Considering case about blocking websites Russian courts should be required to involve the owners of these resources. This is stated in the definition of the Supreme court of the Russian Federation, writes “Interfax”.
The document says that the court must define “other persons, rights and legitimate interests which may affect judgment”, in particular owners of Internet sites and authors placed on them.
“In the case of such persons, establishment of their whereabouts, the court encourages them to participate in the proceedings, shall notify about the time and place of the hearing,” — said in the appeal decision.
This legal position was formed by results of consideration of the complaint of the owner of the blocked site bitcoininfo.ru Nicholas Tonkoshkura.
In 2016, the Vyborgsky district court of St. Petersburg ruled that the information about bitcoin published on the website violates the law “On the Central Bank of the Russian Federation” as well as “undermining the constitutional order and the credibility” of Russia.
However, the judicial decision on locking of a resource was made without notice to the website about the trial, and appeal Tonkoshkura was not considered on the merits, allegedly due to the fact that he “was not the person involved in the case, to participate in the proceedings did not involve the issue of rights and responsibilities, the court is not allowed”.
The Supreme court recognized the actions of the appellate court is illegal.
“The abandonment of the appeal Nicholas Tonkoshkura without consideration on the merits, cannot be dealt with otherwise as the administrative deprivation of defendant’s right to appeal is not enforceable court decision”, — stated in the appeal decision.
We will add that in April 2018, the Supreme court overturned the ruling on the blocking of websites on cryptocurrency bitcoininfo.ru and sent the case to another appellate review in the St. Petersburg city court.
We will remind, in may 2017, the Oktyabrsky district court of St. Petersburg at the request of prosecutors decided to accept prohibited on the territory of Russia the information disseminated on the websites of the 40 different bitcoin exchangers.
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