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Судебное дело "Свердловское областное региональное отделение политической партии «Российская партия труда» против России (43724/05)"


Коммуникация по делу: факты (на английском)

 

10.05.2007

 

                                                            11 April 2007

                               FIRST SECTION

                          Application no. 43724/05

                      by SVERDLOVSK REGIONAL BRANCH OF

                    RUSSIAN LABOUR PARTY against Russia

                         lodged on 1 November 2005

                             Statement of Facts

   THE FACTS

   The applicant is the Sverdlovsk regional branch of the political party
   "Russian  Labour Party" (Свердловское областное региональное отделение
   политической   партии   <<Российская  партия  труда>>}  registered  in
   Yekaterinburg^1  on  19  September  2002. It is represented before the
   Court  by  Mr  R.  Kachanov  and  Mr  A. Burkov, lawyers practising in
   Yekaterinburg.

   A. The circumstances of the case

   The  facts  of  the  case,  as  submitted  by  the  applicant,  may be
   summarised as follows.

   On 20 March 2003 the Sverdlovsk Regional Department of the Ministry of
   Justice  ("the  Justice  Department")  notified  the  applicant  of  a
   forthcoming  inspection  and  asked it to produce documents confirming
   the number of members registered in the regional branch.

   The  applicant  submitted  the  members'  registration journal (журнал
   учёта   членов   отделения).  The  Justice  Department  insisted  that
   original individual applications for membership be produced.

   On  28  April  2003  the  Justice  Department  prepared the inspection
   report,  mentioning  the  fact that the applicant had not produced the
   requested  documents  confirming the number of its members, namely the
   applications for membership by individual citizens.

   On  21 November 2003 and 19 January 2004 the Justice Department issued
   warnings  to  the  applicant  regarding its failure to comply with the
   Political Parties Act. The warning of 19 January 2004 was subsequently
   annulled.

   The  applicant  contested  the warning of 21 November 2003 to a court,
   claiming  that  the  requirement to submit individual applications for
   membership  had  been  unlawful  because  they  contained confidential
   information about party members.

   SVERDLOVSK REGIONAL BRANCH OF RUSSIAN LABOUR PARTY v. RUSSIA -

                             TATEMENT OF FACTS

   On  3  March  2005  the  Kirovskiy  District  Court  of Yekaterinburg,
   presided over by Judge P., dismissed the applicant's claim, finding as
   follows:

   "The  Justice Department holds the view that the documents [confirming
   the number of members] include: individual applications for membership
   (section  23 of the Political Parties Act), minutes of meetings of the
   party  management  concerning  admission  of new members in accordance
   with  the  articles of association, and member registration documents.
   The  court  considers it possible to agree with that interpretation of
   [section 38] of the Political Parties Act...

   Although  the  court  accepts that whereas, by virtue of section 18 of
   the Political
   Parties  Act,  it  was  sufficient to submit a document confirming the
   number of members
   of  a political party (including the list and the minutes), section 38
   of the Political
   Parties  Act  - on the basis of which the inspection was conducted and
   the warning
   issued  - provides for an inspection of the party's activities carried
   out by way of
   studying   the  documents  confirming  the  number  of  members.  Such
   inspection must be
   periodic,  it  is  conducted  with  a view to establishing grounds for
   application of
   sections  39  to 42 of the Political Parties Act [governing suspension
   of activities and
   dissolution  of political parties]; otherwise, a political party, once
   established, would
   never be subject to liquidation [sic]. 

   Accordingly, the Justice Department was entitled - when conducting the
   inspection
   in  accordance with section 38 - to verify the existence of membership
   applications.
   Such  applications  were  to  indicate  all  the elements relevant for
   determining whether
   the person could be a member of the party (age, citizenship, residence
   in the region)
   and whether the requirements of section 23 were complied with.

   The regional branch wrongly considers that it was sufficient to submit
   the  members'  registration journal listing the names and addresses of
   party  members  and  dates  of  their  admission. The journal does not
   contain  information  on  the  passport details, citizenship or age of
   listed individuals or of their membership of other parties.

