SHCHERBYNA AND OTHERS v. UKRAINE

FIFTH SECTION

DECISION

Application no. 30798/21
Andriy Vasylyovych SHCHERBYNA against Ukraine
and 2 other applications

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 13 June 2024 as a Committee composed of:

 Carlo Ranzoni, President,
 Mārtiņš Mits,
 María Elósegui, 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 applicants is set out in the appendix.

The applicants’ complaints under Article 6 § 1 of the Convention concerning the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings 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 4 September 2023, sent through the Court’s Electronic Communication Service (eComms), the applicants were notified that the period allowed for submission of their observations had expired and that no extension of time had been requested. The applicants’ 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 applicants downloaded these letters on the eComms platform on different dates, as indicated in the appended table. However, no response has followed.

THE LAW

Having regard to the similar procedural conduct of the applicants, the Court finds it appropriate to examine the applications jointly in a single decision.

In the light of the foregoing, the Court concludes that the applicants may be regarded as no longer wishing to pursue the applications (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 applications.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 4 July 2024.

 Viktoriya Maradudina Carlo Ranzoni
 Acting Deputy Registrar President

APPENDIX

List of applications