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A hasty move: why did Telegram block before the court’s entry into force?

Parallel to the technological war of Roskomnadzor and the messenger, the battle of lawyers is going on. Telegram can still achieve official cancellation of the lock

The Moscow City Court believes that the decision of the Tagansky District Court of Moscow on blocking Telegram has not entered into legal force, Tass learned from the Moscow City Court spokeswoman.

The court’s website says that the complaint was left without motion to correct the deficiencies that the plaintiff can make before June 4, 2018. Thus, the chance of cancellation of the decision to block is preserved. Earlier, the advocates of Telegram’s interests in court explained to Forbes that the appeal was not filed because the court did not provide the reasoning for the blocking decision in a timely manner. However, Roskomnadzor insists that the decision to block is legitimate, despite the possibility of appealing against the decision.

“This judgment, according to its operative part, is addressed to immediate execution from the moment of adoption. Immediate execution of the court decision does not require the expectation of its entry into legal force. Therefore, from April 16, Roskomnadzor takes a set of measures to restrict access to the Internet resources in Russia, the operation of which provides the company Telegram Messenger Limited Liability Partnership. Roskomnadzor not received from Telegram Messenger Limited Liability Partnership copies of private and appellate complaints, “- said in an explanation of Roskomnadzor.

How the messenger was blocked

The decision to restrict access to Telegram was taken by the Tagansky District Court of Moscow on April 13, 2018. The reason is the failure to fulfill the request for the transfer of keys for the deciphering of the FSB’s messages. The founder of the messenger Pavel Durov F 58 forbade his lawyers to participate in the last session of the court in order “not to legitimize the decision”.

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May 10, 2018 in the Tagansky District Court of the capital received a private complaint representative representative of the person concerned – the company Telegram Messenger Limited Liability Partnership, control service. This complaint was left without motion to correct the deficiencies, but the Moscow City Court indicated that the decision to block should not take effect until the complaint is considered.

The head of the Agora human rights group, Pavel Chikov, noted that the record from May 15 about the entry into force of the decision to block Telegram disappeared from the Tagansky court’s website, but a line was added on filing an appeal on May 10.

After the decision to block, Roskomnadzor attempted to block the work of the Telegram messenger, and then the services, which circumvented the restriction of access to the messenger. As a result, Internet users noted the violation of access to numerous legal services, including those that provide business processes. At the same time, Telegram remained available in Russia through some VPN and proxy services, and sometimes without their use. In various cities of Russia there were protests against the blocking of the messenger and in support of Internet freedom from censorship. The meetings were also actively supported by the founder of the service Pavel Durov, whose fortune Forbes estimates at $ 1.7 billion.

“Sometimes they say that Telegram was blocked in Russia, because” the law is the law. ” However, Telegram is blocked in Russia in defiance of the country’s main law – the Constitution. Decisions of courts and laws that contradict the Constitution are not valid. And this means that the blocking of Telegram itself is illegal, “Durov declared.

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