Court practice

СASE OF KOBALIYA AND OTHERS v. RUSSIA

Art 10 and Art 11 • Freedom of expression • Freedom of association • Expanded application of "foreign agents" legislation to media organisations, journalists, activists and other individuals • Vague and unpredictable criteria for "foreign agent" designation leading to arbitrary application • Absence of “relevant and sufficient” reasons for designating applicants as “foreign agents” • Lack of “pressing social need” for burdensome labelling requirements on all public communications • Stigmatising effect of mandatory “foreign agent” label chilling public discourse and civic engagement • Disproportionate and excessive fines for non-compliance with labelling rules • Forced dissolution of NGOs as extreme sanction for alleged violations • Expanded "foreign agents" framework incompatible with pluralism and "not necessary in a democratic society"
Art 8 • Private life • Multiple and unjustified repercussions on individual applicants’ private and professional life as a result of their designation as “foreign agents” • Publication of applicants’ personal data on Ministry of Justice website not serving any public interest • Obligation to submit frequent and detailed reports on personal income and expenses exceeding what could be considered necessary to ensure transparency • Broad restrictions on the exercise of certain professions including teaching minors and writing for the youth unjustified

Prepared by the Registry. Does not bind the Court.