FIFTH SECTION
CASE OF KOTUGIN AND OTHERS v. RUSSIA
(Applications nos. 33736/22 and 31 others -
see appended list)
JUDGMENT
STRASBOURG
27 June 2024
This judgment is final but it may be subject to editorial revision.
In the case of Kotugin and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Kateřina Šimáčková,
Stephane Pisani, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 6 June 2024,
Delivers the following judgment, which was adopted on that date:
1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on the various dates indicated in the appended table.
2. The Russian Government ("the Government") were given notice of the applications.
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the disproportionate measures taken against them as participants of nationwide protests against the Russian military attack on Ukraine. They also raised other complaints under the provisions of the Convention.
THE LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68-73, 17 January 2023).
7. The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies, namely their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. They relied, expressly or in substance, on Article 11 of the Convention.
8. The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius and Others v. Lithuania [GC], no. 37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v. Turkey, no. 74552/01, ECHR 2006-XIV, and Hyde Park and Others v. Moldova, no. 33482/06, 31 March 2009).
9. In the leading cases of Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, the Court already found a violation in respect of issues similar to those in the present case.
10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicants' freedom of assembly were not "necessary in a democratic society".
11. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.
12. The applicants submitted other complaints which also raised issues under the Convention and its Protocols, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible.
13. Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocols in the light of its findings in Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); and Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention.
14. Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative-offence proceedings. In view of the findings above, the Court considers that there is no need to deal separately with these remaining complaints.
15. Regard being had to the documents in its possession and to its case-law (see, in particular, Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 4 October 2022), the Court finds it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 27 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina María Elósegui
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 11 of the Convention
(disproportionate measures against organisers and participants of public assemblies)
Application no. Date of introduction | Applicant's name Year of birth
| Representative's name and location | Name of the public event Location Date | Administrative / criminal offence | Penalty | Final domestic decision Court Name Date | Other complaints under well-established case-law | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1] | |
23/06/2022 | Vadim Valeryevich KOTUGIN 1996 | Baranova Natalya Andreyevna Moscow | Anti-war protest
St Petersburg
06/03/2022 | article 20.2 § 6.1 of CAO | detention for 10 days | St Petersburg City Court 31/03/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.05 p.m. on 06/03/2022 until 2.11 p.m. on 07/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
| 5,000 | |
20/06/2022 | Danil Vladimirovich SHAKUN 1996 | Bochilo Anna Yevgenyevna Barnaul | Anti-war protest
Rostov-on-Don
06/03/2022 | article 19.3 § 1 of CAO | detention for 15 days | Rostov Regional Court 19/03/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 6.10 p.m. on 06/03/2022 until 11 a.m. on 07/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO . | 5,000 | |
07/07/2022 | Sergey Ivanovich KONSTANTINOV 1979 | Bochilo Anna Yevgenyevna Barnaul | Anti-war protest
Moscow
06/03/2022 | article 19.3 § 1 of CAO | detention for 10 days | Moscow City Court 14/03/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.30 p.m. on 06/03/2022 until 10.10 a.m. on 07/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
| 5,000 | |
26/07/2022 | Anna Viktorovna TRUTYAYEVA 1986 | Baranova Natalya Andreyevna Moscow | Anti-war protest
St Petersburg
27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | St Petersburg City Court 29/03/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.20 p.m. on 27/02/2022 until 4.30 a.m. on 28/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings . | 4,000 | |
11/08/2022 | Vyacheslav Sergeyevich GORDIYENKO 1997 | Baranova Natalya Andreyevna Moscow | Anti-war protest
St Petersburg
06/03/2022 | article 20.2 § 6.1 of CAO | detention for 10 days | St Petersburg City Court 14/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.05 p.m. on 06/03/2022 until the first instance court hearing on 07/03/2022 at 1.10 p.m.;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
| 5,000 | |
02/08/2022 | Dmitriy Aleksandrovich POYMANOV 1994 | Baranova Natalya Andreyevna Moscow | Anti-war protest
St Petersburg
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | St Petersburg City Court 12/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5 p.m. on 06/03/2022 until the first instance court hearing on 07/03/2022 at 4.30 p.m.;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings . | 4,000 | |
08/08/2022 | Dmitriy Aleksandrovich DAVYDOV 1992 | Baranova Natalya Andreyevna Moscow | Anti-war protest
Arkhangelsk
06/03/2022 | article 19.3 § 1 of CAO | fine of RUB 2,000 | Arkhangelsk Regional Court 17/04/2022 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
02/08/2022 | Alena Aleksandrovna PALATCHENKO 1988 | Baranova Natalya Andreyevna Moscow | Anti-war protest
St Petersburg
25/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | St Petersburg City Court 05/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.50 p.m. on 25/02/2022 until the first instance court hearing on 26/02/2022 at 7.20 p.m.;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings . | 4,000 | |
18/08/2022 | Andrey Aleksandrovich PERMYAKOV 1990 | Bushmakov Aleksey Vladimirovich Yekaterinburg | Anti-war protest
Yekaterinburg
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 12,000 | Sverdlovsk Regional Court 08/06/2022 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings . | 4,000 | |
25/08/2022 | Alena Denisovna SMIRNOVA 2002 | Kulikov Sergey Sergeyevich Nizhniy Novgorod | Anti-war protest
Nizhniy Novgorod
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 27/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.10 p.m. on 06/03/2022 until the first instance court hearing on 07/03/2022 at 5.40 p.m.;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
