FIFTH SECTION
DECISION
Application no. 63937/14
Leonid Afanasiyovych BILKOVSKYY
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 4 April 2019 as a Committee composed of:
Síofra O’Leary, President,
Mārtiņš Mits,
Lado Chanturia, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 11 September 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Leonid Afanasiyovych Bilkovskyy, was born in 1954 and lives in Netishyn.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the lack of opportunity to comment on the appeal were communicated to the Ukrainian Government (“the Government”).
By letter dated 8 January 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired and he was given a new deadline to submit them by 19 February 2019. He was further informed that, in case of failure to reply, the Court might conclude that he was no longer interested in pursuing the application and decide to strike it out of its list of cases. The letter was returned to the Registry undelivered on 5 March 2019 and labelled “unknown” (inconnu).
THE LAW
In the light of the foregoing, the Court concludes that the applicant, whose last correspondence dates back to 2014, may be regarded as no longer wishing to pursue the application (Article 37 § 1 (a) of the Convention). Furthermore, 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 the Protocols thereto which require the continued examination of the application.
Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 9 May 2019.
Liv TigerstedtSíofra O’Leary
Acting Deputy RegistrarPresident
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