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golubok

Sergei Golubok

Attorney

Overview     Biography

Attorney-at-Law, St. Petersburg Bar Association, Council member.

Before joining the Russian bar, Sergei worked at the Registry of the European Court of Human Rights in Strasbourg and with an international non-governmental human rights organisation in London.

Sergei has successfully represented applicants in a number of cases heard by the Constitutional Court of Russia and the Supreme Court of Russia. He is handling numerous cases before the European Court of Human Rights and the Human Rights Committee.

Sergei graduated from the St. Petersburg State University Law School with distinction. He was awarded LL.M. in International Human Rights Law by the University of Essex and Ph.D. in International Law and European Law by the St. Petersburg State University.

He is a member of editorial board of Zakon law journal and board member of human rights NGO Citizens’ Watch.

Mr Golubok’s name is included in the List of Assistants to Counsel authorized to practice before the International Criminal Court.

Representative matters

International courts and human rights mechanisms

  • Ensuring release of the accused due to inadequate medical assistance in detention, by obtaining interim measures of protection ordered by the European Court of Human Rights;
  • Preparation of the expert opinion for the Westminster Magistrates’ Court concerning compliance with the requirements of the European Convention on Human Rights in the Russian penitentiary system (case concerning extradition to Russia).
  • Representation of a person facing deportation from the Russian Federation before the Human Rights Committee and Russian courts. The Committee found that Russia had breached the International Covenant on Civil and Political Rights in this case, Russia decided not to deport the client;
  • Drafting a “shadow report” for the leading human rights non-governmental organisation of St. Petersburg, presentation of that report to the Human Rights Committee in the framework of periodic review of compliance of the Russian Federation with the requirements of the International Covenant on Civil and Political Rights;
  • Preparation of an urgent appeal addressed to the Special Rapporteur of the UN Human Rights Council on Contemporary Forms of Slavery, as a result, subjection of a client to involuntary labour in the Russian correctional colony was stopped.

Constitutional Justice

  • Representation of Mr Ildar Dadin, an activist, at the hearing before the Constitutional Court of Russia. In its judgment the Court interpreted section 212.1 of the Russian Criminal Code: criminal prosecution for the participation in public gathering is constitutionally permitted only if the gathering in question ceased to be peaceful. Subsequently the Supreme Court of Russia discontinued the criminal proceedings against the applicant due to the absence of corpus delicti and ordered his immediate release.
  • Representation of a stateless person at the hearing before the Constitutional Court of Russia. In its judgment the Court struck down as unconstitutional the provisions of the Code on Administrative Offences which did not allow to discontinue the enforcement of the court order for expulsion of a stateless person if there is no State willing to accept him/her. Several stateless persons, including the applicant, were released pursuant to this ruling.
  • Representation of two US nationals who were expelled from Russia at the hearing before the Constitutional Court of Russia. In its judgment the Court struck down as unconstitutional the provisions of the Russian federal legislation on the migration registration of foreign nationals as failing to comply with the requirements of normative certainty in respect of the identification of the address of the foreigner’s migration registration.

Criminal law

  • Coordination of a legal team in the criminal case against the Greenpeace activists (the “Arctic Sunrise” case): the Primorskiy and Kalininskiy District Courts of St. Petersburg decided to release the accused on bail; the criminal charges were amended; ultimately criminal proceedings were discontinued due to amnesty;
  • Defending a Somalian refugee who was accused of bribing an official of the Federal Security Service: the prosecutor amended the charges to less severe at the conclusion of the trial; the Primorskiy District Court of St. Petersburg gave shorter sentence of imprisonment than what was requested by the prosecution and without fine as additional penalty; client was released from the pre-trial detention center having fully served his sentence in several weeks following the pronouncement of the judgment;
  • Defending of a foreign tourist who was charged with having committed a crime in St. Petersburg: Smolninskiy District Court of St. Petersburg rejected the petition of the investigator from the Investigations Committee and refused the detention of the accused pending trial; the District Court agreed with the defence and ordered to release the client on bail; the case did not proceed to trial;
  • Representing the victims in a case of premeditated murder by a criminal gang: Criminal Chamber of the Russian Supreme Court affirmed the guilty verdict passed by the jury at the St. Petersburg City Court;
  • Appeal against the decision not to investigate before the Leninskiy District Court of Murmansk: following the counsel’s complaint to the court the impugned decision was quashed as unlawful and unreasonable by the deputy prosecutor of the Leninskiy administrative district of Murmansk.

Expert opinions on Russian law and practice

  • Preparation of an opinion for the English court about the conditions of detention in the Russian pre-trial detention centers; appearance before the court for examination and cross-examination in connection with that opinion.
  • Preparation of a report for the Danish non-governmental organisation about the history and experience of judicial reform in post-Soviet Russia.
  • Preparation of an opinion for the English court about the practice of investigation into the allegations of torture in Russia; appearance before the court via video-link for examination and cross-examination in connection with that opinion.

Publications

Publications list

In Russian

  • Protection of domain names by the European Convention on Human Rights // Korporativniy yurist (Corporate Lawyer). 2008. № 6.
  • Judgments and decisions of the European Court of Human Rights and views of the Human Rights Committee: their status and legal consequences in the Russian legal system // Rossiyskiy ezhegodnik mezhdunarodnogo prava (Russian Yearbook of International Law). 2010.
  • Russian justice according to European standards // Sravnitelnoye konstitutsionnoye obozrenie (Comparative Constitutional Review). 2010. № 5.
  • Proliferation of international courts and tribunals: fragmentation or strengthening of contemporary international law признак фрагментации или укрепления современного международного права? // Mezhdunarodnoye pravosudie (International Justice). 2011. № 1.
  • Code on Administrative Offences: incredible is possible … // Zakon (Legislation). 2012. № 2.
  • Pre-trial detention centers as systemic problem // Sravnitelnoye konstitutsionnoye obozrenie (Comparative Constitutional Review). 2012. № 2.
  • In English

  • Right to Free Elections: Emerging Guarantees or Two Layers of Protection? // Netherlands Quarterly of Human Rights. 2009. Vol. 27.
  • Pre-Conviction Detention before the International Criminal Court: Compliance or Fragmentation? // The Law and Practice of International Courts and Tribunals. 2010. Vol. 9.
  • Degrees:St. Petersburg State University (Ph.D. in Law)

    University of Essex
    (LL.M., International Human Rights Law)

    St. Petersburg State University

    Languages:

    Russian
    English
    French

    Professional membership:

    European Criminal Bar Association (London)