AGAT, MKP AND SHARAPOV v. UKRAINE

FIFTH SECTION

DECISION

Applications nos. 72486/17 and 2425/19
AGAT, MKP against Ukraine
and Yevgen Volodymyrovych SHARAPOV against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 5 June 2025 as a Committee composed of:

 María Elósegui, President,
 Andreas Zünd,
 Mykola Gnatovskyy, judges,
and Martina Keller, Deputy Section Registrar,

Having regard to:

the applications against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by the applicants listed in the appended table (“the applicants”), on the various dates indicated therein;

Having deliberated, decides as follows:

FACTS AND PROcedure

1.  The applicant company is located in Oleshky which has been occupied by the Russian forces since March 2022. The address of the applicant company’s representative is also in Oleshky.

2.  In 2008 the Oleshky District State Administration granted the applicant company the right to permanently use a plot of land. In November 2008 the Oleshky District State Administration transferred the property title to the plot to a third party. The applicant company challenged this decision before the courts, but to no avail.

3.  The applicant company complained that the courts found against it and that the property title had been transferred to a third party. It invoked Article 6 of the Convention and Article 1 of Protocol No. 1.

4.  The last known addresses of the applicant and his representative are in Rubizhne which has been occupied by the Russian forces since March 2022. On an unspecified date the applicant moved to Israel, but his postal address there remains unknown.

5.  On 28 March 2007 the applicant was beaten up by unknown persons in Luhansk Region. On 30 March 2007 his mother requested that the prosecutors institute a criminal investigation into the attack. The criminal investigation remained pending as of 14 December 2018 when the applicant’s mother, acting as his representative, lodged the application with the Court.

6.  The applicant complained about the length and ineffectiveness of the investigation. He invoked Articles 3, 4, 6, 13 and 14 of the Convention.

THE LAW

7.  The Court finds it appropriate to examine the applications jointly in a single decision.

8.  In so far as application no. 72486/17 is concerned, the Court notes that the applicant company’s and its representative’s addresses are in Oleshky, which has been outside the Ukrainian Government’s control since March 2022. As regards application no. 2425/19, the Court notes that the applicant lives in Israel and that his exact address there is unknown. His representative lives in Rubizhne, which has been outside the control of the Ukrainian Government since March 2022.

9.  The Registry’s attempts to contact the applicants’ representatives using email addresses they provided have been futile.

10.  Having regard to the Court’s decisions striking out the applications against Ukraine in which there was a lack of communication with certain applicants since the full‑scale military attack launched by the Russian Federation against Ukraine on 24 February 2022 (see Bryska and Others v. Ukraine (dec.) [Committee], nos. 11706/13 and 5 others, 2 November 2023) and Zhadan and Others v. Ukraine (dec.) [Committee], nos. 29283/13 and 26 others, 14 December 2023), the circumstances of the present cases justify striking them out of its list (Article 37 § 1 (a) of the Convention).

11.  In accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the applications.

12.  The Court once again reiterates, as it did in Bryska and Others, and Zhadan and Others, cited above, that under Article 37 § 2 of the Convention it may decide to restore an application to its list of cases if it considers that the circumstances justify such a course.

13.  In view of the foregoing, it is appropriate to strike the applications out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases.

Done in English and notified in writing on 26 June 2025.

 Martina Keller María Elósegui
 Deputy Registrar President

Appendix

List of cases:

No.

Application no.

Applicant
Year of Birth
Place of Residence
Nationality

Representative

1.

72486/17

AGAT, MKP
1997
Oleshky (Kherson Region)
Ukrainian

NYKYFOROV Oleksandr Eduardovych

Oleshky (Kherson Region)

2.

2425/19

Yevgen Volodymyrovych SHARAPOV
1982
initially lived in Rubizhne (Luhansk Region), moved to Israel on an unknown date
Ukrainian

SHARAPOVA

Tetyana Yevgenivna

Rubizhne (Luhansk Region)