FIFTH SECTION
DECISION
Application no. 34182/20
Mykhaylo Volodymyrovych PORTNOV
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 19 May 2022 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Ivana Jelić,
Kateřina Šimáčková, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 4 August 2020,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Mykhaylo Volodymyrovych Portnov, was born in 1967. He was represented by Mr V.V. Kushnir, a lawyer practising in Dnipro.
The applicant’s complaints under Articles 6 and 8 of the Convention concerning his dismissal from the civil service were communicated to the Ukrainian Government (“the Government”).
By the letter of 16 April 2021, the applicant’s representative was invited to submit the observations on behalf of the applicant, together with any claims for just satisfaction. No reply was received to the Registry’s letter.
By letters dated respectively 28 July 2021, sent through the Court’s Electronic Communications Service (eComms), and 9 December 2021, sent by registered post, the applicant’s lawyer was notified that the period allowed for submission of the applicant’s observations, had expired on 10 May 2021 and that no extension of time had been requested. His 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 Court’s correspondence sent through eComms was downloaded by the applicant’s lawyer on 28 July 2021 and he received the Court’s letter, dated 9 December 2021, on 31 December 2021. However, no response has followed.
THE LAW
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.
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 15 September 2022.
Viktoriya Maradudina Stéphanie Mourou-Vikström
Acting Deputy Registrar President