FIFTH SECTION
DECISION
Application no. 55410/08
Nikolay Stepanovich KOZLOV
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 21 May 2013 as a Committee composed of:
Angelika Nußberger, President,
Ganna Yudkivska,
André Potocki, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 31 October 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Nikolay Stepanovich Kozlov, was a Ukrainian national, who was born in 1927 and lived in Pogrebyshche in the Vinnytsia Region.
The Ukrainian Government (“the Government”) were represented by their Agent, Mr N. Kultchytskyy, of the Ministry of Justice.
The applicant mainly complained of the prolonged non-enforcement of the domestic decisions in his favour. The complaint under Article 6 § 1 was communicated to the Government.
By letter dated on 27 May 2011, the Government informed the Registry that the applicant had died. A copy was sent to the applicant’s designated address for any comment. No reply was received.
By letter sent on 9 November 2012 by registered post to the deceased applicant’s address preceded by the mention “To whom it may concern”, the Registry notified the reader that no reply had been received to the Court’s previous correspondence and a new time-limit for any comment was given. The recipient’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case 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 reached the destination on 21 November 2012. However, no response has been received.
THE LAW
The Court notes that the applicant has died and that no heir has declared that they wished to pursue the application. In the circumstances, it finds that it is no longer justified to continue the examination of the application pursuant to Article 37 § 1 (c) 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 its Protocols which require the continued examination of the cases.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Stephen PhillipsAngelika Nußberger
Deputy RegistrarPresident
Full & Egal Universal Law Academy