FIFTH SECTION

DECISION

Application no . 2788/12 Vira Oleksandrivna ISHCHENKO against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 21 September 2017 as a Committee composed of:

Nona Tsotsoria, President, Gabriele Kucsko-Stadlmayer , Lәtif Hüseynov , judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 3 January 2012 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Vira Oleksandrivna Ishchenko , was born in 1942 and lives in Сhuguyiv ( Kharkiv region).

The applicant ’ s complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”) , who submitted observations on the admissibility and merits .

By letter dated 12 September 2014 , sent by registered post, the applicant was notified that the period allowed for submission of her comments on the Government ’ s friendly settlement declaration expired on 21 February 2014 and that no extension of time had been requested. This letter was returned to the Registry on 29 October 2014 undelivered, the applicant having failed to collect the letter from the post office. By letter dated 3 April 2017, sent by registered post, t he applicant ’ s 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 letter came back undelivered on 6 June 2017 for the same reason mentioned above.

THE LAW

In the light of the foregoing, t he Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 12 October 2017 .

Liv Tigerstedt Nona Tsotsoria Acting Deputy Registrar President