The case was successfully considered by the applicants' complaints that their detention pending trial was unlawful, since, in their opinion, the crimes imputed to them were committed in the field of entrepreneurial activity, which, by virtue of part 1.1 of article 108 of the Code of Criminal Procedure of the Russian Federation custody does not apply. In the case of violations of the requirements of paragraph 3 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
In 2014 and 2015, complainants were assisted in preparing applications. Subsequently, the applications were merged and communicated to the Russian Federation.
In their complaints, the applicants complained that their detention before the trial was unlawful, since, in their opinion, the crimes imputed to them were committed in the sphere of entrepreneurial activity, to which, by virtue of part 1.1 of Article 108 of the Code of Criminal Procedure of the Russian Federation, a preventive measure in the form of custody does not apply.
On April 10, 2018, on complaints filed by the applicants, the European Court unanimously decided that in the present case the authorities violated the requirement of Article 5 § 3 of the Convention (the right to liberty and personal integrity), and ordered the respondent state to pay each applicant 5,000 euros as compensation.
ECHR ruling of April 10, 2018 in the case of Rubtsov and Balayan (Rubtsov and Balayan) v. Russia (applications N 33707/14 and 3762/15).