GRYAZEV AND OTHERS v. RUSSIA - 25870/21 (Article 11 - Freedom of assembly and association : Fifth Section Committee) [2024] ECHR 179 (22 February 2024)


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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> GRYAZEV AND OTHERS v. RUSSIA - 25870/21 (Article 11 - Freedom of assembly and association : Fifth Section Committee) [2024] ECHR 179 (22 February 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/179.html
Cite as: [2024] ECHR 179

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FIFTH SECTION

CASE OF GRYAZEV AND OTHERS v. RUSSIA

(Applications nos. 25870/21 and 28 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

22 February 2024

 

This judgment is final but it may be subject to editorial revision.


In the case of Gryazev and Others v. Russia,

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:

 María Elósegui, President,
 Mattias Guyomar,
 Kateřina Šimáčková, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 1 February 2024,

Delivers the following judgment, which was adopted on that date:

PROCEDURE


1.  The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on the various dates indicated in the appended table.


2.  The applicants were represented by Mr. N. S. Zboroshenko, a lawyer practising in Mytishchi.


3.  The Russian Government ("the Government") were given notice of the applications.

THE FACTS


4.  The list of applicants and the relevant details of the applications are set out in the appended table.


5.  The applicants complained of the disproportionate measures taken against them as organisers or participants of public assemblies. They also raised other complaints under the provisions of the Convention.

THE LAW

  1. JOINDER OF THE APPLICATIONS


6.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

  1. JURISDICTION


7.  The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68-73, 17 January 2023).

  1. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION


8.  The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies, namely their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. They relied, expressly or in substance, on Article 11 of the Convention.


9.  The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius and Others v. Lithuania [GC], no. 37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v. Turkey, no. 74552/01, ECHR 2006-XIV, and Hyde Park and Others v. Moldova, no. 33482/06, 31 March 2009).


10.  In the leading cases of Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014, and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, the Court already found a violation in respect of issues similar to those in the present case.


11.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicants' freedom of assembly were not "necessary in a democratic society".


12.  These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.

  1. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW


13.  Some applicants submitted other complaints which also raised issues under the Convention and its Protocols, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible.


14.  Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocols in the light of its findings in Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); and Korneyeva, cited above, §§ 62-65 as to the right of the organisers or participants of public assemblies not to be tried and punished twice for the same offence.

  1. REMAINING COMPLAINTS


15.  Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative-offence proceedings. In view of the findings in paragraphs 12 and 14 above, the Court considers that there is no need to deal separately with these remaining complaints.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


16.  Regard being had to the documents in its possession and to its case-law (see in particular Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 4 October 2022), the Court finds it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

  1. Decides to join the applications;
  2. Holds that it has jurisdiction to deal with the applicants' complaints as they relate to the facts that took place before 16 September 2022;
  3. Declares the complaints under Article 11 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and decides that it is not necessary to examine separately the other aspects of the complaints raised by some applicants under Article 6 of the Convention;
  4. Holds that these applications disclose a breach of Article 11 of the Convention;
  5. Holds that there has been a violation of the Convention and the Protocols thereto as regards the other complaints raised under the well-established case-law of the Court (see appended table);
  6. Holds

(a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 22 February 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina María Elósegui
 Acting Deputy Registrar President

 

 


APPENDIX

List of applications raising complaints under Article 11 of the Convention

(disproportionate measures against organisers and participants of public assemblies)

No.

Application no.

Date of introduction

Applicant's name

Year of birth

 

Name of the public event

Location

Date

Administrative charges

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established case-law

Amount awarded for pecuniary and non-pecuniary damage per applicant

(in euros)[1]

  1.    

25870/21

01/05/2021

Vladimir Aleksandrovich GRYAZEV

1993

Rally in support of A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

29/01/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.    

25879/21

01/05/2021

German Gennadyevich GUROV

1971

Rally in support of A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

29/01/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.    

25925/21

01/05/2021

Aleksey Andreyevich STAVTSEV

1990

Rally in support of A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

29/01/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.    

25926/21

01/05/2021

Vasiliy Nikolayevich FILATOV

1987

Rally in support of A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

29/01/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.    

25927/21

01/05/2021

Yevgeniy Aleksandrovich SOROKIN

1988

Rally in support of A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

29/01/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.    

25931/21

07/05/2021

Sergey Alekseyevich OSHCHEPKOV

1999

Rally in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 15 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.    

