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05.10.2016 On October 4, 2016 the webinar on the ECHR case Karelin v. Russia was held in the framework of the series "Contemporary Constitutional and International Justice".

 

On October 4, 2016 the webinar on the ECHR case Karelin v. Russia was held in the framework of the series "Contemporary Constitutional and International Justice".

The trainer of the webinar is Grygory V. Vaypan, head of judicial practice of the Institute for Law and Public Policy. In 2014 he participated in the preparation of the complaint to the Russian Constitutional Court on the issue of the absence of a prosecutor in cases of administrative offenses. The court ruling of the Constitutional Court on the complaint, among other legal sources, was the basis for the ECHR to make a conclusion of the violation of the Convention in the case Karelin v. Russia.

As part of the webinar the ECHR judgment on the appeal Karelin v. Russia, issued September 20, 2016 was analyzed. For the first time the Court directly recognized that non-participation of the prosecutor or other official carrying out the maintenance of the prosecution in cases on administrative offenses calls into question the impartiality of the court and is incompatible with the right to a fair trial (Convention, Article 6). The court ordered Russia to take general measures to comply with the decision taken, including to amend the legislation and to ensure the participation of a prosecutor in cases of administrative offenses considered by courts of general jurisdiction.

Over the webinar the following issues were discussed:

- the practice of the courts to consider the cases of administrative offenses without the participation of a prosecutor: what is the violation of Article 6 of the Convention?

- the co-relation of the positions of the ECHR and the Constitutional Court of Russia on the issue of the absence of a prosecutor in cases of administrative offenses?

- the significance and possible effects of the ECHR judgment in the case Karelin v. Russia

Video of Webinar (in Russian)

You can see a brief video-commentary on the Order following the reference http://www.svoboda.org/a/28016931.html

To see the list of the ILPP webinars

To see the list of experts’ commentaries in Analytics

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