The case originated in an application (no. 42267\/15) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by a Russian national, Mr Ivan Ivanovich Paliy (\u201cthe applicant\u201d), on 5 August 2015.<\/p>\n
THIRD SECTION This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Paliy v. Russia (request for revision of the judgment of 14\u00a0December 2021),<\/strong><\/p>\n The European Court of Human Rights (Third Section), sitting as a Committee composed of:<\/p>\n Mar\u00eda El\u00f3segui, President, Having deliberated in private on 26 April 2022,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in an application (no.\u00a042267\/15) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by a Russian national, Mr\u00a0Ivan Ivanovich Paliy (\u201cthe applicant\u201d), on 5\u00a0August 2015.<\/p>\n 2. In a judgment delivered on 14\u00a0December 2021, the Court held that there had been a violation of Article\u00a06 of the Convention and Article\u00a01 of Protocol\u00a0No.\u00a01 to the Convention on account of the non-enforcement of the final judgment in the applicant\u2019s favour. The Court also decided to award the applicant 7,020 euros (EUR) for pecuniary damage and EUR\u00a02,000 for non\u2011pecuniary damage, and dismissed the remainder of the claims for just satisfaction.<\/p>\n 3. By a letter of 2\u00a0December 2021 the applicant\u2019s representative informed the Court that the applicant had died on 12\u00a0July 2021. Accordingly, she requested that Ms Olga Dmitriyevna Paliy, the applicant\u2019s widow and heir, be admitted as his legal successor. The letter was accompanied by a death certificate and a certificate on heirship.<\/p>\n 4. On 25\u00a0January 2022 the Court examined that letter, decided to consider it as an implicit request for revision of the judgment and to communicate it to the Government for comments. In a letter of 10\u00a0March 2022 the Government informed the Court that they did not object to admitting the applicant\u2019s heir as his legal successor.<\/p>\n THE LAW<\/p>\n THE REQUEST FOR REVISION<\/strong><\/p>\n 5. The Court notes from the documents submitted that Ms\u00a0Olga Dmitriyevna Paliy is the applicant\u2019s heir. Therefore, it considers that she has standing to receive the sums awarded in the judgment in her deceased husband\u2019s favour.<\/p>\n 6. Referring to its well-established case-law (see, among many other authorities, Nosov and Others v.\u00a0Russia (revision), nos.\u00a09117\/04 and 10441\/04, 15\u00a0January 2015; Dzhabrailovy v.\u00a0Russia (revision), no.\u00a068860\/10, 4\u00a0February 2016; Zherdev v.\u00a0Ukraine (revision), no.\u00a034015\/07, 25\u00a0January 2018; and Tkachenko v.\u00a0Russia (revision), no.\u00a028046\/05, 10\u00a0November 2020), the Court considers that the judgment of 14\u00a0December 2021 should be revised pursuant to Rule 80 of the Rules of Court, the relevant parts of which provide:<\/p>\n \u201cA party may, in the event of the discovery of a fact which might by its nature have a decisive influence and which, when a judgment was delivered, was unknown to the Court and could not reasonably have been known to that party, request the Court … to revise that judgment.<\/p>\n …\u201d<\/p>\n 7. It accordingly decides to award Ms Olga Dmitriyevna Paliy the amounts it previously awarded to the deceased applicant, namely EUR\u00a07,020 for pecuniary damage and EUR\u00a02,000 for non-pecuniary damage.<\/p>\n 8. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Decides to revise its judgment of 14\u00a0December 2021;<\/p>\n and accordingly<\/p>\n 2. Holds<\/p>\n (a) that the respondent State is to pay Ms\u00a0Olga Dmitriyevna Paliy, the heir of Mr Ivan Ivanovich Paliy, within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement:<\/p>\n (i) EUR 7,020 (seven thousand twenty euros), plus any tax that may be chargeable, in respect of pecuniary damage;<\/p>\n (ii) EUR 2,000 (two thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;<\/p>\n (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.<\/p>\n Done in English, and notified in writing on 17 May 2022, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and 3 of the Rules of Court.<\/p>\n Olga Chernishova \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Mar\u00eda El\u00f3segui
\nCASE OF PALIY v. RUSSIA<\/strong>
\n(Application no. 42267\/15)<\/em>
\nJUDGMENT
\n(Revision)
\nSTRASBOURG
\n17 May 2022<\/p>\n
\nDarian Pavli,
\nFr\u00e9d\u00e9ric Krenc, judges,
\nand Olga Chernishova, Deputy Section Registrar,<\/p>\n
\nDeputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n