The ECHR found a violation of the requirements of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, since the interference was not based on the law due to the absence of an appropriate rule in the law.

Заголовок: The ECHR found a violation of the requirements of Article 8 of the Convention for the Protection of Human Ri Сведения: 2018-09-10 17:12:24

In the case, the complaint on the violation of the applicant's right to respect for family life was successfully considered in view of his punishment for committing an administrative offense in the form of administrative arrest. In the case there was a violation of the requirements of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2010, the applicant was assisted in preparing the аpplication. Subsequently, the аpplication was communicated to the Russian Federation.

In his complaint, the applicant, who was a taxi driver, was found guilty of committing an administrative offense (driving a driver who does not have the right to drive a vehicle), he was sentenced in the form of administrative arrest. The applicant complained that the refusal to see his family members violated his right to respect for family life, since this right is not provided for persons who have been sentenced to administrative detention.

On 16 May 2017, on a complaint lodged by the applicant, the Court unanimously held that in this case the Government violated the requirements of Article 8 of the Convention (the right to respect for private and family life), since the interference was not based on the law, legislation. The Court ordered the respondent State to pay the applicant EUR 1,000 in respect of non-pecuniary damage.

The ECHR judgment of 16 May 2017 in the case of Pakhtusov v. Russia (аpplication no. 11800/10).

 

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