10/09/2022 | Eldar Damirovich MURATOV 1983 | Lapuzin Aleksey Sergeyevich Samara | Anti-war protest
Samara
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Samara Regional Court 12/05/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3 p.m. until 10.10 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
15/09/2022 | Yevgeniy Romanovich KAN 1983 | Valiulin Sergey Aleksandrovich Vladivostok | Anti-war protest
Vladivostok
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Primorye Regional Court 16/05/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
07/09/2022 | Valentin Andreyevich MARKIN 1992 |
| Anti-war protest
Samara
27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Samara Regional Court 19/05/2022 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 27/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
13/09/2022 | Mikhail Aleksandrovich YEVSTIFEYEV 1999 | Kulikov Sergey Sergeyevich Nizhniy Novgorod | Anti-war protest
Nizhniy Novgorod
06/03/2022 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 18/05/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.10 p.m. on 06/03/2022 until the first instance court hearing on 07/03/2022 at 6 p.m.;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings . | 4,000 | |
14/09/2022 | Pavel Aleksandrovich MATYUKHIN 1989 | Vasilchenko Olesya Anatolyevna Minyar | Anti-war protest
St Petersburg
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | St Petersburg City Court 17/05/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5 p.m. until 9.10 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
14/09/2022 | Aleksandra Alekseyevna NAMESTNIKOVA 2000 | Vasilchenko Olesya Anatolyevna Minyar | Anti-war protest
St Petersburg
06/03/2022 | article 20.2 § 5 of CAO | 30 hours of community work | St Petersburg City Court 24/05/2022 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
16/09/2022 | Yekaterina Alesevna KLESHCHENKO 1997 | Tregubova Yuliya Mikhaylovna Balashikha | Anti-war protest
Moscow
25/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 27/07/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.50 p.m. on 25/02/2022 until 6.30 a.m. on 26/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
15/09/2022 | Sergey Aleksandrivich SAFONOV 1986 | Kulikov Sergey Sergeyevich Nizhniy Novgorod | Anti-war protest
Nizhniy Novgorod
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 18/05/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3 p.m. on 06/03/2022 until 1.30 p.m. on 07/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
13/09/2022 | Olga Alekseyevna BAZHENOVA 1997 | Kulikov Sergey Sergeyevich Nizhniy Novgorod | Anti-war protest
Nizhniy Novgorod
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 22/06/2022 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
15/09/2022 | Darya Mikhaylovna KUZMINA 1994 | Kulikov Sergey Sergeyevich Nizhniy Novgorod | Anti-war protest
Nizhniy Novgorod
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 5,000 | Nizhniy Novgorod Regional Court 22/06/2022 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings . | 4,000 | |
15/09/2022 | Karen Rubenovich DANIYELYAN 2003 | Baranova Natalya Andreyevna Moscow | Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 05/07/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
22/09/2022 | Yevgeniya Valeryevna KAMINSKAYA 1985 | Bochilo Anna Yevgenyevna Barnaul | Anti-war protest
Nizhniy Novgorod
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Nizhniy Novgorod Regional Court 25/05/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.25 p.m. on 24/02/2022 until 2.55 p.m. on 25/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
19/09/2022 | Yevgeniy Gennadyevich PANKRATYEV 1975 | Baranova Natalya Andreyevna Moscow | Anti-war protest
Moscow
27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 21/06/2022 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 27/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
16/09/2022 | Nataliya Pavlovna KRYUKOVA 1996 | Baranova Natalya Andreyevna Moscow | Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 19/07/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.50 p.m. until 8.08 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
30/09/2022 | Nikita Dmitriyevich MILUSHKIN 1996 | Zinovyev Konstantin Mikhaylovich Nizhniy Novgorod | Anti-war protest
Nizhniy Novgorod
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Nizhniy Novgorod Regional Court 01/06/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.10 p.m. on 06/03/2022 until 1 a.m. on 07/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 4,000 | |
02/10/2022 | Kseniya Igorevna KRIKUNENKO 1998 | Rudneva Daria Moscow | Anti-war protest
Moscow
27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 03/06/2022 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 27/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
30/09/2022 | Yuliya Yevgenyevna SEMIGODOVA 1990 | Mikhaylova Varvara Dmitriyevna St Petersburg | Anti-war protest
Nizhniy Novgorod
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 01/06/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.10 p.m. on 06/03/2022 until the first instance court hearing on 07/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
12/10/2022 | Raksana Dalerovna ILNAZAROVA 1995 | Bochilo Anna Yevgenyevna Barnaul | Anti-war protest
Perm
24/02/2022 | article 20.2 § 5 of CAO | 30 hours of community work | Perm Regional Court 22/06/2022 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 24/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
25/09/2022 | Aleksandr Nikolayevich VOLNUSHKIN 1960 | Sozonov Ruslan Vladimirovich Nizhniy Novgorod | Anti-war protest
Nizhniy Novgorod
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 25/05/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.40 p.m. on 24/02/2022 until 12.30 p.m. on 25/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
14/10/2022 | Uliana Aleksandrovna VOLOKHOVA 1989 |
| Anti-war protest
Moscow
26/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 15/06/2022 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 26/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
26/10/2022 | Darya Andreyevna ZUBKOVA 2001 | Baranova Natalya Andreyevna Moscow | Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 01/07/2022 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
17/10/2022 | Mariya Aleksandrovna YEGOROVA 1983 |
| Anti-war protest
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 17/06/2022 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 24/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 |
[1] Plus any tax that may be chargeable to the applicants.