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Case of Salov v. Ukraine

Case of Salov v. Ukraine

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Published by Viktor Ageyev

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Categories:Types, Business/Law
Published by: Viktor Ageyev on Mar 20, 2011
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CONSEILDE L’EUROPECOUNCILOF EUROPECOUREUROPÉENNE DESDROITS DE L’HOMMEEUROPEAN COURTOF HUMANRIGHTS
SECOND SECTION
CASE OF SALOV v. UKRAINE
(Application no. 65518/01)
JUDGMENTSTRASBOURG6 September 2005
FINAL
06/12/2005
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
 
SALOV v. UKRAINE JUDGMENT 1
In the case of Salov v. Ukraine,
The European Court of Human Rights (Second Section), sitting as aChamber composed of:Mr J.-P. C
OSTA
, President,Mr I. C
ABRAL
B
ARRETO
,Mr R. T
ÜRMEN
,Mr K. J
UNGWIERT
,Mr V. B
UTKEVYCH
,Mr M. U
GREKHELIDZE
,Mrs A. M
ULARONI
, judges,and Mr S. N
AISMITH
,
Deputy Section Registrar 
,Having deliberated in private on 22 March 2005 and on 5 July 2005,Delivers the following judgment, which was adopted on thelast-mentioned date:
PROCEDURE
1. The case originated in an application (no. 65518/01) against Ukrainelodged with the Court under Article 34 of the Convention for the Protectionof Human Rights and Fundamental Freedoms (“the Convention”) by aUkrainian national, Mr Sergey Petrovich Salov (“the applicant”), on26 January 2000.2. The applicant was represented by Mr V. Ageyev and Mr A. Fedur,lawyers practising in Ukraine, and by Mr S. Dunikowski, a lawyer practising in Nanterre. The Ukrainian Government (“the Government”)were represented by their Agents, Mrs Z. Bortnovska, succeeded byMrs V. Lutkovska.3. The applicant alleged under Article 5 § 3 of the Convention that hehad not been brought promptly before a judge or other judicial authority inorder to have his arrest reviewed. The applicant also complained that hisright to a fair trial, including the principles of the “rule of law” and “legalcertainty”, had been infringed, since the Presidium of the Regional Courthad set aside the resolution of the District Court of 7 March 2000 by whichhis case had been remitted for an additional investigation. He alleged abreach of Article 6 § 1 of the Convention. Relying on Article 10 of theConvention, the applicant complained of an infringement of his right toreceive and impart information. In particular, he complained that he did notknow whether the information about the death of the candidateMr Leonid D. Kuchma published in an issue of the
Holos Ukrayiny
newspaper 
(газета
Голос України
”) was genuine as he was not sure aboutthe latter's state of health. He asserted that under no circumstances shouldthe communication of such information to a third party be punishable byfive years' imprisonment. He also complained that he had been detained for 
 
2 SALOV v. UKRAINE JUDGMENT
eleven days in the Donetsk Pre-Trial Detention Centre and that his licenceto practise as a lawyer had been withdrawn.4. The application was allocated to the Second Section of the Court(Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber thatwould consider the case (Article 27 § 1 of the Convention) was constitutedas provided in Rule 26 § 1.5. In a decision of 27 April 2004 the Court declared the applicationpartly admissible.6. The applicant and the Government each filed observations on themerits (Rule 59 § 1).7. On 1 November 2004 the Court changed the composition of itsSections (Rule 25 § 1). This case was assigned to the newly composedSecond Section (Rule 52 § 1).8. A hearing took place in public in the Human Rights Building,Strasbourg, on 22 March 2005 (Rule 59 § 3).There appeared before the Court:(a)
for the Government 
Mrs V. L
UTKOVSKA
, Deputy Minister of Justice,
Agent 
,Ms O. B
ARTOVSCHUK 
, Head of Division, Office of the Government'sAgent,Ms T. T
OTSKA
, Deputy Head of Division, Ministry of Justice,
Counsel 
;(b)
for the applicant 
Mr S. S
ALOV
,
Applicant 
,Mr V. A
GEYEV
,
Counsel 
,Mr A. F
EDUR 
,Mr S. D
UNIKOWSKI
,
Advisers
.9. The Court heard addresses by the applicant himself, Mr Ageyev andMrs Lutkovska.
THE FACTS
10. The applicant is a Ukrainian national who was born in 1958 andcurrently resides in Donetsk. He is a lawyer practising in Ukraine.I. THE CIRCUMSTANCES OF THE CASE
A. Criminal proceedings in the applicant's case
11. On 31 July 1999 the Central Electoral Commission registered theapplicant as the representative of a candidate for the presidency of Ukraine,

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