GLUKHIN v. RUSSIA JUDGMENT of the Russian Federation; and (d) obtaining information about property subject to confiscation (section 2 of the OSAA). 22. Audio and video-recording, photography, filming and other technical means may be used during operational-search activities, provided that they are not harmful to the life or health of those involved or to the environment (section 6-3 of the OSAA). 23. Operational-search activities may be conducted following receipt of information that an offence has been committed, is being committed or is being plotted, or about persons conspiring to commit, committing or having committed an offence if there are insufficient grounds for opening a criminal case (section 7-2(1) of the OSAA). 24. In its Ruling no. 86-O of 14 July 1998, the Constitutional Court held that section 7-2(1) of the OSAA should be read in conjunction with section 2 of the OSAA. The term “offence” mentioned in section 7-2(1) should therefore be interpreted as meaning a “criminal offence”. If it became clear during operational-search activities that the investigated offence was not classified as criminal, operational-search activities had to immediately be stopped. 25. Agencies performing operational-search activities may seize documents, objects, materials and communications (section 15-1 of the OSAA). III. COLLECTION OF EVIDENCE IN ADMINISTRATIVE-OFFENCE PROCEEDINGS 26. Chapter 26 of the CAO provides that documents, photographs, audio and video-recordings, databases, and other forms of data can be used in evidence in administrative-offence cases if they contain information that is relevant to the case. The person in charge of the case, be it a judge or another official, must take all the necessary steps to safeguard the evidence until the case is finished and then make a decision about its fate (Article 26.7). 27. The judge or other official in charge of an administrative-offence case may request any information necessary to resolve the case. This information must be submitted within three days of receiving the request. If the information cannot be provided, the organisation must notify the requesting judge or other official in writing within three days (Article 26.10). IV. POLICE POWERS 28. The Police Act (no. 3-FZ of 07 February 2011) provides that the police must take measures to detect, supress and investigate administrative offences within their competence (section 12-1(11)). They must also take measures to prevent, discover and supress extremist activities (section 12-1(16)). 5

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