FIFTH SECTION
DECISION
Application no. 46858/13
Vasyl Volodymyrovych ZYUKIN
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 14 February 2019 as a Committee composed of:
Síofra O’Leary, President,
Mārtiņš Mits,
Lado Chanturia, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 8 July 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vasyl Volodymyrovych Zyukin, was born in 1950 and lives in Bila Tserkva.
The applicant’s complaints under Article 6 § 1 of the Convention, concerning the lack of an opportunity to comment on the appeal in court proceedings to which he was a party, were communicated to the Ukrainian Government (“the Government”).
By letter dated 8 October 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired and he was given a new deadline to submit his observations by 20 November 2018. 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. On 25 January 2019 the letter was returned back to the Registry as not having been collected from the post office (non-réclamé).
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 7 March 2019.
Liv TigerstedtSíofra O’Leary
Acting Deputy RegistrarPresident
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