PEREVOZCHENKO AND OTHERS v. RUSSIA - 38671/21 (Article 11 - Freedom of assembly and association : Second Section Committee) [2024] ECHR 221 (14 March 2024)

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Cite as: [2024] ECHR 221

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SECOND SECTION

CASE OF PEREVOZCHENKO AND OTHERS v. RUSSIA

(Applications nos. 38671/21 and 21 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

14 March 2024

 

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


In the case of Perevozchenko and Others v. Russia,

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

 Lorraine Schembri Orland, President,
 Frédéric Krenc,
 Davor Derenčinović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 15 February 2024,

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 ("the Convention") on the various dates indicated in the appended table.


2.  The Russian Government ("the Government") 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 disproportionate measures taken against them as organisers or participants of public assemblies. They also raised other complaints under the provisions of the Convention.

THE LAW

  1. JOINDER OF THE APPLICATIONS


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

  1. JURISDICTION


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, §§ 68-73, 17 January 2023).

  1. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION


7.  The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies, namely their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. They relied, expressly or in substance, on Article 11 of the Convention.


8.  The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius and Others v. Lithuania [GC], no. 37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v. Turkey, no. 74552/01, ECHR 2006-XIV, and Hyde Park and Others v. Moldova, no. 33482/06, 31 March 2009).


9.  In the leading cases of Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, the Court already found a violation in respect of issues similar to those in the present case.


10.  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 as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicants' freedom of assembly were not "necessary in a democratic society".


11.  These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.

  1. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW


12.  Some applicants submitted other complaints which also raised issues under the Convention and its Protocols, 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 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible.


13.  Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocols in the light of its findings in Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, § 489, 7 February 2017, Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); Glukhin v. Russia, no. 11519/20, §§ 64-91, 4 July 2023, concerning unjustified processing of the applicant's personal biometric data by using highly intrusive facial recognition technology in administrative offence proceedings in order to identify, locate and arrest him; Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, and Tsvetkova and Others, cited above, §§ 178-88, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention.

  1. REMAINING COMPLAINTS


14.  Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative-offence proceedings. In view of the findings in paragraphs above, the Court considers that there is no need to deal separately with these remaining complaints.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


15.  Regard being had to the documents in its possession and to its case-law (see in particular Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 4 October 2022, and Glukhin, cited above, § 96), the Court finds it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

  1. Decides to join the applications;
  2. Holds that it has jurisdiction to deal with these applications as they relate to the facts that took place before 16 September 2022;
  3. Declares the complaints under Article 11 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention;
  4. Holds that these applications disclose a breach of Article 11 of the Convention;
  5. Holds that there has been a violation of the Convention and the Protocols thereto as regards the other complaints raised under the well-established case-law of the Court (see appended table);
  6. Holds

(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 14 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Lorraine Schembri Orland
 Acting Deputy Registrar President

 

 


APPENDIX

List of applications raising complaints under Article 11 of the Convention

(disproportionate measures against organisers and participants of public assemblies)

No.

Application no.

Date of introduction

Applicant's name

Year of birth

 

Representative's name and location

Name of the public event

Location

Date

Administrative offence

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established case-law

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

(in euros)[1]

  1.    

38671/21

15/07/2021

Ksenya Alekseyevna PEREVOZCHENKO

1991

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 15 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 1.30 p.m. on 31/01/2021 to 6.00 p.m. on 01/02/2021, hearing in the applicant's administrative-offence case; the applicant spent 2 hours in the police van,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 05/02/2021,

 

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

5,000

  1.    

54425/21

27/10/2021

Maksim Vladimirovich SHABALIN

2000

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

25/05/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 11.30 a.m. to 4.20 p.m. on 02/02/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 25/05/2021.

4,000

  1.    

55836/21

25/10/2021

Yegor Vyacheslavovich BESCHASTNOV

2002

Mamedova Yelena Anatolyevna

Samara

Rally "Free Navalnyy"

 

Samara

 

21/04/2021

article 20.2 § 5 of CAO

30 hours of community work

Samara Regional Court

20/07/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 21/04/2021, while the said record was only drawn up on 22/04/2021 when the applicant was released,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Samara Regional Court, 27/07/2021.

4,000

  1.    

55908/21

29/10/2021

Oleg Rifatovich KHUSAINOV

1986

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Irkutsk

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Irkutsk Regional Court

24/06/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Irkutsk Regional Court, 24/06/2021.

3,500

  1.    

6392/22

22/12/2021

Maksim Yuryevich KHALIMOVSKIY

1990

Semenov Daniil Aleksandrovich

St Petersburg

Rally "Free Navalnyy"

 

St Petersburg

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

St Petersburg City Court

22/06/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 22/06/2021.

3,500

  1.    

22019/22

13/04/2022

Yanus Yanusovich GREYNER

1994

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

17/11/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 10.45 a.m. to 6.00 p.m. on 31/01/2021,

 

 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 17/11/2021,

 

Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and his subsequent conviction (raised on appeal)

6,000

  1.    

22658/22

12/04/2022

Sergey Nikolayevich BOGATKO

1987

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

27/10/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 12.20 p.m. to 6.30 p.m. on 31/01/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 27/10/2021.

4,000

  1.    

23622/22

28/03/2022

Ilya Mikhaylovich GARTSEV

1986

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy

 

Moscow

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

29/10/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 9.00 a.m. to 12.30 p.m. on 18/05/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 29/10/2021,

 

Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and his subsequent conviction (raised on appeal).

6,000

  1.    

30530/22

31/05/2022

Mariya Sergeyevna KOLOKOLOVA

2001

Aksenova Darya Dmitriyevna

Kolomna

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

17/02/2022

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 17/02/2021.

3,500

  1.  

