FIFTH SECTION
DECISION
Application no. 305/12
Igor Viktorovych SKLYAROV
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 21 January 2021 as a Committee composed of:
Ivana Jelić, President,
Ganna Yudkivska,
Arnfinn Bårdsen, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 8 December 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Igor Viktorovych Sklyarov, was born in 1965.
The applicant’s complaint under Article 6 § 1 of the Convention about lack of access to a cassation court in a civil case to which he was a party was communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letter dated 15 January 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 10 December 2018 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.
According to the delivery slip, the applicant received the Registry’s letter on 31 January 2019. However, no response has been received.
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 11 February 2021.
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Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy