at instruments of a crime, objects, documents or valuables having relevance to a criminal case could be found in a specific place or on a specific person (Article 182 § 1). A search of a place of residence requires a judicial warrant issued on the basis of an application by the investigator (Article 165).
21. Investigative actions, such as a search, may not be carried out at night except in emergency situations (Article 164 § 3). Night is defined as the period between 10 p.m. and 6 a.m. local time (Article 5 (21)).
22. Prior to starting the search, the investigator offers the residents the opportunity to surrender voluntarily objects, documents or valuables which are of relevance to the criminal case. If such objects have been handed over voluntarily the investigator may decide not to proceed with the search (Article 182 § 5).
23. Upon permission of the investigator, counsel and/or advocate for the person in whose premises the search is being carried out may be present during the search (Article 182 § 11).
24. Residential and professional premises of an advocate may only be searched on the basis of a judicial decision. The information, objects and documents obtained during the search may be used in evidence only if they are not covered by the attorney-client privilege in a given criminal case (section 8 § 3 of the Advocates Act, Law No. 63-FZ of 31 May 2002).
THE LAW
I. Alleged violation of Article 8 of the Convention
25. The applicant complained that the search at his home and office had been carried out in breach of his right to respect for his home guaranteed under Article 8 of the Convention, which reads as follows:
"1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."
A. Admissibility
26. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.
B. Merits
1. Submissions by the parties
27. The applicant emphasised that the domestic authorities had been aware of his special status as an advocate because it had been mentioned in the search warrant. That awareness notwithstanding, they had proceeded to search his residence and his office and to seize his files, which had interfered with his professional activities. The applicant pointed out that the search had begun at 9.40 p.m. and obviously could not be completed by 10 p.m., whereas the domestic law prohibited night-time searches, the night time being defined as after 10 p.m.
28. The Government submitted that the search had been conducted in accordance with law since the domestic law did not contain a prohibition on searching the advocate's premises, on condition that there existed a judicial warrant, since the procedure for conducting the search had been complied with, and since the search had begun before the onset of night time. The investigation had had valid grounds to suspect the applicant of having been involved in fraud; that suspicion had been corroborated by an expert report.
2. The Court's assessment
29. The Court observes that the search was carried out at two addresses: firstly in the flat on Gorky Street where the applicant had his registered residence
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