FIFTH SECTION
DECISION
Application no. 48195/08
Vasyl Andriyovych IVANETS against Ukraine
and 33 other applications
(see appended tables)
The European Court of Human Rights (Fifth Section), sitting on 7 June 2018 as a Committee composed of:
Yonko Grozev, President,
Gabriele Kucsko-Stadlmayer,
Lәtif Hüseynov, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended tables,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and the relevant details of the applications are set out in the appended tables.
The applicants’ complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”), who submitted their observations on the admissibility and merits in the majority of cases.
Applications set out in Appendix 1
Application no. 48195/08
By a letter of 12 May 2015 the applicant was requested to inform the Court about recent developments in his case; however, no reply was received by the Court.
By a letter dated 23 May 2017, sent by registered post, the applicant was notified that no reply had been received to the Court’s previous correspondence and a new time-limit for any comment, until 20 June 2017, was given. The applicant’s attention was drawn to the fact 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. That letter was delivered to the applicant’s address on 3 June 2017. No reply has been received by the Court.
Application no. 12321/13
The Government’s observations of 21 May 2014 that were sent to the applicant came back to the Court with the mention “died” (décédé) on the envelope.
By a letter sent on 24 January 2017 by registered post to the applicant’s address, the Registry notified that no reply had been received to the Court’s previous correspondence and a new time-limit for any comment, until 21 February 2017, was given. The recipient’s attention was drawn to the fact that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The letter was delivered to the applicant’s address on 31 January 2017. No reply has been received by the Court.
Remaining applications set out in Appendix 1
On the various dates indicated in Appendix 1 the Government informed the Court that the applicants had died. Copies of the Government’s letters were sent to the applicants’ addresses for any comment. However, no replies were received by the Court.
By registered letters sent on the dates indicated in Appendix 1 to the deceased applicants’ addresses, the Registry notified that no reply had been received to the Court’s previous correspondence, established a new time-limit for any comments and warned of the possibility that the case might be struck out of the Court’s list. All letters were returned to the Court undelivered with the envelopes marked “unclaimed” (applications nos. 20436/13, 42132/13, 67204/13, 68412/13, 1045/14 and 70258/14) or with the mentions “died” and “unknown” (applications nos. 65015/13 and 79901/13). In applications nos. 26509/13, 53593/13, 57661/13, 72554/13, 73653/13, 75893/13, 938/14, 2026/14, 3145/14, 14832/14, 15158/14, 15899/14, 22576/14 and 58856/14 the Court’s letters were delivered to the addresses of the deceased applicants, however, no replies have been received by the Court.
Applications set out in Appendix 2
On the various dates indicated in Appendix 2 the applicants or their representatives informed the Court that the applicants did not intend to pursue their applications before the Court.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
In the light of the above information, the Court concludes that the applicants may be regarded as no longer wishing to pursue their 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.
Accordingly, the cases should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 28 June 2018.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident
Appendix 1
