FIFTH SECTION

DECISION

Application no . 20618/14 Oleksandr Ivanovych GONCHARENKO 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 26 December 2013 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Oleksandr Ivanovych Goncharenko , was born in 1946 and lived in Zaporizhzhya .

He was represented before the Court by Ms S. O. Pogribna , a lawyer practising in Zaporizhzhya .

The applicant ’ s complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of the Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”) on 27 November 2015.

On 12 August 2016 the Court received submissions sent by the applicant ’ s wife which included the applicant ’ s death certificate (date of the death – 19 February 2016), a power of attorney signed by the applicant ’ s wife and a letter saying that the applicant ’ s wife wished to pursue the application. The letter, however, was signed neither by the applicant ’ s wife nor by her representative (Ms Pogribna ). Therefore, by letter dated 10 January 2017 the Registry invited the applicant ’ s wife to inform the Court in due form as to whether she wished to pursue the application of her deceased husband. The letter came back on 10 March 2017 undelivered with a mention “unknown” ( inconnu ). Therefore, the Registry forwarded a copy of the letter of 10 March 2017 to the representative of the applicant ’ s wife, Ms Pogribna , by registered post on 3 April 2017. The representative ’ s attention was also 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 was delivered on 15 April 2017. However, no response has been received.

THE LAW

In the light of the foregoing, t he Court concludes that the applicant ’ s wife may be regarded as not 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