ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
7
It is incumbent on the courts and other authorities to establish that there is a
campaigning aim in each case ... Thus, in view of the above statement of principle, the
impugned legislative provisions cannot be considered to have violated the applicant
organisation’s rights or freedoms ... Establishment of the specific circumstances
(whether or not the information provided by the applicant organisation concerned the
electoral campaign rather than the reporting on the candidate’s professional activity as
a governor) are beyond of the Constitutional Court’s competence ...”
II. RELEVANT DOMESTIC LAW AND PRACTICE
A. Review of decisions concerning administrative offences under the
CAO
1. Ordinary appeal procedure
24. Under the CAO, depending on the subject matter decisions
concerning administrative offences could be issued by a non-judicial
authority or a court (Chapter 23 of the CAO).
25. At the relevant time, Chapter 30 of the CAO contained provisions
concerning review of such decisions.
26. Review could be sought by the person or legal entity accused of the
administrative offence, the victim of the offence, or their representatives
(Article 30.1). If the decision on the administrative offence concerned a
legal entity or a person engaged in entrepreneurial activities, it was
reviewed by a commercial court according to the rules of commercial
procedure (Article 30.1).
27. An ordinary appeal against a decision on an administrative offence
could be lodged within ten days (or fifteen days, for some offences)
following receipt of the copy of the decision (Article 30.3). The appeal
should be examined within ten days (or within shorter periods, for some
offences) following receipt of the case file to the reviewing court or
authority (Article 30.5). The reviewing authority or court was not bound by
the scope of arguments and reviews in the case in its entirety (Article 30.6).
28. Article 30.10 gave a prosecutor a right to seek review of a decision
on an administrative offence, within the procedure and time-limits set in
Articles 30.1 – 30.3 of the CAO.
2. Supervisory review procedure
29. Until 20 December 2008, Article 30.11 of the CAO provided for
supervisory review of final court decisions taken in respect of administrative
offences. A regional prosecutor or his deputy, the Prosecutor General of the
Russian Federation or his deputy had a right to apply for such a review.
Pursuant to the ruling no. 5 of 24 March 2005 by the Plenary Supreme
Court of Russia, those prosecuted in administrative offences cases also had
a right to lodge a supervisory-review application (§ 34).