European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 42562/06
Vladimir Petrovich KUSHCH against Ukraine
and 2 other applications

(see list appended)

The European Court of Human Rights (Fifth Section), sitting on 5 July  2011 as a Committee composed of:

Mark Villiger, President,
Karel Jungwiert,
Isabelle Berro-Lefèvre, judges,
and Stephen Phillips, Deputy Section Registrar,

Having regard to the applications lodged on various dates,

Having deliberated, decides as follows:

THE FACTS

All applicants are Ukrainian nationals. Mr Vladimir Petrovich Kushch was born in 1961 and lives in Simferopol. Mr Vasyl Bronislavovich Ostrovskyy was born in 1956 and lives in Berdychiv. Mrs Olesya Semenivna Tkachyshyna was born in 1984 and lives in Shebutyntsi. Mrs Ganna Grygorivna Bazelyuk was born in 1947 and lives in Shebutyntsi. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev.

The applicants mainly complained about lengthy non-enforcement of judgments in their favour.

The complaints concerning non-enforcement were communicated to the Government, who submitted their unilateral declarations to settle the cases. The declarations were forwarded to the applicants, who were invited to submit their comments. No replies were received to the Registry’s letters. Moreover, the applicants failed to reply to registered letters warning them that their applications may be struck out of the Court’s list of cases pursuant to Article 37 § 1 (a) of the Convention.

THE LAW

The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, 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 cases.

In view of the above, it is appropriate to strike the cases 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.

Stephen Phillips Mark Villiger
Deputy Registrar President

ANNEX