KUSHCH AN OTHERS v. UKRAINE
Doc ref: 42562/06;30044/08;30113/09 • ECHR ID: 001-105858
Document date: July 5, 2011
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FIFTH SECTION
DECISION
Application no. 42562/06 Vladimir Petrovich KUSHCH against Ukraine and 2 other applications
(see list appended)
The European Court of Human Rights ( Fifth Section ), sitting on 5 July 2011 as a Committee composed of:
Mark Villiger , President, Karel Jungwiert , Isabelle Berro-Lefèvre , judges, and Stephen Phillips , Deputy Section Registrar ,
Having regard to the application s lodged on various dates ,
Having deliberated, decides as follows:
THE FACTS
All applicants are Ukrainian nationals. Mr Vladimir Petrovich Kushch was born in 1961 and lives in Simferopol . Mr Vasyl Bronislavovich Ostrovskyy was born in 1956 and lives in Berdychiv . Mrs Olesya Semenivna Tkachyshyna was born in 198 4 and lives in Shebutyntsi . Mrs Ganna Grygorivna Bazelyuk was born in 1947 and lives in Shebutyntsi . The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev .
The applicants mainly complained about lengthy non-enforcement of judgments in their favour.
The complaints concerning non-enforcement were communicated to the Government, who submitted their unilateral declarations to settle the cases. The declarations were forwarded to the applicant s , who w ere invited to submit their comments . No repl ies were received to the Registry ’ s letter s . Moreover, the applicants failed to reply to registered letters warning them that their applications may 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 s may be regarded as no longer wishing to pursue their application s , 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 s .
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 application s out of its list of cases.
Stephen Phillips Mark Villiger Deputy Registrar President
ANNEX
No.
Application
no.
Name
Date of introduction
1
42562/06
KUSHCH
Vladimir Petrovich
06/10/2006
2
30044/08
OSTROVSKYY
Vasyl Bronislavovych
28/05/2008
3
30113/09
TKACHYSHYNA Olesya Semenivna
and
BAZELYUK
Ganna Grygorivna
21/05/2009
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