European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 42335/04
by Ivan Ivanovich BRAZHNIKOV
against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 26 May 2009 as a Chamber composed of:

Peer Lorenzen, President,
Karel Jungwiert,
Renate Jaeger,
Mark Villiger,
Isabelle Berro-Lefèvre,
Mirjana Lazarova Trajkovska, judges,
Stanislav Shevchuk, ad hoc judge,

and Claudia Westerdiek, Section Registrar,

Having regard to the above application lodged on 2 November 2004,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Ivan Ivanovich Brazhnikov, is a Ukrainian national who was born in 1949 and lives in the town of Gorlivka, Ukraine.

The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev.

On 1 August 2002 the Centralny District Court of Gorlivka awarded the applicant 18,762 Ukrainian hryvnyas (UAH)¹ in compensation for damage, to be paid by the State mine “Pivdenna” and a UAH 572² monthly allowance, to be paid by the State Insurance Fund for Work-Related Accidents and Illnesses. On 3 September 2002 the court additionally awarded the applicant UAH 4,328.37³ against the mine. The both judgments were enforced in full in 2005 and 2006 respectively.

Relying on Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention the applicant complained about the lengthy non-enforcement of the above judgments.

By letter dated 28 April 2008 the Government’s observations were sent to the applicant, who was requested to submit any comments together with any claims for just satisfaction in reply by 10 June 2008.

By letter dated 19 November 2008, sent by registered post, the applicant was informed that the deadline for submission of his observations had expired. The applicant’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides 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.

On 27 November 2008 the applicant received the Court’s letter. No response has been received to date.

THE LAW

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of 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 its Protocols which require the continued examination of the case. In view of the above, it is appropriate to discontinue the application of Article 29 § 3 and to strike the case out of the list.

For these reasons, the Court unanimously

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

Claudia Westerdiek Peer Lorenzen
Registrar President