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Постановление Европейского суда по правам человека от 12.02.2009 «Дело Нолан (Nolan) и K. против России» [англ.]







EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF NOLAN AND K. v. RUSSIA
(Application No. 2512/04)

JUDGMENT <*>

(Strasbourg, 12.II.2009)

--------------------------------
<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Nolan and K. v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
--------------------------------
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 22 January 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 2512/04) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by two citizens of the United States of America, Mr Patrick Francis Nolan ("the applicant") and K. ("the applicant's son"), on 18 December 2003.
2. The applicant was represented by Mrs G. Krylova and Mr D. Holiner, lawyers practising in Moscow and London respectively. The Russian Government ("the Government") were represented by Mr P. Laptev, former Representative of the Russian Federation at the European Court of Human Rights.
3. By a decision of 30 November 2006 the Court declared the application partly admissible.
4. The applicant and the Government each filed observations on the merits (Rule 59 § 1).

THE FACTS

I. The circumstances of the case

5. Mr Nolan and K. were born in 1967 and 2001 respectively and live in Tbilisi, Georgia. Mr Nolan is the father and sole custodial parent of K.
6. Since 1988 the applicant has been a member of the Unification Church ("the Church"), a spiritual movement founded by Mr Sun Myung Moon in 1954.

A. Legal status of the Unification Church in Russia

7. On 21 May 1991 the Unification Church was officially registered as a religious association in the Russian Socialist Federative Soviet Republic.
8. On 29 December 2000 the Ministry of Justice of the Russian Federation granted State re-registration to the Unification Church at federal level as a centralised religious organisation. It did so on the basis of an expert opinion from the Expert Council for Conducting State Expert Examinations in Religious Studies, which stated, inter alia, the following:
"In the Russian Federation neither the Unification Church nor its leaders have ever been held criminally liable. No violations of the federal law on freedom of conscience and religious associations on the part of the Unification Church or its various representatives have been established. Thus, (1) the Unification Church is a religious, non-commercial organisation and, accordingly, has the characteristics of a religious association within the meaning of section 6 § 1 of the federal law on freedom of conscience and religious associations; and (2) no indication of unlawful activities has been uncovered in its religious teachings and corresponding practice."

B. The applicant's residence in Russia

9. In 1994 the Church invited the applicant to assist its activities in Russia. The Ministry of Foreign Affa



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