FIFTH SECTION

DECISION

Application no . 45148/05 Anatoliy Ivanovych YAKOVENKO against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 25 September 2012 as a Committee composed of:

Mark Villiger , President, Karel Jungwiert , André Potocki , judges, and Stephen Phillips , Deputy Section Registrar ,

Having regard to the above applications lodged on various dates,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Anataliy Ivanovych Yakovenko , is a Ukrainian national who was born on 16 March 1960 and lives in Krasnodon . The Ukrainian Government (“the Government”) were represented by their Agent, Mr N. Kultchytskyy , of the Ministry of Justice.

The applicant complained about the lengthy non-enforcement of the domestic judgment given in his favour. This complaint was communicated to the Government, who submitted a friendly settlement declaration on 1 August 2011. On 25 August 2011 the declaration was forwarded to the applicant, who was invited to submit his comments. No reply followed.

The applicant also failed to reply to a registered letter sent by the Court on 12 January 2012 warning the applicant that his application might be struck out of the Court ’ s list of cases pursuant to Article 37 § 1 (a) of the Convention .

THE LAW

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, 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 case.

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

For these reasons, the Court unanimously

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

Stephen Phillips Mark Villiger Deputy Registrar President