FIFTH SECTION
DECISION
Application no. 13612/20
Oleksandra Andriyivna KUZMENKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 16 October 2025 as a Committee composed of:
Andreas Zünd, President,
Diana Sârcu,
Mykola Gnatovskyy, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 3 March 2020,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Oleksandra Andriyivna Kuzmenko, was born in 1990 and lives in Berdyansk, which is currently not controlled by Ukraine.
The applicant was represented by Mr R.Y. Ozyumenko, a lawyer.
The applicant’s complaints under Article 6 § 1 of the Convention concerning denial of access to a higher court in her civil case were communicated to the Ukrainian Government, who submitted their observations.
By a letter sent on 26 September 2024 via the Court’s Electronic Communications Service (eComms), the applicant was invited to submit her comments in reply, but the letter was not downloaded. The Registry’s numerous attempts to reach her and her representative by phone were unsuccessful. Maintaining contact with the applicant or her representative by post is impossible as the postal services do not operate in the occupied territories of Ukraine.
THE LAW
The Court notes that all the available means to contact the applicant have been tried without success. The applicant did not provide the Court with any new contact information which could have allowed the Court to conduct further proceedings.
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 application (see Bryska and Others v. Ukraine [Committee] (dec.), no. 11706/13 and 5 others, 2 November 2023, and Zhadan and Others v. Ukraine [Committee] (dec.), no. 29283/13 and 26 others, 14 December 2023).
The Court, however, reiterates that under Article 37 § 2 of the Convention it may decide to restore the application to its list of cases if it considers that the circumstances justify such a course.
Accordingly, 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.
Done in English and notified in writing on 13 November 2025.
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Viktoriya Maradudina Andreas Zünd
Acting Deputy Registrar President