The flight ban for Russian citizens covers flying of drones
Supreme Court judgment 29 June 2023, HR-2023-1246-A (case no. 23-037489STR-HRET), criminal case, appeal against judgment.
The Public Prosecution Authority (Counsel Jan Fredrik Glent) v. A (Counsel John Christian Elden)
A British-Russian citizen was charged with having flown drones over Svalbard, see section 4 see section 2 of the Sanctions Act, see section 22 see section 19 of the Sanctions Regulations. He was acquitted by the District Court and the Court of Appeal. The Supreme Court started from the fact that section 19 subsection 1 of the Sanctions Regulations implements the EU's Council Regulation (EU) 833/2014 on restrictive measures against Russia. The flight ban in the Norwegian Sanctions Regulations must therefore be understood in accordance with the corresponding provision in Article 3d (1) of the Council Regulation. After a closer interpretation of the Council Regulation, the Supreme Court's majority of three justices found that drones fall under the term "aircraft", and that the flight ban's alternative aimed at "any non-Russian-registered aircraft" does not imply a requirement that the aircraft must be registered. The prohibition covers unmanned and unregistered aircraft, including drones as in this case. It also covers Russian citizens' use of the airspace for recreational purposes. The requirements for a clear legal basis in criminal law were met. Two justices dissented, and found that the prohibition did not cover the drone flying in question. The acquittals by the Court of Appeal and the District Court were set aside. Dissenting opinions 3-2.
Area of law: Regulations on sanctions against Russia
Key paragraphs: 41, 42, 96 og 97
Justices: Indreberg, Høgetveit Berg, Steinsvik, Sæther og konstituert dommer Remen