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This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:
Mr P. Lorenzen, President , Mrs S. Botoucharova, Mr K. Jungwiert, Mr V. Butkevych, Mrs M. Tsatsa-Nikolovska, Mr R. Maruste, Mr M. Villiger, judges , and Mrs C. Westerdiek, Section Registrar ,
The case originated in an application (no. 31585/02) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Ukrainian national, Mr Aleksandr Isaakovich Benyaminson (“the applicant”), on 26 July 2002.
The applicant died on 14 November 2004. On 5 February 2005 his partner and sole heir, Ms Nadezhda Stepanovna Cherkassova, expressed the wish to continue the proceedings before the Court on the applicant's behalf. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev.
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