SAVVA TERENTYEV v. RUSSIA JUDGMENT
17
need be, with appropriate legal advice – that this could render him
criminally liable under the above-mentioned provision of the Criminal Code
(ibid., § 137). The Court recognises that in the area under consideration it
may be difficult to frame laws with absolute precision and that a certain
degree of flexibility may be called for to enable the Russian courts to assess
whether a particular action can be considered as capable of stirring up
hatred and enmity on the grounds listed in that Article (see Dmitriyevskiy
v. Russia, no. 42168/06, § 80, 3 October 2017, and the authorities cited
therein). It has consistently held that in any system of law, including
criminal law, however clearly drafted a legal provision may be, there will
inevitably be a need for interpretation by the courts, whose judicial function
is precisely to elucidate obscure points and dispel any doubts which may
remain regarding the interpretation of legislation (see, for instance, Öztürk,
cited above, § 55, and, mutatis mutandis, Jorgic v. Germany, no. 74613/01,
§ 101, ECHR 2007-III).
57. In this connection, the Court observes that the Government did not
adduce or refer to any practice of the national courts which would, at the
time when the applicant was tried and convicted, have interpreted the
notions referred to in Article 282 of the Russian Criminal Code to define
their meaning and scope with a view to giving an indication as to which
individuals or groups of individuals it had protected and what “actions”
could have resulted in criminal liability under that provision. The applicant,
in turn, pointed to a lack of relevant practice of the Russian courts (see
paragraph 42 above). Indeed, it was not before 2010-11, several years after
the applicant had been convicted at final instance, that the highest courts in
Russia addressed the problem with the interpretation of Article 282 of the
Criminal Code and provided at least some guidance in that connection for
the national courts (see paragraphs 31-32 above). At the same time, the
Court notes that the domestic courts’ interpretation of Article 282 in the
present case, to regard the police as a “social group” which could benefit
from the protection of the provision, does not conflict with the natural
meaning of the words.
58. Against this background, it appears that in the applicant’s criminal
case the domestic courts were faced with a legal issue which had not yet
been clarified through judicial interpretation. The Court recognises that they
cannot be blamed for that state of affairs, and that there will always be an
element of uncertainty about the meaning of a new legal provision until it is
interpreted and applied by the domestic courts (see Dmitriyevskiy, cited
above, § 82). As to the criteria applied by the courts in the applicant’s case,
this question relates rather to the relevance and sufficiency of the grounds
given by them to justify his conviction, and should be addressed in the
assessment of whether the interference with the applicant’s rights secured
by Article 10 of the Convention was necessary in a democratic society.