The European court of human rights (ECHR) has awarded €10 thousand site owners “Face.PY”, “Kasparov.Ru”, “Daily journal”, the online library Digital-books.ru and website Razumei.ru for their illegal blocking by Roskomnadzor. In Russia the plaintiffs lost all courts. Lawyers say that the decision of the ECHR open the possibility of revision of Affairs in Russia, and the prospects of obtaining the money is quite real. But in matters with a political aspect, the situation may be more difficult, and the impact of the ECHR — is minimal.The ECtHR upheld the complaint of the owners of five sites blocked by Roskomnadzor in 2012-2014, it follows from the judgments of the court. One of the decisions rendered in the case of OOO Flavus” and others versus Russia”, which addressed the blocking of sites “Facet.PY”, “Kasparov.ru” and “Daily journal”. They are blocked by Roskomnadzor on the request of the Prosecutor General in early 2014 for calls for participating in the unapproved mass actions on the basis of which entered into force in 2014, amendments to the law “On information” (the so-called law of the meadow).The court declared illegal and blocked site, Evgeny Bulgakov Razumei.ru by awarding him €10 thousand compensation and €91 for legal costs.In addition, the ECtHR awarded to the Director of the Association of Internet publishers Vladimir Kharitonov €12 thousand for the illegal blocking by Roskomnadzor for its online library, said legal analyst “Agora” Damir Gainutdinov representing the interests of Mr. Kharitonov in the ECHR. The amount of the payment is composed of €10 thousand compensation for moral damage and €2 thousand for legal expenses. To pay money the Ministry of justice, suggests Vladimir Kharitonov, but there is still time to appeal the decision of the court in the Grand chamber of the ECHR.Internet library Digital-books.ru created by Vladimir Kharitonov, the Roskomnadzor blocked in 2012: this resource was located on the same IP address as the site Rastamantales.ru lock demanded by the Federal service for control over drug trafficking. The mechanism works so that Digital-books.ru was blocked.The case went to the constitutional court, which also found no violation because the Roskomnadzor acted within its competence. However, after the trial of the complaint of Roskomnadzor Vladimir Kharitonov exclude his site from the registry is prohibited. “B” sent a request to Roskomnadzor.Complaint to the ECtHR was filed in late 2013. “Six years is a long time, but by the standards of the ECHR is not too long,”— said Damir Gainutdinov. “In addition, the resolution expressly States that article 15.1 of FL “On information” (this is the first law about Internet censorship, which entered into force on 1 November 2012), inconsistent with international standards and creates preconditions for abuse by the state. In fact, the court confirmed what told you from the beginning and we, and many experts: laws about locking in R��the net was very bad, the uncertain and their existence threatens the freedom of expression,” said human rights activist.In Russia, the claim by Vladimir Kharitonov to Roskomnadzor was first reported by “Kommersant” the Creator of the site. Since the action of the locking mechanism experienced by many users of claims has increased, but successful cases can be counted on the fingers, adds Mr. Gainutdinov. At the same time, epic lock Telegram, also caused a string of complaints ended in favor of the messenger. “In fact, the ECHR found the practices of the lock when the resource owner is not involved in the case, illegal, and grounds for a lock is also declared illegal,”— said the partner of the “digital rights” Sarkis Darbinyan. The decision of ECHR will affect the formation of judicial practice and changing positions of government agencies regarding locks, trusts lawyer: “site Owners will be able to refer to the ECHR decision as precedent, and the Russian court will not be able to ignore them”.The plaintiffs use the mechanism of the ECHR, to confirm his innocence and to recognize the wrongness of the state, and a positive decision do give the possibility of reviewing cases in Russia on again opened circumstances, confirms the managing partner of Lidings Andrey Zelenin. “But I doubt that today’s decision of the ECHR will be on the basis of the review of the cases of blocking, which have a political background, he adds. Where possible, there is a disrespect for international norms and regulations. Moreover, for six years and the contents of the site can change, and as such the need for a reconsideration of the abyss”.Russian authorities generally paid the compensation that is awarded the ECHR, except for the “Yukos affair”, which, apparently, decided not to pay, said Damir Gainutdinov. “We will demand the abolition of the blocking of sites, he adds. In addition, Russia should revise the law about locks, as the ECtHR pointed out that article 15.1 and 15.3 of the Federal law “On information” is not well formulated and give rise to abuse”. However, there may be a problem, recognizes the lawyer as Russia often ignores rulings of the ECtHR in this part. Then, he says, will have to apply to the Committee of Ministers of the Council of Europe.”Often a long trial in the ECHR are the only opportunity for the applicant to provide a hearing before an impartial and competent (in all senses) by the court, which can operate with a smaller eye on the political situation in specific States than his national “colleagues,” adds Dimitri Mednikov, a lawyer of the dispute resolution and international commercial arbitration BGP Litigation.Anna Afanasyeva, Dmitry Shestoperov whom, why and how sucshno fought regulatorsthe next
