KUTSAK v. UKRAINE
Doc ref: 10528/10 • ECHR ID: 001-186652
Document date: September 4, 2018
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FOURTH SECTION
DECISION
Application no. 10528/10 Anatoliy Petrovych KUTSAK against Ukraine
The European Court of Human Rights (Fourth Section), sitting on 4 September 2018 as a Committee composed of:
Faris Vehabović, President, Carlo Ranzoni, Péter Paczolay, judges,
and Andrea Tamietti, Deputy Section Registrar ,
Having regard to the above application lodged on 9 February 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Anatoliy Petrovych Kutsak, is a Ukrainian national, who was born in 1960 and lives in Kherson.
2. The applicant ’ s complaints under Articles 6 § 1 and 13 of the Convention that the decision against him in the administrative offence proceedings had been taken without him having been involved in those proceedings and that his request for the renewal of time-limit for appealing against the above-mentioned decision had been unlawfully rejected, were communicated to the Ukrainian Government (“the Government”), who were represented by their Agent, Mr I. Lishchyna, of the Ministry of Justice.
3. The applicant failed to respond to the last registry ’ s letter of 26 March 2018 sent by registered post (received by him on 17 April 2018), reminding him that the period allowed for submission of a power of attorney had expired and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention.
THE LAW
4. The Court considers that, in the circumstances described above, the applicant may be regarded as no longer wishing to pursue his 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 its Protocols which require the continued examination of the case.
5. In view of the above, it is appropriate to strike the case 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 27 September 2018 .
Andrea Tamietti Faris Vehabović Deputy Registrar President