ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
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discretionary power of the presidents of the regional courts to overrule
decisions by their judges dismissing such applications. In particular, the
Court criticised the maintaining of several consecutive judicial instances of
supervisory review at both regional and federal level, the existence of an
overall six-month time-limit open to differing interpretations, and not least
the powers of the President or Deputy President of the Supreme Court to
reverse any decision by a judge of the same court dismissing a supervisory
review application (see Martynets, cited above).
67. The Court has recently taken a different view concerning the
cassation appeal procedure in force since January 2012 under the Code of
Civil Procedure (see Abramyan and Others (dec.), nos. 38951/13 and
59611/13, 12 May 2015).
68. As to criminal proceedings, in Berdzenishvili, cited above, the Court
considered that an application for supervisory review under the Russian
Code of Criminal Procedure was not a remedy under Article 35 § 1 of the
Convention. The Court noted the absence of any time-limit for seeking and
carrying out such a review. Furthermore, if the Presidium of a Regional
Court dismissed a supervisory-review complaint it could be re-submitted to
the Supreme Court. Where a judge refused to transfer a supervisory-review
complaint to a supervisory-review court, the president of the court could
intervene and overrule the judge’s decision. Exercise of these rights was
also not subject to a time-limit. The Court subsequently confirmed this
approach (see, among others, Krasulya v. Russia, no. 12365/03, § 29,
22 February 2007).
69. Turning to the present case, the Court notes that the proceedings at
issue concerned administrative offences and were governed, as regards both
substance and procedure, by the provisions of the CAO, as in force before
legislative amendments in 2008.
70. The Court also notes that the applicant organisation lodged
supervisory-review complaints first before the Regional Court and then
before the Supreme Court of Russia. Both complaints were examined on the
merits and rejected.
71. First, the Court notes that under the CAO a prosecutor had the
competence to institute administrative offence proceedings for a number of
offences, but also had the right to institute administrative offence
proceedings in any other case. He could participate in the examination of
the case, could make representations, and could give a report on various
issues arising in the case. He could also appeal against the decision in the
case, irrespective of whether he had previously participated in the
proceedings. The CAO gave a regional prosecutor or his or her deputy, the
Prosecutor General or his or her deputy the right to seek supervisory review
of the decision on the administrative offence.
72. In the circumstances of the present case, the proceedings were
instituted by the Electoral Committee. The applicant organisation was the