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Постановление Европейского суда по правам человека от 23.09.2010 «Дело Андрей Исаев (Andrey Isayev) против России» [англ.]





родные заседатели) K. and S. started the examination of the case. The applicant was represented by legal counsel. However, at the hearing he sought leave to be represented also by his mother and by Mr Kuvshinov. The trial court dismissed his request.
12. The applicant and his legal counsel appealed against the above decision to the Supreme Court of the Russian Federation ("the appeal court"). On 15 October 2001 the appeal court held that it was not possible to examine the applicant's appeal against an interlocutory decision.
13. On 15 November 2001 the trial court, which was now composed of judge Sh. and lay judges G. and Ka., allowed Mr Kuvshinov to defend the applicant along with his legal counsel.
14. On the same date the trial court rejected the applicant's request to have his case heard by a jury on the ground that the jury trial had not been set up in the Vladimir Region.
15. On 4 December 2001 the trial court dismissed the applicant's objection to the composition of the trial court. Regarding the lay judges, the trial court held that they had been elected by the Vladimir Regional Council of People's Deputies (Владимирский областной совет народных депутатов) during its session of 4 - 11 April 1990 in accordance with law. According to the presidential decree of 25 January 2000 their terms of office had been extended until the court received a new list of lay judges confirmed by the regional legislature.
16. On 24 December 2001 the applicant received a similar answer from the President of the Vladimir Regional Court.
17. On 29 April 2002 the trial court found the applicant guilty of two premeditated murders, damage to private property and several other crimes and sentenced him to twenty years' imprisonment with confiscation of his possessions. The sentence started to run from 15 January 1999.
18. The applicant appealed against the conviction. In the additional grounds of appeal he complained, among other things, that the judgment had been adopted by a court which had not been established in accordance with law.
19. On 19 December 2002 the appeal court upheld the applicant's conviction for murders, modified the judgment in respect of the other charges and reduced his sentence to nineteen years' imprisonment with confiscation of the possessions. In particular, it found that the trial court had been established in accordance with law.

B. Libel proceedings against a newspaper

20. On 12 February 2002 the local newspaper Molva published an article in which it allegedly accused the applicant's representative, Mr Kuvshinov, of causing delays in the examination of the applicant's case. Defamation proceedings brought by Mr Kuvshinov against the newspaper ended in a friendly settlement on 16 April 2003. The parties did not appeal against the settlement, and it entered into force on 28 April 2003.

II. Relevant domestic law and practice

A. Code of the Criminal Procedure of RSFSR of 1960
("the CCrP") in force until 1 July 2002

21. Section 15 of the CCrP provided that hearings of criminal cases in first-instance courts had to be conducted, subject to certain exceptions, by a single professional judge or by a panel of one professional judge and two lay judges. In administration of justice lay judges enjoyed the same rights as professional judges.

B. Law of RSFSR on the Judicial System
of 8 July 1981 ("the Law")

22. Section 29 of the Law provided that the regional and other equal courts, including the president of the court, the president's deputies, the court members and the lay judges, should be elected by the relevant council of people's deputies for the duration of five years.

C. Federal Law on the Lay Judges of the Fe



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