Essence of the decision:
The European Court of Human Rights ruled on the case Snopov v. Ukraine concerning unfair conduct of proceedings in the Court of Appeal of Crimea. The case involved the quashing of the applicant’s acquittal in an administrative offense case without properly informing him about the appeal proceedings. The Court found a violation of Article 6 § 1 of the Convention due to the lack of equality of arms in the appellate proceedings and awarded EUR 3,000 in non-pecuniary damages.
Structure and main provisions:
The decision follows a standard ECHR structure, examining the subject matter, the Court’s assessment, and the application of Article 41. The key focus is on the violation of the right to an adversarial trial and equality of arms principles. The Court established that the appellate court failed to notify the applicant about the prosecutor’s appeal and the hearing, preventing him from participating in the proceedings that resulted in overturning his acquittal.
Most important provisions:
1. The Court affirmed that principles of adversarial trial and equality of arms apply to administrative offense proceedings, requiring proper notification of hearings at least three days in advance.
2. The absence of court minutes and lack of indication in the appellate court’s decision about proper notification of the applicant were considered crucial evidence of procedural violations.
3. The Court emphasized that when an appellate court makes a full assessment of guilt or innocence, it cannot determine the issue without direct assessment of evidence given by the accused in person.
4. The decision establishes that even in administrative proceedings, the right to participate in appellate hearings and respond to opposing party’s arguments is fundamental for ensuring fair trial rights.