30537/22

31/05/2022

Viktor Aleksandrovich AMPILOV

1997

Aksenova Darya Dmitriyevna

Kolomna

Rally "Free Navalnyy"

 

Moscow

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

03/12/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 03/12/2021.

3,500

  1.  

35400/22

04/07/2022

Anton Yuryevich IVANOV

1987

Baranova Natalya Andreyevna

Moscow

Anti-war protest

 

Moscow

 

27/02/2022

article 20.2 § 8 of CAO

administrative detention of 30 days

Moscow City Court

04/03/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 6.30 p.m. on 27/02/2022 until 3.00 a.m. on 01/03/2022, hearing in the applicant's administrative-offence case; the applicant spent four and a half hours the police van,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 04/03/2022,

 

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

6,000

  1.  

35667/22

06/07/2022

Ivan Aleksandrovich OSIPOV

1998

Vasilchenko Olesya Anatolyevna

Minyar

Anti-war protest

 

St Petersburg

 

06/03/2022

article 20.2 § 6.1 of CAO

fine of RUB 10,000

St Petersburg City Court

12/04/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 3.10 p.m. on 06/03/2022 to 10.30 a.m. on 07/03/2022, hearing in the applicant's administrative-offence case,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 12/04/2022.

 

4,000

  1.  

36047/22

28/06/2022

Yuliya Viktorovna LEDOVSKAYA

1979

Usanova Olimpiada Valentinovna

Nizhniy Novgorod

Anti-war protest

 

Nizhniy Novgorod

 

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

27/04/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 7.40 p.m. on 24/02/2022 to 6.20 a.m. on 25/02/2022, hearing in the applicant's administrative-offence case,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 27/04/2022.

4,000

  1.  

36652/22

29/06/2022

Svetlana Aleksandrovna USHMODINA

2001

Baranova Natalya Andreyevna

Moscow

Anti-war protest

 

Moscow

 

24/02/2022

article 20.2 § 8 of CAO

administrative detention of 20 days

Moscow City Court

01/03/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 7.40 p.m. on 24/02/2022 to 2.20 p.m. on 25/02/2022, hearing in the applicant's administrative-offence case,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 01/03/2022,

 

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

6,000

  1.  

36667/22

16/07/2022

Yelena Aleksandrovna SLAVINSKAYA

1961

Baranova Natalya Andreyevna

Moscow

Meeting with deputy V. Rashkin

 

Moscow

 

20/09/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

25/01/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 3.00 p.m. to 6.05 p.m. on 20/09/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 25/01/2022,

 

Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and her subsequent conviction (raised on appeal).

6,000

  1.  

37092/22

22/07/2022

Vladislav Olegovich ROY

1996

 

 

Anti-war protest

 

Ufa

 

06/03/2022

article 19.3 § 1 of CAO

administrative detention of 1 day

Supreme Court of the Bashkortostan Republic

11/04/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 2.00 p.m. on 06/03/2022 to 2.15 p.m. on 07/03/2022, hearing in the applicant's administrative-offence case,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Bashkortostan Republic, 11/04/2022.

4,000

  1.  

41072/22

15/08/2022

Ayzhamal Akylbekovna BAYMURZAYEVA

1997

Baranova Natalya Andreyevna

Moscow

Anti-war protest

 

Krasnoyarsk

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnoyarsk Regional Court

11/05/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 3.30 p.m. to 6.30 on 06/03/2022, while the said record was drawn up only on 12/03/2022,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Krasnoyarsk Regional Court, 11/05/2022.

4,000

  1.  

45938/22

08/09/2022

Aleksey Nikolayevich VASILYEV

1988

 

 

Rally "Free Navalnyy

 

Moscow

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

11/05/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 11.15 a.m. to 07.15 p.m. on 26/04/2021, hearing in the applicant's administrative-offence case,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 11/05/2022.

4,000

  1.  

45941/22

10/09/2022

Rustem Gumyarovich BAKHITOV

1989

Lapuzin Aleksey Sergeyevich

Samara

Anti-war protest

 

Samara

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Samara Regional Court

12/05/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, detention in excess of 3 hours and without "exceptional circumstances", from 3.15 p.m. to 10.00 p.m. on 06/03/2022,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Samara Regional Court, 12/05/2022.

4,000

  1.  

47805/22

15/09/2022

Yelena Viktorovna MILUSHKINA

1995

Zinovyev Konstantin Mikhaylovich

Nizhniy Novgorod

Anti-war protest

 

Nizhniy Novgorod

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

25/05/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 3.10 p.m. on 06/03/2022 to 4.00 p.m. on 07/03/2022, hearing in the applicant's administrative-offence case,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhny Novgorod Regional Court, 25/05/2022.

4,000

  1.  

48114/22

14/09/2022

Nadezhda Vladimirovna BOLOBONINA

2002

Zinovyev Konstantin Mikhaylovich

Nizhniy Novgorod

Ant-war protest

 

Nizhniy Novgorod

 

06/03/2022

article 20.2 § 6.1 of CAO

fine of RUB 5,000

Nizhniy Novgorod Regional Court

25/05/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 3.10 p.m. on 06/03/2022 to 1.00 a.m. on 07/03/2022,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhny Novgorod Regional Court, 25/05/2022.

 

 

 

 

4,000

  1.  

48915/22

30/09/2022

Manuk Ayrikovich AKOPYAN

1996

Zinovyev Konstantin Mikhaylovich

Nizhniy Novgorod

Anti-war protest

 

Nizhniy Novgorod

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Nizhniy Novgorod Regional Court

01/06/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 3.10 p.m. on 06/03/2022 until 1.00 a.m. on 07/03/2022,

 

 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhny Novgorod Regional Court, 01/06/2022.

4,000

 

 


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


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