DRUZHELOVSKYY AND OTHERS v. UKRAINE
Doc ref: 12787/21;47190/21;47320/21;56917/21;19854/22;26966/22 • ECHR ID: 001-231065
Document date: January 18, 2024
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FIFTH SECTION
DECISION
Application no. 12787/21 Oleksandr Vyacheslavovych DRUZHELOVSKYY against Ukraine and 5 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 18 January 2024 as a Committee composed of:
MÄrtiņš Mits , President , KateÅ™ina Å imáÄková, Mykola Gnatovskyy , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
The applicants’ complaints under the Convention were communicated to the Ukrainian Government (“the Governmentâ€), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations (see the appended table for the relevant dates). No reply was received by the Court.
By letters dated 4 September 2023, sent through the Court’s electronic communication service (eComms), the applicants were notified that the period allowed for submission of their observations had expired and that no extension of time had been requested. Nevertheless, the Registry extended the time-limit for submission of the requested observations to 13 October 2023. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicants downloaded these letters on the eComms platform on different dates, as indicated in the appended table. However, no response has followed.
THE LAW
Having regard to the similar procedural conduct of the applicants, the Court finds it appropriate to examine the applications jointly in a single decision.
In the light of the foregoing, the Court concludes that the applicants may be regarded as no longer wishing to pursue the applications (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 applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 8 February 2024.
Viktoriya Maradudina MÄrtiņš Mits Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Articles 6 and 13 of the Convention
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Representative’s name
Complaints communicated
Date of sending
Government’s
observations to
the applicant
Date of the
Court strike-out warning letter
Date when the Court strike-out warning letter was download by the applicant
12787/21
23/02/2021
Oleksandr Vyacheslavovych DRUZHELOVSKYY 1981
Oleg
Romanovych YAKUBCHAK
Art. 6 - about the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings
09/03/2023
04/09/2023
06/09/2023
47190/21
15/09/2021
Igor
Vasylyovych DEMYANCHUK 1988
Maksym
Borysovych
MAYKA
Art. 6 - about the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings
29/03/2023
04/09/2023
47320/21
26/09/2021
Vitaliy
Romanovych
LUZHNYY 1975
Maksym
Borysovych
MAYKA
Art. 6 - about the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings
01/02/2023
04/09/2023
56917/21
09/11/2021
Svitlana
Romanivna ZHYCHTYTSKA 1984
Svitlana
Rostyslavivna ZHYDETSKA
Art. 6 and 13 - about the excessive length of civil proceedings and the lack of any effective remedy in domestic law
29/03/2023
04/10/2023
19854/22
11/04/2022
CHATLINE LIMITED 2003
Art. 6 and 13 - about the excessive length of civil proceedings and the lack of any effective remedy in domestic law
06/04/2022
04/09/2023
26966/22
06/04/2022
Volodymyr Oleksandrovych GLASNER 1978
Roman Oleksandrovych BUKHTOYAROV
Art. 6 and 13 - about the excessive length of criminal proceedings and the lack of any effective remedy in domestic law
06/04/2023
06/09/2023