FIFTH SECTION
DECISION
Application no. 77829/13
Oleksiy Ivanovych MUDRIYEVSKYY
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 21 March 2019 as a Committee composed of:
Síofra O’Leary, President,
Mārtiņš Mits,
Lado Chanturia, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 21 November 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Oleksiy Ivanovych Mudriyevskyy, was born in 1935 and lives in Kirovograd.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the lack of opportunity to comment on the appeal were communicated to the Ukrainian Government (“the Government”).
By letter dated 8 October 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired and was given a new deadline to submit them by 20 November 2018. He was further informed that, in case of his failure to reply, the Court might conclude that he was no longer interested in pursuing the application and decide to strike it out of its list of cases. According to the postal tracking system the letter was delivered on 29 October 2018. However, no response has been received.
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 11 April 2019.
Liv TigerstedtSíofra O’Leary
Acting Deputy RegistrarPresident
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