adopted by the St. Petersburg Legislative Council on 6 November 2002. Mr S. and Ms B. were not on that list. They also indicated that St. Petersburg archives did not have any document showing that those persons had ever been included in lists of lay judges in St. Petersburg. The applicant further argued that, even assuming that Mr S. and Ms B. had been appointed as lay judges, their term of office had expired, at least on 5 August 2002 according to the decree of the President of the Russian Federation.
11. On 14 November 2003 the St. Petersburg City Court dismissed the appeal and upheld the applicant's conviction. The City Court ruled that the complaint about the unlawful composition of the bench was unfounded. The lay judges had been appointed in accordance with domestic law and their powers could not have been discontinued by the decree of 5 August 2002 because the case had commenced before that date and they had already served as lay judges in the earlier period.
II. Relevant domestic law
A. The RSFSR Constitution of 1978 (as amended by the Federal
Law No. 4061-1 of 9 December 1992)
12. By virtue of Section 164 of the RSFSR Constitution of 1978 (in force until 12 December 1993, when the Constitution of the Russian Federation was adopted), lay judges were elected during meetings of citizens at their place of work or residence for a term of five years.
B. The RSFSR Judicial System Act
13. Under Section 22 of the RSFSR Law of 8 July 1981 on the RSFSR Judicial System (hereafter "the RSFSR Judicial System Act") (in force until 10 January 2000, the date of the official publication of the Federal Law on Lay Judges of Federal Courts of General Jurisdiction in the Russian Federation) lay judges of district courts were to be elected during meetings of citizens at their place of work or residence for a term of two and a half years. Section 22 also indicated that the procedure for the election of lay judges was laid down in the RSFSR Law on Election of District (Town) People's Courts in RSFSR.
C. The Courts Election Act
14. Part III of the RSFSR Law of 8 July 1981 on Election of District (Town) Courts in the RSFSR (hereafter "The Courts Election Act") (in force until 10 January 2000), setting out the procedure for election of lay judges, read as follows:
Article 56. Procedure for calling elections
"Elections of lay judges of district (town) courts of RSFSR are called by the Presidium of the RSFSR Supreme Council.
A decree of the Presidium of the RSFSR Supreme Council calling an election of lay judges shall be published in the press no later than thirty days before [the lay judges'] term of office is to expire..."
Article 57. Management of elections
"Elections of lay judges of district (town) courts are carried out by executive committees of district, town... Councils of People's Deputies.
...
The executive committee of the district, town... Council of People's Deputies:
...
(c) shall determine the results of elections... and compile a list of elected lay judges;
...
(d) shall publish information on the results of the elections of lay judges..."
Article 58. Election procedure
"Elections of lay judges of district (town) courts are carried out during general staff meetings, general meetings and gatherings of citizens at their place of residence...
Staff meetings shall be called by the trade union committee and the administration of an enterprise, organisation...
General meetings and gatherings of citizens at their place of residence shall be called by the executive committee of the town, district... Council of People's Deputies...
...
Lay judges... shall be elected by open vote
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