FIFTH SECTION
DECISION
Application no. 68918/14
Oleg Valeriyovych LEVITAS against Ukraine
and 4 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 20 January 2022 as a Committee composed of:
Lətif Hüseynov, President,
Lado Chanturia,
Arnfinn Bårdsen, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applications is set out in the appendix.
The applicants’ complaints under Article 1 of Protocol No. 1 concerning a disproportionate interference with their property rights 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 own observations. No reply was received to the Registry’s letters.
By letters dated 5 May 2021, sent by registered post, the applicants’ representatives were notified that the period allowed for submission of the applicants’ observations had expired on 24 November 2020 and that no extension of time had been requested. Their 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. One of the representatives (application no. 75606/14) received the letter on 9 June 2021. However, no response followed. The letters to the other applicants’ representatives returned to the Court on 20 August 2021 following unsuccessful attempts to deliver them.
THE LAW
The Court decides to join the applications given their similar procedural background.
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 10 February 2022.
Viktoriya Maradudina Lətif Hüseynov
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 1 of Protocol No. 1 to the Convention.
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Represented by
1.
68918/14
Levitas v. Ukraine
16/10/2014
Oleg Valeriyovych LEVITAS
1980
Brooklyn
Ruslan Valeriyovych KVITIN
2.
71559/14
Khyenkin v. Ukraine
27/10/2014
Gennadiy Yukhymovych KHYENKIN
1967
Haifa
Ruslan Valeriyovych KVITIN
3.
75606/14
Antonyuk v. Ukraine
12/01/2015
Oleksandr Ivanovych ANTONYUK
1959
Kyiv
Ruslan Khazyeinovich MAMEDOV
4.
78615/14
Omar v. Ukraine
06/12/2014
Shamoun OMAR
1982
Odesa
Yuliya Mykolayivna TYMCHYNSKA
5.
2442/15
Sheykhetov v. Ukraine
23/12/2014
Stanislav Markovych SHEYKHETOV
1970
Kyiv
Lyudmyla Ivanivna OSYKINA