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The Constitutional Court of the Russian Federation did not review the fine of 10,000 rubles issued to Muscovite Ivan Divilkovsky for participating in an uncoordinated rally back in 2014. It is reported by RBC.
The Court points out that there is no mechanism in Russian law for reviewing administrative cases following a decision by the European Court of Human Rights (ECtHR). The resolution of questions of interpretation and application of national legislation is the exclusive prerogative of the national authorities.
Therefore, the question of the possibility of revising court decisions that have entered into legal force on such a circumstance as the establishment by the ECtHR of a violation of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms should be considered by the court in the context of the violations identified, based on the actual circumstances of a particular case.
In September 2020, the ECHR recognized that the Tverskoy Court of Moscow, which fined Ivan Divilkovsky, violated the plaintiff’s right to freedom of assembly. The European Court awarded the protester 5,100 euros in compensation, as well as 850 euros in favor of his representative. Divilkovsky appealed to the Second Cassation Court of General Jurisdiction and the Supreme Court of Russia, but in February and August 2021, his complaints were denied.
Source: Rosbalt
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