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)).
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