er to verify the information at hand. When the results of the test purchase confirmed the suspicion, the police squad was notified accordingly and entered the applicant's home to arrest the applicant. They subsequently informed the investigating officer, who arrived at the scene to secure the traces of the crime and other physical evidence and to determine other relevant circumstances. The investigating officer acted without a judicial warrant and prior to institution of the criminal proceedings against the applicant on the charges of forgery. The Court's analyses will be aimed at the examination of the lawfulness of the entry into, and inspection of, the applicant's home by the investigating officer.
35. The Court notes that the parties' accounts of events as to whether the applicant had voluntarily consented to the investigator's entry into his home diverge significantly. The Court will therefore depart from the assumption that the investigating officer entered the applicant's flat against the latter's will.
36. The fact of the interference with the applicant's right to respect for his home as such was undisputed by the parties and the Court sees no reason to hold otherwise. Thus, the Court has next to determine whether the interference in question was justified under paragraph 2 of Article 8, that is whether it was "in accordance with the law", pursued one or more of the legitimate aims set out in that paragraph and was "necessary in a democratic society" to achieve that aim or those aims.
37. The Court reiterates that an interference cannot be regarded as "in accordance with the law" unless, first of all, it has some basis in domestic law. In accordance with the case-law of the Court, in relation to paragraph 2 of Article 8 of the Convention, the term "law" is to be understood in its "substantive" sense, not its "formal" one. In a sphere covered by the written law, the "law" is the enactment in force as the competent courts have interpreted it (see {Societe} Colas Est and Others v. France, No. 37971/97, § 43, ECHR 2002-III).
38. The Court observes that under the Russian Constitution the right to respect for a person's home may be interfered with on the basis of a federal law or a judicial decision. The RSFSR Code of Criminal Procedure - which had the status of federal law in the Russian legal system - provided that in urgent cases an investigator could inspect the crime scene prior to institution of criminal proceedings; the Code did not require an investigator to obtain a judicial warrant (see paragraphs 19 and 22 above). The Court therefore concludes that the interference was "in accordance with the law".
39. The Court further observes that the purpose of the interference with the applicant's right to respect for his home was to examine the scene of the crime and to secure the traces of the crime and other physical evidence that might be instrumental for the criminal investigation into the forgery of official documents. The interference was manifestly in the interests of "the prevention of crime". It remains to be determined whether the interference was "necessary in a democratic society".
40. Under the Court's settled case-law, the notion of "necessity" implies that the interference corresponds to a pressing social need and, in particular, that it is proportionate to the legitimate aim pursued. In determining whether an interference is "necessary in a democratic society" the Court will take into account that a certain margin of appreciation is left to the Contracting States. However, the exceptions provided for in paragraph 2 of Article 8 are to be interpreted narrowly, and the need for them in a given case must be convincingly established (see {Societe} Colas Est and Others, cited above, § 47, and Smirnov v. Russia, No. 71362/01, § 43, 7 June 2007, with further references).
41. The Court consider
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