Roskomnadzor demanded to block Telegram immediately

Censors filed such a petition to the court.
12.04.2018
Kommersant
Origin source
Roskomnadzor asked to immediately execute the judgment if the suit on restriction of access to Telegram in Russia was satisfied. The court session is scheduled for Friday morning, April 13. At the same time, representatives of the messenger's protection have still not been given a chance to familiarize themselves with the claim of Roskomnadzor.

Roskomnadzor asked to immediately execute the judgment in case of satisfaction of the statement of claim on restriction of access to Telegram in Russia. "The court case is connected with the dissemination of information, and since Telegram is not provided with the keys to decode the messages, we submit an application for immediate execution of the judgment in case the claim is satisfied," a representative of Roskomnadzor said during a pre-trial conversation on a lawsuit on restricting access to Telegram quotation on "Interfax").

Judge Yulia Smolina postponed the consideration of this petition to the stage of making a decision on the merits. At the same time, she refused to postpone the consideration of the claim, as requested by Telegram's defense, and granted Roscomnadzor's petition for the involvement of Russia as the third person in the case of the Federal Security Service (FSB).

According to Damir Gainutdinov, the lawyer of the international human rights group "Agora" representing the interests of Telegram, article 212 of the Code of Civil Procedure of the Russian Federation allows, in special circumstances, to make such a motion to appeal to the immediate execution of a court decision. "Since we have not found time to provide a statement of claim and petition of Roskomnadzor, one can only guess what" special circumstances "there may be," the lawyer told Kommersant.

The court may, at the request of the plaintiff, turn to the immediate execution of the decision if, due to special circumstances, the delay in its execution can lead to significant damage to the recoverer or performance may not be possible, says BMS Law Firm's commercial practice manager Denis Frolov. "It is difficult to say whether the court will satisfy this petition. On the one hand, there is no reason to talk about possible damage. On the other hand, the court may well stand up for the defense of the department. The court's ruling on the immediate enforcement of a court decision may be lodged with a private complaint that does not stop the execution of the ruling. However, the immediate execution of the decision does not deprive the defendant of the right to appeal against him on appeal, "the lawyer explained.

Tagansky Court of Moscow appointed a hearing on the merits of the suit of Roskomnadzor on the blocking of the Telegram instant messenger on Friday, April 13. The meeting will be held at 10:00. Recall, on April 6 Roskomnadzor filed a lawsuit in the Tagansky District Court of Moscow with a demand "on restricting access to the information resources of the organizer of information dissemination in the Internet Telegram Messenger Limited Liability Partnership in Russia." The claim was filed in connection with the identification of the FSB by Telegram's failure to fulfill the responsibility of the information dissemination organizer established in cl. 10.1 of the law "On Information", followed from the report of Roskomnadzor.

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