No.
Application no. and date of introduction
Applicant name
date of birth
place of residence
nationality
Date of the observations of the Government, if submitted
Date of the registered letter sent to the Applicant’s address
48195/08
18/09/2008
Vasyl Andriyovych IVANETS
17/05/1946
Kozelets
Ukrainian
23/05/2017
12321/13
07/02/2013
Leonid Fedorovych SHATKIVSKYY
07/10/1957
Chudniv
Ukrainian
21/05/2014
24/01/2017
20436/13
07/03/2013
Ganna Mykolayivna VINTONYAK
25/08/1943
Pniv
Ukrainian
20/11/2015
23/01/2017
26509/13
03/04/2013
Ivan Oleksiyovych LAKHVA
16/10/1943
Nadvirna
Ukrainian
20/11/2015
23/01/2017
42132/13
20/06/2013
Petro Pylypovych SIMAK
13/09/1938
Boyarka
Ukrainian
26/03/2014
24/01/2017
53593/13
06/08/2013
Yevgen Omelyanovych BRATOVNYK
05/10/1938
Utoropy
Ukrainian
22/07/2016
31/01/2017
57661/13
31/07/2013
Nina Ivanivna OSYPENKO
28/02/1939
Boyarka
Ukrainian
22/07/2016
31/01/2017
65015/13
04/10/2013
Galyna Stepanivna NEVMERZHYTSKA
15/06/1942
Ovruch
Ukrainian
23/03/2016
23/01/2017
67204/13
12/10/2013
Volodymyr Oleksandrovych OMELYANSKYY
28/03/1938
Kharkiv
Ukrainian
22/01/2016
24/01/2017
68412/13
21/10/2013
Petro Ivanovych MASLYUK
18/03/1956
Kharkiv
Ukrainian
22/01/2016
24/01/2017
72554/13
05/11/2013
Lyudmyla Volodymyrivna SALISHCHEVA
07/02/1949
Kharkiv
Ukrainian
23/08/2016
23/03/2017
73653/13
06/11/2013
Anatoliy Semenovych ROSKYDANYY
16/07/1952
Uzyn
Ukrainian
23/08/2016
23/03/2017
75893/13
25/11/2013
Vladimir Grigoryevich CHEREDA
10/04/1952
Krasnograd
Ukrainian
23/12/2015
24/01/2017
79901/13
11/12/2013
Ganna Yakivna PANASYUK
25/09/1932
Irpin
Ukrainian
22/07/2016
31/01/2017
938/14
19/12/2013
Lidiya Vasylivna CHABAN
10/06/1957
Sarny
Ukrainian
23/08/2016
23/03/2017
1045/14
20/12/2013
Valentyna Mykhaylivna BABKINA
03/11/1941
Kharkiv
Ukrainian
23/08/2016
23/03/2017
2026/14
24/12/2013
Alla Ivanivna SHEVINSKA
28/07/1959
Irpin
Ukrainian
23/08/2016
23/03/2017
3145/14
13/12/2013
Militina Oleksiyivna LODOVA
24/06/1936
Mariupol
Ukrainian
23/07/2015
24/01/2017
14832/14
28/12/2013
Olga Mykolayivna BIDNENKO
01/01/1958
Tarashcha
Ukrainian
22/07/2016
31/01/2017
15158/14
30/12/2013
Yevgeniy Mykolayovych PASLOV
22/02/1939
Zaporizhzhya
Ukrainian
23/03/2016
24/01/2017
15899/14
30/12/2013
Petro Oleksandrovych ANGELOVSKYY
27/03/1937
Zaporizhzhya
Ukrainian
23/12/2015
24/01/2017
22576/14
11/03/2014
Petro Oleksiyovych TERNOVSKYY
30/09/1940
Gostomel
Ukrainian
23/08/2016
23/03/2017
58856/14
29/09/2014
Vasyl Ivanovych LISHCHYNSKYY
11/06/1953
Kyiv
Ukrainian
22/07/2016
31/01/2017
70258/14
22/10/2014
Valeriy Ivanovych KHLEBANOV
22/03/1939
Kyiv
Ukrainian
23/08/2016
23/03/2017
Appendix 2
No.
Application no. and date of introduction
Applicant name
date of birth
place of residence
nationality
Date of the observations of the Government, if submitted
Date of the Applicant’s letter
22508/13
20/03/2013
Sergiy Mykhaylovych STUZHUK
24/05/1967
Korosten
Ukrainian
26/03/2015
22513/13
20/03/2013
Rayisa Mykhaylivna STUZHUK
24/04/1968
Korosten
Ukrainian
08/04/2015
38926/13
06/06/2013
Nadiya Mykolayivna KARASHCHUK
03/11/1976
Bigun
Ukrainian
26/07/2016
44066/13
09/07/2013
MOOR I KROSONDOVYCH, TOV
15/03/1995
Kyiv
Ukrainian
26/03/2014
02/11/2015
47101/13
09/07/2013
Teyana Mykolayivna VOROBEY
11/03/1970
Tkhoryn
Ukrainian
26/03/2014
01/02/2016
49849/13
03/01/2013
Oleksiy Panasovych ZOZULYA
01/08/1951
Barvinkove
Ukrainian
29/12/2014
54364/13
09/08/2013
Mariya Ivanivna NEDZYALKIVSKA
16/10/1948
Ovruch
Ukrainian
12/01/2017
55870/13
08/08/2013
Oleksandr Mykolayovych MIROSHNYCHENKO
20/08/1954
Yazykove
Ukrainian
29/12/2014
56005/13
11/06/2013
Tamara Viktorivna ZHURAVSKA
16/02/1981
Korchivka
Ukrainian
26/07/2016
36408/14
06/05/2014
Vasyl Pavlovych MOZHAROVSKYY
29/04/1954
Mozhary
Ukrainian
14/03/2016
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