Lexploria

FOURTH SECTION

CASE OF BUZIN AND OTHERS v. RUSSIA

(Applications nos. 65015/19 and 20 others â€“

see appended list)

JUDGMENT

STRASBOURG

23 November 2023

This judgment is final but it may be subject to editorial revision.

In the case of Buzin and Others v. Russia,

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

Branko Lubarda , President , Armen Harutyunyan, Ana Maria Guerra Martins , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 2 November 2023,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (â€œthe Conventionâ€) on the various dates indicated in the appended table.

2. The Russian Government (â€œthe Governmentâ€) were given notice of the applications.

THE FACTS

3. The list of applicants and the relevant details of the applications are set out in the appended table.

4. The applicants complained of the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. Some applicants also raised other complaints under the provisions of the Convention and Protocols thereto.

THE LAW

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, Â§Â§ 68 â€‘ 73, 17 January 2023).

7. The applicants complained principally of the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative â€‘ offence proceedings. They relied, expressly or in substance, on Article 6 Â§ 1 of the Convention.

8. In the leading case of Karelin v. Russia, no. 926/08, 20 September 2016, the Court already found a violation in respect of issues similar to those in the present case. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints.

9. These complaints are therefore admissible and disclose a breach of Article 6 Â§ 1 of the Convention.

10. Some applicants submitted other complaints which also raised issues under the Convention and the Protocols thereto, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 Â§ 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention and the Protocols thereto in the light of its findings in Butkevich v. Russia , no. 5865/07, Â§Â§ 63-65, 13 February 2018; Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, Â§Â§ 115-31, 10 April 2018; Korneyeva v. Russia , no. 72051/17, Â§Â§ 34-36, 8 October 2019; and Teslenko and Others v. Russia , nos. 49588/12 and 3 others, Â§Â§ 72-74 and 81-82, 5 April 2022, concerning various aspects of unlawful deprivation of liberty, and Tsvetkova and Others , cited above, Â§Â§ 179-91, and Martynyuk v. Russia , no. 13764/15, Â§Â§ 38-42, 8 October 2019, concerning the lack of suspensive effect of an appeal in the administrative-offence proceedings.

11. In view of the above findings, the Court considers that there is no need to examine separately the applicantsâ€™ complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative offence proceedings.

12. Article 41 of the Convention provides:

â€œIf the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.â€

13. Regard being had to the documents in its possession and to its case â€‘ law (see, in particular, Kuratov and Others v. Russia [Committee], nos. 24377/15 and 2 others, 22 October 2019), the Court considers it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 23 November 2023, pursuant to Rule 77 Â§Â§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Branko Lubarda Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 Â§ 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

Applicantâ€™s name

Year of birth

Representativeâ€™s name and location

Penalty

Date of final domestic decision

Name of court

Other complaints under well-established case-law

Amount awarded for pecuniary and non â€‘ pecuniary damage and costs and expenses per applicant

(in euros) [1]

65015/19

05/12/2019

Konstantin Andreyevich

BUZIN

1978fine of RUB 15,000

28/08/2019, Moscow City Court

1,000

27436/21

27/04/2021

Denis Vladimirovich VASILENKO

1989Aleksey Valeryevich

Vlasov

Tula

administrative detention of 3 days

administrative detention of 8 days

27/10/2020,

Tula Regional Court

20/10/2021,

Tula Regional Court

1,000

29209/21

17/05/2021

German Aleksandrovich KOBYCHEV

1998Konstantin Aleksandrovich

Markin

Velikiy Novgorod

fine of RUB 5,000

19/11/2020, Tsentralnyy District Court of Sochi

1,000

1430/22

14/12/2021

Yevgeniy Aleksandrovich TOPOROV

1989fine of RUB 30,000

suspension of the driving licence for 1 year and 6 months

13/09/2021, Isakogorskiy District Court of Arkhangelsk

1,000

3175/22

24/12/2021

Sergey Vladimirovich GORLOV

1978Valeriy Viktorovich

Kanayev

Diveyevo

fine of RUB 30,000, suspension of the driving licence for 1 year and 6 months

27/07/2021, Ardatovskiy District Court of the Nizhniy Novgorod Region

1,000

3507/22

22/12/2021

Andrey Yuryevich PODKIDYSHEV

1960Andrey Yevgenyevcich

Shchukin

Nizhniy Tagil

fine of RUB 2,000,

administrative detention of 12 days

25/11/2021, Sverdlovsk Regional Court

03/03/2022, Sverdlovsk Regional Court

Art. 5 (1) - unlawful deprivation of liberty â€“ arrest and escorting to the police station on 18/11/2021, detention in excess of 3 hours

