FIFTH SECTION

DECISION

Application no. 12742 /06 by Valeriy Viktorovych VOYTYUK

Application no. 12765/06 by Bogdan Volodymyrovych LYPAK

Application no. 12770/06 by Andriy Yuriyovych ALEKSEYEV

Application no. 1 4091 /06 by Bogdan Mykhaylovych REVCHUK

against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 17 June 2008 as a Chamber composed of:

Peer Lorenzen , President, Karel Jungwiert , Volodymyr Butkevych , Renate Jaeger , Mark Villiger , Isabelle Berro-Lefèvre , Mirjana Lazarova Trajkovska , judges, and Stephen Phillips , Deputy Section Registrar ,

Having regard to the above application s lodged on 2 4 and 28 March 200 6 ,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together ,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

THE FACTS

The first applicant is Mr Valeriy Viktorovych Voytyuk . The second applicant is Mr Bogdan Volodymyrovych Lypak . The third applicant is Mr Andriy Yuriyovych Alekseyev . The fourth applicant is Mr Bogdan Mykhaylovych Revchuk . All four applicants are Ukrainian nationals who live in the city of Lutsk , Ukraine . The applicants did not specify their dates of birth.

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

The facts of the case, as submitted by the parties, may be summarised as follows.

All the applicants retired from the Army. Upon retirement, the applicants became entitled to compensation for their uniform.

On unspecified dates the applicants instituted separate proceedings in the Lutsk Court against their former employers, military units, seeking compensation for their uniforms.

On 24 April 2003 the court awarded the first applicant 1,835.75 [1] Ukrainian hryvnas (UAH) and the second applicant UAH 4,268.13 [2] in compensation.

On 11 May 2005 the court awarded the third applicant UAH 1,598.61 [3] in compensation and obliged the defendant to provide him with a uniform which would cost UAH 2,389.15 [4] .

On 5 May 2005 the court awarded the fourth applicant UAH 1,738.63 [5] .

In December 2005 the enforcement proceedings were terminated, as the judgments in the applicants ’ favour could not be enforced due to the lack of funds in the State budget for such expenditure.

COMPLAINTS

The applicant s complained under Article 6 § 1 of the Convention about the non-enforcement of the judgment s of the Lutsk Court .

THE LAW

Notice of the applications was given to the Government, who submitted their observations on the admissibility and merits of the applications on 13 March 2007. On 12 April 2007 the applicants were invited to submit their observations in reply. However, the Court notes that the applicants have failed to do so. Moreover, they have failed to respond to the registered letters dated 9 November 2007, which the first, second and fourth applicants received on 19 November 2007 and the third applicant received on 26 November 2007, warning them of the possibility that their cases might be struck out of the Court ’ s list.

Having regard to Article 37 § 1 (a) of the Convention, the Court concludes 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 examination of these applications to be continued. Accordingly, the application of Article 29 § 3 of the Convention should be discontinued.

For these reasons, the Court unanimously

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

             Stephen Phillips Peer L orenzen Deputy Registrar President

[1] Around EUR 316.2.

[2] Around EUR 735.2.

[3] Around EUR 247.7.

[4] Around EUR 370.2

[5] Around EUR 267.7.