KOZHUSHKO AND PASHCHENKO v. UKRAINE

FIFTH SECTION

DECISION

Application no. 57078/14
Rostyslav Pavlovych KOZHUSHKO against Ukraine
and 1 other application

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 21 November 2024 as a Committee composed of:

 Diana Sârcu, President,
 Kateřina Šimáčková,
 Mykola Gnatovskyy, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on 6 August 2014,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix.

The applicants are husband and wife residing in Canada. The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention concerning the confiscation of undeclared money by the Ukrainian customs authorities were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their observations. No reply was received to the Registry’s letters.

By letters dated 25 January 2024, sent through the Court’s Electronic Communications Service (eComms), the applicants were notified that the period allowed for submission of their observations had expired on 19 December 2023 and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The letter in application no. 57078/14 was downloaded on 25 January 2024. However, no response has been received. The letter in application no. 57082/14 was not downloaded.

THE LAW

Having regard to the similar procedural conduct of the applicants, the Court finds it appropriate to examine the applications jointly in a single decision.

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.

Accordingly, the cases should be struck 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 12 December 2024.

 Viktoriya Maradudina Diana Sârcu
 Acting Deputy Registrar President

APPENDIX

List of applications