FIFTH SECTION

DECISION

Application no. 47309/12 Mykhaylo Oleksandrovych VYSHNEVSKYY against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 21 October 2021 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 17 July 2012,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Mykhaylo Oleksandrovych Vyshnevskyy, is a Ukrainian national, who was born in 1956 and lives in the Rivne region.

On 25 May 2020 the applicant’s complaint under Article 6 § 1 of the Convention concerning the alleged breach of the equality-of-arms principle in the administrative proceedings initiated by him against the pension authorities was communicated to the Ukrainian Government (“the Government”). On the same date the Court informed the applicant about the necessity to be represented by an advocate at that stage of the proceedings and instructed him to appoint one. His attention was drawn to the fact that in case of his failure to appoint a lawyer, the Court might conclude that he was no longer interested in pursuing the application and might decide to strike it out of its list of cases.

In the absence of any reply, on 21 January 2021 the Court re-sent its letter of 25 May 2020 to the applicant. The applicant did not reply. On 13 April 2021 the Court sent another letter to the applicant, this time by registered post, instructing him to appoint an advocate by 17 May 2021 and warning him that, in case of a failure to do so, the Court might conclude that he was no longer interested in pursuing the application and might decide to strike it out of its list of cases. According to the postal tracking information, the applicant received the Court’s letter on 6 May 2021. However, there has been no response to it.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the 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 18 November 2021.

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Viktoriya Maradudina Lətif Hüseynov Acting Deputy Registrar President