THIRD SECTION

DECISION

Application no . 44387/10 Anastasiya Fedorovna POVARNITSINA against Russia

The European Court of Human Rights ( Third Section), sitting on 8 December 2015 as a Committee composed of:

Helen Keller, President,

Johannes Silvis,

Pere Pastor Vilanova , judges,

and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 8 June 2010 ,

Having regard to the Government ’ s submission of 13 July 2015,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Anastasiya Fedorovna Povarnitsina , was a Russian national, who was born in 1923 and live d in Yekaterinburg .

The Russian Government (“the Government”) were represented by Mr G. Matyushkin , Representative of the Russian Federation at the European Court of Human Rights.

The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention that the non-execution of a judgement of the Constitutional Court, and in particular, the Russian authorities ’ failure to introduce relevant legislative amendments, prevented her civil case from being reviewed to her advantage.

The applicant ’ s complaint was communicated to the Government, who informed the Court on 13 July 2015 that the applicant had died on 19 January 2012 and requested to strike out the case under Article 37 § 1 (c) of the Convention .

By letter dated 22 July 2015 , sent by registered post at the applicant ’ s last known address , the Registry requested the applicant ’ s possible heirs to indicate by 1 September 2015 whether there was a person who would like to pursue the proceedings in the applicant ’ s stead. The ir attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that no one intend s to pursue the application.

The Registry ’ s letter has returned as unclaimed. No response has been received from the applicant ’ s heirs by 1 September 2015.

THE LAW

It has been the Court ’ s practice to strike applications out of the list of cases under Article 37 § 1 of the Convention in the absence of any heir or close relative who has expressed the wish to pursue an application (see Léger v. France (striking out) [GC], no . 19324/02 , § 44 , 30 March 2009 ).

The Court takes note of the applicant ’ s death .

The Court further observes that in the present case none of the applicant ’ s heirs or close family members have informed the Court of their wish to pursue the proceedings.

Therefore , in accordance with Article 37 § 1 in fine , as the Court finds no special circumstances regarding respect for human rights which require the continued examination of the case (see, a contrario , Karner v. Austria , no. 40016/98 , §§ 24 ‑ 28, ECHR 2003 ‑ IX), it considers it appropriate to strike the application out of its list of cases under Article 37 § 1 (c) of the Convention.

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 7 January 2016 .

Marialena Tsirli Helen Keller              Deputy Registrar President