court of Tula Region
50285/19*
10/09/2019
Ivan Mikhaylovich KASHNIKOV
1978Andrey Pavlovich Mitrofanov
Gornyak
administrative fine of RUB 30,000, suspension of driving licence for 1 year and 6 months
17/05/2019,
Loktevskiy District Court of Gornyak
576/20*
14/12/2019
Aleksandr Vladimirovich ROMANOV
1982Aleksey Borisovich Vologin
Volsk
administrative fine of RUB 30,000,
administrative fine of RUB 30,000, suspension of driving licence, 1 year 6 months
31/07/2020,
Volskiy District Court of Saratov Region
06/12/2019,
Volskiy District Court of Saratov Region
773/20*
10/12/2019
Andrey Vasilyevich YELKHOV
1970Aleksey Borisovich Vologin
Volsk
administrative fine of RUB 30,000, suspension of driving licence for 1 year
10 months
02/12/2019,
Volskiy District Court of Saratov Region
5278/20*
31/12/2019
Kristina Valeryevna OGANYAN
1995Aleksey Borisovich Vologin
Volsk
administrative fine of RUB 30,000, suspension of driving licence for 1 year
8 months
20/12/2019,
Volskiy District Court of the Saratov Region
6963/20*
28/01/2020
Kamil Danilevich RAKHIMOV
1994Lawyers of former Memorial Human Rights Centre
Moscow
administrative detention of 10 days
06/08/2019,
Moscow City Court
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 27/07/2019 the applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee],
nos. 50271/06 and 8 other applications, § 35, 2 July 2019), Detention as an administrative suspect: beyond the 48-hour statutory period (Art. 27.5(3)-(4) and Art. 29.6(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018),
Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and
5 others, §§ 121-22, 10 April 2018)
13020/20*
25/02/2020
Sergey Vladimirovich LATYSHEV
1985Andrey Olegovich Valenkov
Nizhniy Novgorod
administrative fine of RUB 350,000
30/10/2019,
Nizhniy Novgorod Regional Court
11456/21*
29/01/2021
Vladimir Mikhaylovich MITROFANOV
1999administrative fine of RUB 30,000
29/07/2020,
Angarsk Town Court of the Irkutsk Region
13203/21*
13/02/2021
Oleg Yuryevich ADAYEV
1974Aleksey Borisovich Vologin
Volsk
administrative fine of RUB 30,000
29/01/2021,
Volsky District Court of the Saratov Region
20575/21*
15/03/2021
Ruslan Nikolayevich UKHANOV
1981Yevgeniy Valeryevich Kulakov
Arkhangelsk
administrative fine of RUB 1,000
12/02/2021,
Solombalskiy District Court of Arkhangelsk
23083/21*
12/04/2021
Vladimir Vladimirovich BARABANOV
1967Aleksandr Yevgenyevich Pomazuyev
Vilnius
administrative fine of RUB 10,000, administrative fine of RUB 1,000
16/03/2021,
Bryansk Regional 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 for the sole purpose of drawing up a record of administrative offence. The applicant was arrested on 31 January 2021 and was brought to the police station
24870/21*
18/04/2021
Dmitriy Valeryevich YEGOROV
1981Innokentiy Valeryevich Yegorov
Yakutsk
administrative fine of RUB 30,000, suspension of driving licence for 1 year and 6 months
19/10/2020,
Yakutsk Town Court, Republic of Sakha (Yakutiya)
27156/21*
05/05/2021
Fakhrad Sardarovich SHISHKOV
1972Nikolay Sergeyevich Zboroshenko
Mytishchi
administrative fine of RUB 30,000, suspension of driving licence for 18 months
17/11/2020,
Khoroshevskiy District Court of Moscow
32129/21
31/05/2021
Yuriy Sergeyevich LOBUREV
1987Andrey Olegovich Valenkov
Nizhniy Novgorod
suspension of driving licence, administrative fine of RUB 30,000
01/12/2020,
Kanavinskiy District Court of Nizhniy Novgorod
34968/21*
15/06/2021
Denis Mikhaylovich BAKUSHIN
1982administrative fine of RUB 30,000, suspension of driving licence for 1 year and 8 months
28/05/2021,
Konoshskiy District Court of the Astrakhan Region
34983/21
30/06/2021
Sergey Viktorovich ASTAKHIN
1967administrative fine of RUB 5,000
02/03/2021,
Kirishi Town Court, Leningrad Region
36848/21*
05/07/2021
Andrey Vasilyevich PODPASKOV
1985administrative fine of RUB 30,000, suspension of driving licence 1 year
6 months
04/06/2021,
Zavodskoy District Court of Saratov
43821/21*
12/08/2021
Marina Viktorovna ROMANOVA
1984administrative fine of RUB 30,000, suspension of driving licence one year and
8 months
12/02/2021,
Tushinskiy District Court of Moscow
44368/21*
17/08/2021
Aleksey Yuryevich LOGUNOV
1990Yevgeniy Maksimovich MARTYNOV
2000Nikolay Sergeyevich Zboroshenko
Mytishchi
administrative fine of RUB 10,000, to each applicant
16/04/2021,
Moscow City Court
Art. 5 (1) - unlawful deprivation of liberty - applicants were taken to the police station on 31/01/2021 as administrative suspects: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspects’ identity;
detention as administrative suspects on 31/01/2021 beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO)
44387/21*
16/08/2021
Aleksandr Mikhaylovich BORISOV
1990administrative fine of RUB 30,000, suspension of driving licence for 2 years
12/08/2021,
Shipunovsky District Court of the Altay Region
45000/21*
21/08/2021
Dmitriy Anatolyevich ROMANOV
1976Aleksey Borisovich Vologin
Volsk
suspension of driving licence for a year and 6 months, administrative fine of RUB 30,000
18/08/2021,
Volsk District Court of the Saratov Region
50265/21*
27/09/2021
Mikhail Yulianovich SELITSKIY
1994administrative detention of 5 days
29/03/2021,
Rostov Regional Court
51716/21*
01/10/2021
Vladimir Vladimirovich PALYULIN
1984Oksana Gennadyevna Olgerdt
Moscow
administrative detention of 12 days
02/04/2021,
Moscow City Court
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019), Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019)
54386/21
08/10/2021
Rostislav Sergeyevich DEDYUK
1972suspension of a hunting licence for
12 months
14/04/2021,
Kirov Town Court of the Leningrad Region
54842/21*
16/10/2021
Konstantin Aleksandrovich ARKHANGELSKIY
1979Aleksey Borisovich Vologin
Volsk
administrative fine of RUB 30,000, suspension of driving licence for 1 year
6 months
29/09/2021,
Balakovskiy District Court of the Saratov Region