ZHERDEV v. UKRAINE - 34015/07 (Judgment : Non-pecuniary damage - award : Fifth Section) [2018] ECHR 87 (25 January 2018)

ZHERDEV v. UKRAINE - 34015/07 (Judgment : Non-pecuniary damage - award : Fifth Section) [2018] ECHR 87 (25 January 2018)

The applicant died before the judgment was adopted; revision is warranted under Rule 80, and the awarded sums should be paid to the heirs.

Citation
[2018] ECHR 87
Parties
Applicant: Artyom Leonidovich Zherdev; Respondent: Ukraine; Heir: Leonid Zherdev; Heir: Iryna Zherdeva
Jurisdiction
European Union
Judgment Date
25 January 2018
Procedural Posture
Revision of Judgment / Post Judgment Revision
Outcome
judgment revised; sums awarded to heirs
Legal Topics
Revision of Judgment, Just Satisfaction, Death of Applicant, Award to Heirs
Human Rights Civil Procedure Revision of Judgment Just Satisfaction Death of Applicant Award to Heirs

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Parties

Artyom Leonidovich Zherdev

Applicant

Ukraine

Respondent

Leonid Zherdev

Heir

Iryna Zherdeva

Heir

Procedural Posture

Revision of Judgment / Post Judgment Revision

Legal Issues

  1. 1 Should the judgment be revised due to the applicant's death before adoption?
  2. 2 Who should receive the sums awarded to the deceased applicant?

Ratio Decidendi

The applicant died before the judgment was adopted; revision is warranted under Rule 80, and the awarded sums should be paid to the heirs.

Court Disposition

judgment revised; sums awarded to heirs

Orders

  • Respondent State to pay EUR 8,000 for non-pecuniary damage to heirs within three months.
  • Respondent State to pay EUR 2,150 for costs and expenses to applicant's lawyer within three months.