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SPIRIDENKOV AND OTHERS v. UKRAINE

Doc ref: 15723/06;3306/09;40500/09;45326/07 • ECHR ID: 001-126740

Document date: September 3, 2013

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SPIRIDENKOV AND OTHERS v. UKRAINE

Doc ref: 15723/06;3306/09;40500/09;45326/07 • ECHR ID: 001-126740

Document date: September 3, 2013

Cited paragraphs only

FIFTH SECTION

DECISION

Application no . 15723/06 Sergey Nikolayevich SPIRIDENKOV against Ukraine and 3 other applications (see list appended)

The European Court of Human Rights (Fifth Section), sitting on 3 September 2013 as a Committee composed of:

Boštjan M. Zupančič , President, Ann Power-Forde, Helena Jäderblom , judges and Stephen Phillips , Deputy Section Registrar ,

Having regard to the above applications lodged on 7 April 2006, 10 October 2007, 19 November 2008 and 8 July 2009 respectively,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix.

The Ukrainian Government (“the Government”) were represented by their Agent, Mr N. Kultchytskyy , of the Ministry of Justice .

The applicants mainly complained of the prolonged non-enforcement of the domestic decisions in their favour . The complaints under Articles 6 § 1, 13 of the Convention and Article 1 of Protocol No. 1 were communicated to the Government .

By letters dated on different dates listed in the appendix, the Government informed the Registry that the applicants had died. A copy was sent to the applicants ’ addresses for any comment. No reply was received.

By letters sent on 9 November 2012 by registered post to the deceased applicants ’ addresses preceded by the mention ‘ To whom it may concern ’ , the Registry notified the recipient that no reply had been received to the Court ’ s previous correspondence and a new time-limit for any comment was given. The readers ’ 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 the applicant does not intend to pursue the application. However, no response has been received.

THE LAW

The Court notes that the applicants have died and that no heir has declared that they wished to pursue the application. In the circumstances, it finds that it is no longer justified to continue the examination of the applications pursuant to Article 37 § 1 (c) 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 cases.

In view of the above, it is appropriate to strike the case s out of the list.

For these reasons, the Court unanimously

Decides to join the applications;

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

Stephen Phillips Boštjan M. Zupančič Deputy Registrar President

Appendix

No

Application No

Lodged on

Applicant

Date of birth

Place of residence

Date of the Government ’ s letter

15723/06

07/04/2006

Sergey Nikolayevich SPIRIDENKOV

02/08/1961

Ovruch

13/07/2011

45326/07

10/10/2007

Mykhaylo Tykhonovych NYKYTENKO

04/06/1936

Kyiv

21/07/2011

3306/09

19/11/2008

Sergey Nikolayevich SPIRIDENKOV

02/08/1961

Ovruch

13/07/2011

40500/09

08/07/2009

Dmitriy Nikolayevich VASILYEV

20/03/1930

Zaporozhye

02/12/2011

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