FIFTH SECTION
DECISION
Application no. 16934/12
Ivan Ivanovich LYAGUSHA
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 6 June 2019 as a Committee composed of:
Yonko Grozev, President,
Ganna Yudkivska,
André Potocki, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 13 March 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ivan Ivanovich Lyagusha, was born in 1957 and lives in Bilytske, the Donetsk Region.
He was represented before the Court by Ms R.V. Danilyuk, a lawyer practising in Myrnograd.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the lack of reasons in the domestic courts’ decisions were communicated to the Ukrainian Government (“the Government”).
By letter dated 15 October 2018, sent by registered post, the applicant’s representative was notified that the period allowed for submission of the applicant’s observations on admissibility and merits of the application had expired on 12 July 2018 and that no extension of time had been requested. The applicant’s representative’s 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 was returned undelivered on 14 January 2019, the applicant’s representative having failed to collect it from the post office.
THE LAW
In the light of the foregoing, the Court concludes that the applicant 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 27 June 2019.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident
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