   In refusing to submit the membership applications, the regional branch
   referred  to  the  fact  that  they contained confidential information
   which  may  not  be lawfully disclosed. However, in their complaint to
   the Supreme Court of the Russian Federation, the regional branch wrote
   that  'each  membership application contains the following date: first
   and  last  names,  passport details, date and place of birth, place of
   residence,  contact  details',  that  is, the information described in
   section  23  of the Political Parties Act. If, acting in breach of the
   above  provision,  the  regional  branch  asked  potential  members to
   produce some other, truly confidential information, that may not serve
   as  a  ground  for  refusing to produce membership applications to the
   Justice  Department  for  the  inspection  in  accordance with section
   38..."

   The  applicant lodged an appeal. It submitted, in particular, that the
   claim  had  been  heard by Judge P. from the Leninskiy District Court,
   whereas  it  should  have  been  examined  by a judge of the Kirovskiy
   District Court,

   On  12 May 2005 the Sverdlovsk Regional Court dismissed the appeal. It
   noted  that  the  composition  of  the  District Court had been lawful
   because  on  1  March 2005 Judge P. had been seconded to the Kirovskiy
   District  Court  for  a  period  of  two  months. It also rejected the
   applicant's   argument  that  the  requirement  to  submit  membership
   applications  had  amounted to disclosure to confidential information,
   finding  that  submission  of information to an official authority for
   the purposes of a verification was acceptable.

   SVERDLOVSK REGIONAL BRANCH OF RUSSIAN LABOUR PARTY v. RUSSIA -

   STATEMENT OF FACTS

   B. Relevant domestic law

   The  Political  Parties  Act  (Federal  Law no. 95-FZ of 11 July 2001)
   provided at the material time as follows:

   Section  18.  Documents submitted for State registration of a regional
   branch of

                            the political party

   "1.  The  following documents must be submitted for State registration
   of a regional
   branch of the political party:

   (d)  a  certified  copy  of  the  minutes of the conference or general
   assembly  of  the  regional  branch,  indicating  the  number of party
   members in the regional branch..."

                Section 23. Membership of a political party

   "1. Membership of a political party shall be voluntary and individual.

   2. Citizens of the Russian Federation who attained the age of eighteen
   may  be  members  of  a  political  party. Foreign citizens, stateless
   persons,  and  Russian nationals who have been declared incapable by a
   judicial decision may not be members of a political party.

   3. Admission to membership of a political party is decided upon on the
   basis  of  a written application by the Russian Federation citizen, in
   accordance with the procedure set out in the articles of association.

   6.  A  Russian Federation citizen may hold membership of one political
   party  only.  A  member of a political party may be registered only in
   one regional branch..."

         Section 38. Inspection of activities of political parties

   "1.   Competent   authorities  exercise  control  over  compliance  by
   political  parties and their regional and structural branches with the
   Russian  Federation  laws,  as  well  as over the compatibility of the
   political  party's  activities with the regulations, aims and purposes
   set out in its articles of association.

   Competent authorities have the right:

   (a)  to study, on the annual basis, the documents of political parties
   and  their  regional  branches  confirming  the  existence of regional
   branches and the number of their members..."

   Section  39.  Suspension  of  functioning  of a political party or its
   regional branch

   "1.  If  a political party is in breach of the Constitution or federal
   laws,  the  competent  authority  issues a written warning listing the
   specific  breach and setting a time-limit, no shorter than two months,
   for  remedying  it.  If  the  breach has not been made good within the
   time-limit  and  the  warning  has  not  been  contested in court, the
   functioning  of  the  political  party  may be suspended for up to six
   months  by  a  decision of the Supreme Court of the Russian Federation
   made on an application by a competent authority..."

   SVERDLOVSK REGIONAL BRANCH OF RUSSIAN LABOUR PARTY v. RUSSIA

                                                       STATEMENT OF FACTS

   COMPLAINTS

   The  applicant  complains  under  Article 11 of the Convention that it
   received  a  formal  warning  for  its  failure to submit confidential
   information on its members. This might have had a "chilling effect" on
   potential  members  who  would  not  feel that their personal data was
   safe.

   The  applicant  complains  under  Article 6 of the Convention that the
   complaint  had  been heard by Judge P. from the Leninskiy Court rather
   than  by  a  judge  of the Kirovskiy Court and that the courts did not
   give  assessment  to  its  argument  about a violation of the right to
   freedom of association.


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15.05.2015г. распоряжением Минюста РФ СРОО "Сутяжник" включена в реестр иностранных агентов.