FIFTH SECTION

DECISION

Application no. 40663/07 by Sergiy Valeriyovych MELNYCHUK against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 22 June 2010 as a Chamber composed of:

Peer Lorenzen , President, Karel Jungwiert , Rait Maruste , Mark Villiger , Isabelle Berro-Lefèvre , Mirjana Lazarova Trajkovska , Ganna Yudkivska , judges, and Claudia Westerdiek , Section Registrar ,

Having regard to the above application lodged on 3 September 2007,

Having deliberated, decides as follows:

THE FACTS

The application was lodged by Mr Sergiy Valeriyovych Melnychuk , a Ukrainian national who was born in 1977 and lives in Mykolayivka . The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev . The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about non-enforcement of a judgment in his favour.

Notice of the application was given to the Government, who submitted their observations on the admissibility and merits of the case on 29 May 2009. By a letter of 17 June 2009 the applicant was invited to submit his observations in reply together with any claims for just satisfaction by 29 July 2009. However, the applicant failed to do so. Moreover, he failed to respond to a registered letter dated 5 October 2009 warning the applicant of the possibility that his case might be struck out of the Court ' s list.

THE LAW

Having regard to Article 37 § 1 (a) of the Convention, the Court concludes that the applicant does not intend to pursue the application. 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 application.

For these reasons, the Court unanimously

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

Claudia Westerdiek Peer Lorenzen Registrar President