KABLIS v. RUSSIA JUDGMENT
15
B. Merits
1. Submissions by the parties
46. The applicant submitted that Stefanovskaya Square was the main
square in the town of Syktyvkar, where historically many public events had
been held. It was large and closed to traffic, and was therefore perfectly
suitable for public events. In 2011 the Constitutional Court of the Komi
Republic had moved to the seventh floor of a building on that square;
thereafter, the town administration had prohibited the holding of public
events in Stefanovskaya Square altogether (see paragraphs 34 and 35
above). Referring to the Constitutional Court’s decision of 17 July 2007 (for
a summary of the domestic law provisions, see Lashmankin and Others,
cited above, § 254), the applicant argued that the perimeter of the zone in
the vicinity of the Constitutional Court of the Komi Republic was to be
determined on the basis of the land or urban planning register and had to be
objectively justified by the aim of ensuring the normal functioning of that
court. The Syktyvkar Town Administration’s decree determining the
perimeter of the zone in the vicinity of the Constitutional Court of the Komi
Republic (see paragraph 35 above) did not meet those criteria, in particular
because it provided for a zone covering a total area of about 51,800 sq. m
comprising several plots and parts of plots of land registered separately in
the urban planning register. Such a large perimeter was not necessary to
ensure the normal functioning of that court, which occupied several offices
on the seventh floor of an office building. Nor was it necessary to prohibit
the holding of public events in the vicinity of the court during periods when
it was not in session, as well as on weekends and public holidays. The
applicant submitted a list of twenty festive public events held in
Stefanovskaya Square in 2016, showing that the prohibition was not always
complied with.
47. The applicant further submitted that the location chosen by him had
been near, rather than within, Stefanovskaya Square; the prohibition
established by section 5 of Komi Republic Law no. 91-RZ (see paragraph
34 above), on which the town administration had relied, had not therefore
been applicable. Indeed, the domestic courts had relied on the town
administration’s decree no. 9/3483 (see paragraph 35 above), rather than on
that provision. That decree, however, was defective for the reasons
described in paragraph 46 above. The location chosen by the applicant had
been 160 m away from the perimeter of the zone in the vicinity of the
Constitutional Court of the Komi Republic, as it should have been
determined pursuant to the Constitutional Court’s ruling of 17 July 2007.
Lastly, the specially designated locations for holding public events proposed
by the town administration as an alternative to the location chosen by the
applicant had been remote and desolate, and therefore unsuitable.