Bobylev and Bychkov v. Russia

THIRD SECTION

Application no. 45240/20 Maksim Ilyich BOBYLEV and Aleksandr Ivanovich BYCHKOV against Russia

The European Court of Human Rights (Third Section), sitting on 19 June 2025 as a Committee composed of:

Diana Kovatcheva , President , Canòlic Mingorance Cairat, Vasilka Sancin , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 20 September 2020,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Mr E. Mezak, who resides in Saint ‑ Barthélemy-d’Anjou.

The applicants’ complaints under Article 11 of the Convention concerning the disproportionate measures against organisers and participants of public assemblies were communicated to the Russian Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention (see the appended table).

THE LAW

The Court notes from the outset that, in the present case, the application was lodged more than six months after the final decisions in respect of the applicants’ grievances under Articles 5, 6 and 11 and of the Convention were taken (see the appended table). It must therefore ascertain whether the applicants complied with the six-month rule set out in Article 35 § 1 of the Convention.

The Court further notes that, as regards applications introduced in 2020, the method of calculation of the six-month rule has been adjusted in order to handle the difficulties to which the global pandemic and widespread lockdown gave rise and to preserve the essence of the right of individual petition under Article 34 of the Convention. In particular, the six-month rule was exceptionally considered to have been suspended for three calendar months in total, whenever a calendar six-month period either started to run or, on the contrary, was due to expire at any time between 16 March and 15 June 2020 (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022).

Turning to the circumstances of the present case, the Court observes that neither the date of the introduction of the application nor the dates of the expiration of the six-month time-limit fall within the above-mentioned period (16 March to 15 June 2020). The exceptional measure is therefore not applicable in the present case (compare Kitanovska and Barbulovski v. North Macedonia , no. 53030/19, § 39-40, 9 May 2023; and Masse v. France (dec.), no. 47506/20, 25 March 2025). It follows that the application was lodged out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 10 July 2025.

Viktoriya Maradudina Diana Kovatcheva Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 11 of the Convention

(disproportionate measures against organisers and participants of public assemblies)

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Name of the public event

Location

Date

Administrative / criminal offence

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established case-law

45240/20

20/09/2020

Maksim Ilyich BOBYLEV

1997

Aleksandr Ivanovich BYCHKOV

1997

Mezak Ernest Aleksandrovich

Saint-Barthélemy-d’Anjou

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

article 20.2 § 6.1 of CAO

article 20.2 § 6.1 of CAO

fine of RUB 15,000 (first applicant)

fine of RUB 15,000 (second applicant)

Moscow City Court

20/12/2019

Moscow City Court

24/12/2019

Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in all sets of the administrative proceedings for both applicants,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicants’ convictions were based in all sets of the administrative proceedings for both applicants,

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention of both applicants on 27/07/2019 in excess of 3 hours for the sole purpose of drawing a record of administrative offence