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KOTOV AND OTHERS v. UKRAINE

Doc ref: 38552/06;4546/09;7979/08 • ECHR ID: 001-116984

Document date: February 5, 2013

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KOTOV AND OTHERS v. UKRAINE

Doc ref: 38552/06;4546/09;7979/08 • ECHR ID: 001-116984

Document date: February 5, 2013

Cited paragraphs only

FIFTH SECTION

DECISION

Application no . 38552/06 Aleksandr Mikhaylovich KOTOV against Ukraine and 2 other applications (see list appended)

The European Court of Human Rights (Fifth Section), sitting on 5 February 2013 as a Committee composed of:

Angelika Nußberger , President, Ganna Yudkivska , André Potocki , judges, and Stephen Phillips , Deputy Section Registrar ,

Having regard to the above applications lodged between 6 September 2006 and 30 December 2008,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The Ukrainian Government (“the Government”) are 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 for observation in the case of the first applicant and for information in the other cases.

The Russian Government waived their right to intervene under Article 36 of the Convention in respect of the second application.

The Government submitted their proposals for a friendly settlement of the cases. These were forwarded to the applicants, who were invited to submit their own comments. No reply was received to the Registry ’ s letter.

By letters sent by registered post on the dates listed in the appendix, the applicants ’ 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 in tend to pursue the application.

THE LAW

The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, 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 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 joint the applications;

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

Stephen Phillips Angelika Nußberger Deputy Registrar President

Appendix

No

Application No

Lodged on

Applicant

Date of birth

Place of residence

Date of the registered letter

38552/06

06/09/2006

Aleksandr Mikhaylovich KOTOV

02/06/1964

Torez

12 March 2012

7979/08

11/01/2008

Rudolf Ivanovich SEDUNOV

09/12/1941

Arkhangelsk

Russian national

5 January 2012

4546/09

30/12/2008

Viktor Oleksandrovych KUCHEROV

27/09/1941

Zaaydarivka

27 September 2011

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