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Постановление Европейского суда по правам человека от 08.10.2009 "Дело "Порубова (Porubova) против Российской Федерации" [рус., англ.]





nal ruling on whether a restriction is reconcilable with freedom of expression as protected by Article 10. The Court's task in exercising its supervisory function is not to take the place of the national authorities, but rather to review under Article 10, in the light of the case as a whole, the decisions they have taken pursuant to their margin of appreciation. In so doing, the Court has to satisfy itself that the national authorities applied standards which were in conformity with the principles embodied in Article 10 and, moreover, that they based their decisions on an acceptable assessment of the relevant facts (see Krasulya v. Russia, No. 12365/03, § 34, 22 February 2007).
41. In examining the particular circumstances of the case, the Court will take the following elements into account: the position of the applicant, the position of the persons against whom the criticism was directed, the subject matter of the publication, the characterisation of the contested statements by the domestic courts, the wording used by the applicant, and the penalty imposed on her (see, mutadis mutandis, Jerusalem v. Austria, No. 26958/95, § 35, ECHR 2001-II).
42. As regards the applicant's position, the Court observes that she was a journalist and editor-in-chief of a newspaper. She was convicted for publishing articles of which she was found to be the author; therefore, the impugned interference must be seen in the context of the essential role of the press in ensuring the proper functioning of political democracy (see Lingens v. Austria, 8 July 1986, § 41, Series A No. 103, and {Surek} v. Turkey (No. 1) [GC], No. 26682/95, § 59, ECHR 1999-IV). The Court reiterates that the exceptions to journalistic freedom set out in Article 10 § 2 must be construed strictly and the need for any such restrictions must be established convincingly.
43. As regards the nature of the articles and the position of their protagonists, the Court notes that one entire page of the newspaper was devoted to a series of articles exposing the alleged misappropriation of funds in the regional budget. It was claimed in particular that the head of the regional government, Mr V., had authorised the regional railway company to offset its outstanding tax liability, totalling two billion roubles, against the purchase of a large flat in Moscow. The flat in question had been initially registered as the property of the region, only to be subsequently transferred into the private ownership of Mr K.'s father. Mr K. was a member of the regional parliament and an employee of the region's representative office in Moscow, and had allegedly had an affair with Mr V. The articles contained a wealth of specific facts and details, such as the date and number of the order signed by Mr V., the names of the companies involved, the amounts and the purchase price of the flat and its exact location in Moscow. They were also accompanied by the text of an official letter in which the head of the regional police sought to enlist the assistance of the audit commission in carrying out an inquiry into financial wrongdoings. In examining the matter, the domestic courts gave no heed to the fact that the allocation of budgetary resources was obviously an issue of paramount importance which merited legitimate public concern. The Court, for its part, reiterates in this connection that under Article 10 § 2 of the Convention very strong reasons are required to justify restrictions on political speech or debates on questions of public interest (see Krasulya, cited above, § 38).
44. The Court further notes that the alleged embezzlement was left outside the scope of the charges against the applicant and that the only allegation covered was that of a homosexual affair between Mr V. and Mr K. However, in the Court's view, that issue cannot be dissociated from the main thrust of the articles. Assessing the published material as a whole, the Court finds



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