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ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
30. If a supervisory-review judge had doubts about the lawfulness of the
impugned court decisions, he or she could request the case file and then
examine the case in its entirety, going beyond the grounds for review raised
by the author of the supervisory-review application (§ 34 of the ruling of
24 March 2005).
31. Supervisory review was to be carried out by the president of the
regional court or their deputies, and by the President of the Supreme Court
of Russia or her deputies. Reviewing this provision the Constitutional Court
of Russia stated that the reviewing court was to inform the person concerned
by the administrative offence proceedings about the application for review
lodged by the victim (decision no. 113-O of 4 April 2006 concerning the
constitutional interpretation of Article 30.11 of the CAO; this decision was
officially published in July 2006). The Constitutional Court also stated that
until legislative amendment of the CAO concerning the scope of review,
grounds for review, the reviewing courts’ powers, time-limits for seeking
review and the procedure for such a review, the reviewing courts were to be
guided by the relevant provisions of Chapter 36 of the Code of Commercial
Procedure.
32. Article 30.11 of the CAO was deleted in December 2008.
Article 30.12 provided that first-instance and appeal judgments which had
become final could be challenged by way of review before regional courts
and the Supreme Court of Russia. Apparently, the decision no. 113-O of
4 April 2006 was not applied by some regional courts (see decision
no. 4a10-790 of 31 August 2010 by the Chelyabinsk Regional Court, and,
a contrario, decision no. 4-a-854 of 24 November 2010 by the Rostov
Regional Court); some regional courts stated that this decision was no
longer applicable following the deletion of Article 30.11 of the CAO during
the legislative reform in December 2008 (see decision no. 4a10-1227 of
28 December 2010 by the Chelyabinsk Regional Court).
B. Activity of mass media outlets during election periods
1. Constitution of the Russian Federation
33. Under Article 29 of the Russian Constitution everyone has a right to
freedom of expression and a right to freely seek, receive, transfer, produce
or disseminate information, by any lawful means; the freedom of mass
information (свобода массовой информации) is also protected.
34. Russian citizens have a right to elect and to be elected to public
office and to participate in referendums (Article 32 of the Constitution).
35. Article 55 of the Constitution provides that rights and freedoms may
be restricted by a federal statute only in so far as this is necessary in order to
protect the foundations of the constitutional regime, morals, health, rights