FIFTH SECTION
DECISION
Application no. 46880/21
Volodymyr Volodymyrovych ZHMUD
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 14 September 2023 as a Committee composed of:
Carlo Ranzoni, President,
Lado Chanturia,
María Elósegui, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 15 September 2021,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Volodymyr Volodymyrovych Zhmud, was born in 1970. He was represented by Mr M.B. Mayka, a lawyer practising in Ternopil, Ukraine.
The applicant’s 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.
On 13 April 2023 the applicant informed the Registry that he wanted to withdraw the application to the Court since he was no longer interested in pursuing it.
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 5 October 2023.
Viktoriya Maradudina Carlo Ranzoni
Acting Deputy Registrar President