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PETRUK v. UKRAINE

Doc ref: 19018/06;40398/06;2344/07;6197/07;7576/07 • ECHR ID: 001-98090

Document date: March 16, 2010

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PETRUK v. UKRAINE

Doc ref: 19018/06;40398/06;2344/07;6197/07;7576/07 • ECHR ID: 001-98090

Document date: March 16, 2010

Cited paragraphs only

FIFTH SECTION

DECISION

Applications nos. 19018/06, 40398/06, 2344/07, 6197/07 and 7576/07 by PETRUK and OTHERS against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 16 March 2010 as a Chamber composed of:

Peer Lorenzen , President, Karel Jungwiert , Rait Maruste , Mark Villiger , Isabelle Berro-Lefèvre , Zdravka Kalaydjieva , judges, Mykhaylo Buromenskiy , ad hoc judge, and Claudia Westerdiek , Section Registrar ,

Having regard to five application s (see the Attachment),

Having deliberated, decides as follows:

PROCEDURE

The application s w ere lodged by five Ukrainian nationals. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev .

The applicant s complained , mainly referring to Article 6 § 1 of the Convention and to Article 1 of Protocol No. 1, about the lengthy non-enforcement of final judgments given in their favour and a resulting breach of their property rights.

T he applicants ’ complaints concerning the lengthy non-enforcement of the final judgments were communicated to the respondent Government, who submitted their observations on the admissibility and merits. The se observations were forwarded to the applicant s , who w ere invited to submit observations in reply . However, the applicants did not reply.

By separate letter s, sent to each applicant by registered pos t , the applicant s w ere notified that the period allowed for submission of their observations had expired and that no extension of time had been requested. The applicants ’ 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. The applicants received th e Registry ’ s letter s, but failed to respond [1] .

THE LAW

The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their common factual and legal background. It also concludes, having regard to Article 37 § 1 (a) of the Convention, that the applicants do not intend to pursue their applications. 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 applications. In view of the above, it is appropriate to strike the applications out of the list.

For these reasons, the Court unanimously

Decides to join the applications and to strike the m out of its list of cases.

Claudia Westerdiek Peer Lorenzen Registrar President

Attachment

No.

Number/Name/

Date of lodging

The applicants ’ dates of birth and places of residence

Dates of communication of the complaints to the Government

Dates of forwarding of the Government ’ s observations to the applicants

Expiry dates for lodging of the applicants ’ observations/

Dates of the Registry ’ s warning letters sent to the applicants and dates of their receipt

19018/06

PETRUK ,

Anatoliy Arsentyevich

5 May 2006

1937,

Lugansk Region

3 February 2009

18 June 2009

30 July 2009/

2 October 2009, received on 9 October 2009

40398/06

KVASNIY ,

Semyon Yuryevich

12 September 2 006

1940,

Donetsk Region

10 February 2009

24 June 2009

17 September 2009/

24 November 2009, received on 30 November 2009

2344/07

RUBANOV ,

Vladimir Ivanovich

18 December 2006

1950,

Donetsk Region

3 February 2009

18 June 2009

30 July 2009/

2 October 2009, received on 19 October 2009

6197/07

KUCHERUK ,

Rayisa Doremidontivna

1 February 2007

1958,

Zhytomyr

30 July 2009/

21 September 2009, received on 2 October 2009

7576/07

RUDYK ,

Vasiliy Andreyevich

29 January 2007

1946,

Lugansk Region

30 July 2009/

21 September 2009, received on 28 September 2009

[1] . For all details, see the Attachment.

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