KABLIS v. RUSSIA JUDGMENT
17
aims under paragraph 2 of Article 11, and was “necessary in a democratic
society” for the achievement of the aim or aims in question (see Kudrevičius
and Others v. Lithuania [GC], no. 37553/05, § 102, ECHR 2015).
51. The Court notes that the domestic authorities relied on two legal
provisions prohibiting public events at the location chosen by the applicant:
while the town administration relied on a regional law prohibiting public
events in Stefanovskaya Square in Syktyvkar (see paragraphs 9 and 34
above), the domestic courts referred to the town administration’s decree
delimiting the perimeter of the zone in the immediate vicinity of the
Constitutional Court of the Komi Republic (see paragraphs 17 and 35
above), where the holding of public events was prohibited by section 8 of
the Public Events Act (see, for a summary of the domestic law, Lashmankin
and Others, cited above, §§ 223-25).
52. As regards the domestic courts’ finding that the location chosen by
the applicant had been in the immediate vicinity of the Constitutional Court
of the Komi Republic, the Court has already found that the general ban
under section 8 of the Public Events Act on holding public events in the
vicinity of court buildings is incompatible with Article 11 § 2, taking into
account its absolute nature coupled with the local executive authorities’
wide discretion in determining what is considered to be “in the immediate
vicinity” (see Lashmankin and Others, cited above, §§ 431-42). The Court
does not see any reason to reach a different conclusion in the present case.
The refusal to approve the location chosen by the applicant for his public
event by reference to the fact that it was to be held in the vicinity of the
Constitutional Court of the Komi Republic could not, therefore, be regarded
as being “necessary in a democratic society” within the meaning of
Article 11 § 2 of the Convention.
53. As regards the town administration’s reference to a regional law
prohibiting public events in Stefanovskaya Square, the main square in
Syktyvkar, the Court notes that since 2012 the Public Events Act allows the
regional legislatures to designate other locations – in addition to the
locations mentioned in section 8 of the Public Events Act – where public
events are prohibited if they might interfere with the normal functioning of
public utility services, transport, social or communications services, or
hinder the passage of pedestrians or vehicles or the access of citizens to
residential buildings, transport or social facilities (see, for a summary of the
domestic law provisions, Lashmankin and Others, cited above, § 247). The
Court has already found that those reasons, although relevant, are not in
themselves sufficient to justify a proposal to change the location of a public
event (see Lashmankin and Others, cited above, §§ 421 and 423). This
finding applies a fortiori to a general ban on holding public events at a
certain location by reference to those reasons.
54. The Court reiterates in this connection that a State can, consistently
with the Convention, adopt general measures which apply to pre-defined