3,900

4501/22

10/01/2022

Dmitriy Olegovich MOREV

2001Ivan Yuryevich

Zhdanov

Vilnius

fine of RUB 10,000

31/08/2021, Voronezh Regional Court

Art. 5 (1) - unlawful detention - arrest and detention on 21/04/2021 for the sole purpose of drawing up a record of administrative offence

3,900

16125/22

26/02/2022

Vasiliy Aleksandrovich KOCHKIN

1988Valeriy Viktorovich

Kanayev

Diveyevo

fine of RUB 30,000,

suspension of the driving licence

15/02/2022, Diveyevskiy District Court of the Nizhniy Novgorod Region

1,000

24461/22

05/03/2022

Ruslan Gennadyevich OVSYANNIKOV

1983fine of RUB 1,000

02/11/2021,

Saratov Regional Court

1,000

29895/22

06/05/2022

Sergey Vladimirovich SHESHENIN

1970Valeriy Viktorovich

Kanayev

Diveyevo

fine of RUB 30,000

suspension of driving licence for

1 year and

6 months

26/04/2022, Diveyevskiy District Court of the Nizhniy Novgorod Region

1,000

30994/22

08/06/2022

Aleksandr Anatolyevich PRIKHOZHDENKO

1993Timofey Borisovich

Ushakov

Kokoshkino

fine of RUB 30,000,

suspension of the driving licence for

1 year and 6 months

09/12/2021, Moscow City Court

1,000

32764/22

11/06/2022

Aleksandr Anatolyevich RYBKOV

1974Aleksey Borisovich

Vologin

Volsk

suspension of the driving licence for

1 year

21/01/2022, Shchelkovskiy District Court of the Moscow Region

1,000

34291/22

30/06/2022

Aleksandr Yevgenyevich AKIMOV

1995Aleksandr Yevgenyevich

Ushakov

Kokoshkno

fine of RUB 30,000,

suspension of the driving licence for

1 year

02/03/2022, Butyrskiy District Court of Moscow

1,000

36331/22

18/07/2022

Grigoriy Vladimirovich ALEYNIKOV

1988Anna Yevgenyevna

Bochilo

Barnaul

administrative detention of 10 days

21/03/2022, St Petersburg City Court

Art. 5 (1) - unlawful detention - arrest and detention on 27/02/2022 in excess 3 hours for the sole purpose of drawing up a record of the administrative offence, the applicant was released on the following day;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 16/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the Code of Administrative Offences (CAO).

3,900

38591/22

07/07/2022

Mariya Vladimirovna KRIVENKO

1989Irina Vladimirovna

Gak

Rostov-on-Don

administrative detention of 10 days

11/03/2022,

Rostov Regional Court

Art. 5 (1) - unlawful detention - arrest and detention on 06/03/2022 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, the applicant was released on the following day,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 07/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

3,900

38786/22

25/07/2022

Aleksandr Aleksandrovich GONCHARUK

1981fine of RUB 30,000, suspension of the driving licence for

1 year and

6 months

25/01/2022, Bureyskiy District Court of the Amur Region

1,000

39360/22

22/07/2022

Viktor Yevgenyevich YASINOVSKIY

1989Aleksey Borisovich

Vologin

Volsk

fine of RUB 30,000,

suspension of the driving licence for

1 year and

8 months

19/05/2022, Bazarno-Karabulakskiy District Court of the Saratov Region

1,000

39365/22

22/07/2022

Andrey Viktorovich GALKIN

1983Aleksey Borisovich

Vologin

Volsk

fine of RUB 30,000,

suspension of the driving licence for

1 year and

7 months

18/04/2022,

Volsk District Court of the Saratov Region

1,000

45216/22

05/09/2022

Anastasiya Yevgenyevna AGEYEVA

1998Vladimir Sergeyevich

Nemanov

Moscow

administrative detention of 15 days

05/05/2022,

Moscow City Court

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 29-30/04/2022 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence

3,900

50884/22

15/10/2022

Dmitriy Aleksandrovich BOBOSHKO

1985fine of RUB 30,000,

suspension of the driving licence for

1 year and

7 months

12/07/2022,

Volsk District Court of the Saratov Region

1,000

1412/23

22/12/2022

Nikolay Aleksandrovich TISHKIN

1985Aleksey Borisovich

Vologin

Volsk

fine of RUB, 30,000, suspension of the driving license for

1 year and

6 months

15/09/2022, Military Court of the Central Circuit

1,000

[1] Plus any tax that may be chargeable to the applicants.

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CASE OF BUZIN AND OTHERS v. RUSSIA

CASE OF BUZIN AND OTHERS v. RUSSIA

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