GLUKHIN v. RUSSIA JUDGMENT
THE LAW
I. JURISDICTION
AND
CORRESPONDENCE
RESPONDENT GOVERNMENT
WITH
THE
41. The Court observes that the facts giving rise to the alleged violations
of the Convention occurred prior to 16 September 2022, the date on which
the Russian Federation ceased to be a Party to the Convention. The Court
therefore decides that it has jurisdiction to examine the present application
(see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others,
§§ 68-73, 17 January 2023).
42. In view of the Court’s continuing jurisdiction under Article 58 of the
Convention, Articles 38, 41 and 46 in particular, as well as the corresponding
provisions of the Rules of Court, continue to be applicable after 16 September
2022. The respondent Government’s abstention from further participation in
the proceedings does not release them from the duty to cooperate with the
Court and does not prevent the Court from continuing with the examination
of applications where it retains jurisdiction (see Ukraine and the Netherlands
v. Russia ((dec.) [GC], nos. 8019/16 and 2 others, §§ 435-39, 30 November
2022, and Svetova and Others v. Russia, no. 54714/17, §§ 29-31, 24 January
2023). The Court may draw such inferences as it deems appropriate from a
party’s failure or refusal to participate effectively in the proceedings
(Rule 44C of the Rules of Court).
43. The Court observes that it continues to use the electronic secured
Government website as the means of communication with the authorities of
the Russian Federation (see the Practice Direction on secured electronic filing
by Governments, issued by the President of the Court in accordance with
Rule 32 of the Rules of Court on 22 September 2008 and amended on
29 September 2014 and 5 July 2018) and in order to respect the adversarial
nature of the proceedings before it. The site remains secure and accessible to
the authorities of the respondent State.
II. EXHAUSTION OF DOMESTIC REMEDIES
44. Relying on Chigirinova v. Russia ((dec.), no. 28448/16, 13 December
2016), the Government submitted that the applicant had not exhausted
domestic remedies because he had not lodged a cassation appeal with the
Supreme Court.
45. The Court notes that Chigirinova (cited above) concerned proceedings
under the Code of Administrative Procedure, while the present case concerns
proceedings under the Code of Administrative Offences (“the CAO”). The
review/cassation appeal procedure provided for in the CAO is not an effective
remedy which needs to be exhausted (see Smadikov v. Russia (dec.),
17
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