FIFTH SECTION
DECISION
Application no. 26996/09
Lyudmyla Vyacheslavivna MYRONCHUK
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 21 September 2017 as a Committee composed of:
Nona Tsotsoria, President,
Gabriele Kucsko-Stadlmayer,
Lәtif Hüseynov, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 25 April 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Lyudmyla Vyacheslavivna Myronchuk, was born in 1950 and lives in Kremenchuk.
The applicant’s complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits.
By a letter of 27 October 2016, which remained unanswered, the applicant was requested to submit her comments in reply to the Government’s observations.
By letters dated 31 January and 13 April 2017, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 5 December 2016 and that no extension of time had been requested. The applicant’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. 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 12 October 2017.
Liv TigerstedtNona Tsotsoria
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy