FIFTH SECTION

DECISION

Application no. 28324/21 Oleksiy Vasylyovych MELNYK against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 10 March 2022 as a Committee composed of:

Lətif Hüseynov, President, Lado Chanturia, Arnfinn Bårdsen, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 21 May 2021,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Oleksiy Vasylyovych Melnyk, was born in 1977. He was represented by Mr P. M. Sobyna, a lawyer practising in the town of Okhtyrka, Ukraine.

The applicant’s complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”).

On 9 January 2022 the applicant informed the Registry that he wanted to withdraw the application to the Court as “the criminal proceedings against him were still pending before the first-instance court”. No further explanation was provided either by the applicant or his lawyer.

THE LAW

In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued examination of the application.

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

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

Done in English and notified in writing on 15 September 2022.

Viktoriya Maradudina Lətif Hüseynov Acting Deputy Registrar President