FIFTH SECTION

DECISION

Application no. 60895/09 Mykola Tymofiyovych KROSHNYY against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 24 October 2019 as a Committee composed of:

André Potocki, President, Ganna Yudkivska, Yonko Grozev, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 5 November 2009 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Mykola Tymofiyovych Kroshnyy, was born in 1960.

The applicant was represented by Mr V.G. Gordiy, a lawyer practising in Ivano-Frankivsk.

The applicant ’ s complaint under Article 1 of Protocol No. 1 to the Convention, concerning the proportionality of a confiscation measure applied to him as a sanction in administrative (minor) offence proceedings, was communicated to the Ukrainian Government.

By letters dated 17 July 2019, sent by registered post to the applicant and to his representative, the Registry reminded the applicant that the period allowed for submission of his observations and just satisfaction claims had expired on 25 March 2019 and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention , which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicant and his representative received these letters on 1 August 2019 and 29 July 2019, respectively. However, no reply has been received by the Court .

THE LAW

In the light of the foregoing, the Court concludes that the applicant does not wish to pursue the 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 the Protocols thereto which require the continued examination of the application.

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

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

Done in English and notified in writing on 14 November 2019 .

Liv Tigerstedt André Potocki Acting Deputy Registrar President