6
KABLIS v. RUSSIA JUDGMENT
argument that it was impossible to hold the event was hypothetical and did not refer to
any valid reasons explaining why the locations proposed by [the town administration]
were incompatible with the public event’s purposes sought by the organisers and its
social and political significance.
The [district] court correctly held in the judgment that in accordance with Article 17
§ 3 of the Constitution of the Russian Federation, the enjoyment of one’s rights and
freedoms must not breach the rights and freedoms of others. Therefore, the holding of
a public event by some citizens must not create a situation where other citizens are
arbitrarily deprived of a possibility to enjoy their rights in accordance with the
established order and traditions.
There were therefore objective and sufficient reasons – explaining why it was
impossible to approve the location of the public event chosen by the organisers – for
the proposal to change the location with the aim of ensuring a balance between the
rights of the organisers and those of third persons.
[The town administration] did not omit to examine the request for approval of the
location of the public event and gave its reply to the complainant within the statutory
time-limit. The reply contained reasons explaining why it was impossible to hold the
public event at the chosen location and a well-reasoned proposal to change the
location. In the court’s opinion, the complainant’s constitutional rights and interests
were respected and there was no violation of Article 11 of [the Convention]
guaranteeing freedom of assembly, or of [the Public Events Act]. The law does not
guarantee the organiser of a public event an unconditional right to hold a public event
at the location which he considers the most relevant to its political and social
significance.
[The town administration] fulfilled its statutory obligation to propose an alternative
location for the public event that was compatible with its purposes. The locations
proposed were an adequate alternative to the chosen location and were in keeping
with its purposes.
The [district] court therefore correctly rejected the complaint.
The arguments set out in the appeal submissions are limited to a statement that the
contested decision of [the town administration] refusing to approve the location
chosen for the public event in Stefanovskaya Square had breached the complainant’s
rights to freedom of assembly, expression, conscience and religion. These arguments
are based on an incorrect assessment of the facts of the case and an incorrect
interpretation of the applicable legal provisions. They do not therefore warrant the
quashing of the [district] court’s judgment ...
The contested decision of [the town administration] was in accordance with [the
Public Events Act], was made within the municipal authorities’ powers and was in the
interests of ensuring public order, with the aim of preventing disorder, protecting
health and morality, and safeguarding the rights and freedoms of others. It did not
therefore breach the complainant’s rights.”
20. The applicant lodged a cassation appeal. He repeated his previous
arguments and added that public events were regularly held at the
crossroads of Lenin and Kommunisticheskaya streets.
21. On 19 July 2016 a judge of the Supreme Court of the Komi Republic
refused to refer the applicant’s cassation appeal to the Presidium of that