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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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KUSHCH AN OTHERS v. UKRAINE

Doc ref: 42562/06;30044/08;30113/09 • ECHR ID: 001-105858

Document date: July 5, 2011

Cited paragraphs only

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

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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