26045/21

01/05/2021

Petr Aleksandrovich KOLOBAYEV

1999

Rally in support of A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

29/01/2021

Art. 5 (1) - unlawful detention - unlawful deprivation of liberty- arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect, pending trial and after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.    

26704/21

01/05/2021

Yegor Vyacheslavovich BITINKOV

2020

Rally in support of A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 8 days

Moscow City Court

29/01/2021

Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.    

26787/21

01/05/2021

Aleksandr Yevgenyevich BOGACHEV

2000

Rally in support of A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

29/01/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.  

27834/21

01/05/2021

Mikhail Aleksandrovich NAYDANOV

1986

Rally in support of A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

29/01/2021

Art. 5 (1) - unlawful detention - - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.  

28173/21

11/05/2021

Sofya Mikhaylovna BYKOVA

1995

Rally in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention of 5 days

Moscow City Court

09/02/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 02/02/2021 and 03/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.  

28180/21

11/05/2021

Grigoriy Aleksandrovich VAYSBERG

2000

Rally in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention of 8 days

Moscow City Court

09/02/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 02/02/2021 and 03/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.  

35656/21

25/06/2021

Marianna Yuryevna ZHUKOVA

 

Rally in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention of 12 days

Moscow City Court

02/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.  

35657/21

25/06/2021

Yelizaveta Alekseyevna POVYSHEVA

2000

Rally in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention of 12 days

Moscow City Court

22/03/2021

Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.  

35660/21

25/06/2021

Polina Yevgenyevna SKURATOVICH

1997

Rally in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention of 12 days

Moscow City Court

22/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

 

5,000

  1.  

35664/21

25/06/2021

Nadezhda Dmitriyevna TOKMAKOVA

1997

Rally in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention of 12 days

Moscow City Court

22/03/2021

Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.  

35938/21

25/06/2021

Yelizaveta Igorevna FROLOVA

1996

Rally in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention of 12 days

Moscow City Court

11/02/2021

Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.  

35944/21

25/06/2021

Yuliya Sergeyevna YANCHENKO

1997

Rally in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention of 12 days

Moscow City Court

24/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

.

5,000

  1.  

35947/21

25/06/2021

Aleksandra Vyacheslavovna SHALIMOVA

1997

Rally in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention of 12 days

Moscow City Court

22/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.  

36271/21

19/05/2021

Sergey Yuryevich SOLONICHENKO

1978

Rally in support of A. Navalnyy

 

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 15 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.  

37784/21

01/07/2021

Mikhail Andreyevich KIM

2002

Rally in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 15 days

Moscow City Court

09/02/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.  

37790/21

01/07/2021

Andrey Olegovich PICHUGIN

2002

Rally in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 15 days

Moscow City Court

09/02/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.  

37792/21

01/07/2021

Yevgeniya Olegovna RUMYANTSEVA

1999

Rally in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention of 15 days

Moscow City Court

16/04/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.  

37794/21

01/07/2021

Ruslan Sergeyevich CHAPLYGIN

1986

Rally in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 15 days

Moscow City Court

10/02/2021

Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.  

42351/21

07/05/2021

Yevgeniy Aleksandrovich KOZHEVNIKOV

1996

Rally in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 15 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

  1.  

44149/21

18/08/2021

Nikota Olegovich BEZRUKOV

1997

Rally in support of A. Navalnyy

 

Moscow,

 

31/01/2021

 

 

article 20.2 § 5 of CAO

 

 

 

and

 

 

 

article 19.3 § 1 of CAO

fine of RUB 20,000

 

 

 

and

 

 

 

administrative detention of 10 days

Moscow City Court

09/07/2021

 

 

and

 

 

 

Moscow City Court

26/02/2021

Art. 5 (1) (c) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings

 

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - conviction in the two separate sets of proceedings, under Articles 19.3 and 20.2 § 5 of the CAO, on account of participation in the same public event - overlap of the facts constituting the basis for the applicant's prosecution in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings

5,000

  1.  

44372/21

17/08/2021

Stepan Vyacheslavovich VAZHENKOV

2001

Rally in support of A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

16/04/2021

Art. 5 (1) - unlawful detention- arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - raised on appeal

 

 

4,000

  1.  

47450/21

04/09/2021

Anna Aleksandrovna FOMINA

1986

Rally in support of A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

 Moscow City Court

03/06/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

  1.  

49590/21

21/09/2021

Sergey Lvovich ANDREYEV

1974

Rally in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

14/04/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing a record of administrative offence,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

 

 


[1] Plus any tax that may be chargeable to the applicants.


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