8
KABLIS v. RUSSIA JUDGMENT
were incompatible with public order. The restriction on access to
information containing such calls pursued the aim of preventing more
serious violations of public order.
26. On 31 January 2017 a judge of the Supreme Court of the Russian
Federation refused to refer the applicant’s cassation appeal for consideration
by the Civil Chamber of the Supreme Court, finding that no significant
violations of substantive or procedural law had influenced the outcome of
the proceedings.
II. RELEVANT DOMESTIC LAW
A. Procedure for the notification and conduct of public events
27. For a summary of the domestic provisions on the procedure for the
notification and conduct of public events, on relevant judicial review
procedures and on the liability for breaches committed in the course of
public events, see Lashmankin and Others (cited above, §§ 216 - 312).
28. The applicable domestic provisions have since been interpreted by
the Supreme Court as follows.
29. Plenary Supreme Court Ruling no. 28 of 26 June 2018 deals with the
application of legislation governing public events during judicial
examination of administrative complaints and administrative-offence cases.
It provides that a refusal to approve a public event, its location or time or the
manner in which it is to be conducted may be challenged before a court
either by the event organiser or by a person appointed by the organiser to
fulfil certain organisational tasks (point 2). When examining such
administrative complaints, the courts have to examine whether the
interference by a public authority with the right to freedom of public
assembly was lawful, necessary and proportionate to a legitimate aim. The
courts must examine all the grounds advanced by the public authority and
all the evidence submitted by it and assess whether the reasons for the
interference were relevant and sufficient (point 9). Furthermore, Ruling
no. 28 provides that the courts must verify whether the proposal to change
the location or time of a public event or the manner of conducting it was
made within the three-day statutory time-limit. Failure to comply with that
time-limit means that the public event must be considered to be approved by
default (point 10).
30. Ruling no. 28 also provides that the courts must take into account
that a proposal to change the location or time of a public event or the
manner in which it is to be conducted must not be arbitrary or unreasoned.
They must mention specific facts showing that public interest considerations
make it manifestly impossible to hold the public event at the chosen
location or time. Such public interests may include: normal functioning of
essential public utilities, social and transport infrastructure and