Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  SMADIKOV v. RUSSIA

  Inadmissible (englisch)

Wird zitiert von ... (5)Neu Zitiert selbst (1)

• EGMR, 29.01.2004 - 31697/03

  BERDZENISHVILI v. RUSSIA

  Auszug aus EGMR, 31.01.2017 - 10810/15

  For instance, remedies which have no time-limits, thus creating uncertainty and rendering nugatory the six-month rule contained in Article 35 § 1 of the Convention, are not effective remedies within the meaning of Article 35 § 1 (see Galstyan v. Armenia, no. 26986/03, § 39, 15 November 2007, and Berdzenishvili v. Russia (dec.), no. 31697/03, ECHR 2004-II (extracts)).

• EGMR, 04.07.2023 - 11519/20

  GLUKHIN v. RUSSIA

  10810/15, § 49, 31 January 2017, and Ecodefence and Others v. Russia, nos.
• EGMR, 06.09.2022 - 67200/12

  BODALEV v. RUSSIA

  However, in Smadikov v. Russia ((dec.), no. 10810/15, § 49, 31 January 2017) the Court stated that, at least as of August 2014, the review procedure was not a remedy to be exhausted prior to lodging an application before the Court and thus, as a rule, a review decision upholding lower court decisions would not be taken into account for the purpose of calculating the six-month period under Article 35 § 1 of the Convention.
• EGMR, 08.02.2022 - 44938/18

  SHUKUROV v. RUSSIA

  Considering that the applicant lodged his complaint on 12 September 2018 that is in more than six-months since the final domestic decision and his removal from Russia, he failed to comply with the six-month time-limit (see Smadikov v. Russia (dec.), no. 10810/15, 31 January 2017).
• EGMR, 26.09.2017 - 44870/15

  TIMOFEYEV v. RUSSIA

  The Court observes that the proceedings at issue concerned an administrative offence and were governed, as regards both substance and procedure, by the provisions of the CAO of 2001, as in force after legislative amendments in 2008 in respect of the review procedure (see Smadikov v. Russia (dec.), no. 10810/15, §§ 17-21 and 44, 31 January 2017).
• EGMR, 29.03.2022 - 296/18

  RAKHMONOVY v. RUSSIA

  The Court observes that the applicants exhausted the relevant remedies under the Code of Administrative Offences (see Smadikov v. Russia (dec.), no. 10810/15, 31 January 2017).