MYRONENKO v. UKRAINE

 
 
FIFTH SECTION
DECISION
Application no. 25664/18
Kateryna Anatoliyivna MYRONENKO
against Ukraine
 
The European Court of Human Rights (Fifth Section), sitting on 16 May 2019 as a Committee composed of:
Yonko Grozev, President,
Ganna Yudkivska,
André Potocki, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 22 May 2018,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Kateryna Anatoliyivna Myronenko, was born in 1966 and lives in the city of Kryvyy Rig, Ukraine.
On 3 May 2018 the Court delivered a judgment in the applicant’s application no. 26610/17, finding a violation as regards the excessive length of the civil proceedings and the lack of effective domestic remedies in respect of her complaints.
Subsequently, the applicant lodged the present application and, on 5 July 2018, her complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”) while her other complaints about the fairness of the proceedings were declared inadmissible pursuant to Rule 54 § 3 of the Rules of Court.
By letter of 13 February 2019, the applicant informed the Court that, in her present application, her complaints had related solely to the overall fairness of the civil proceedings in her case.
THE LAW
The Court notes the applicant’s complaints concerning the length of the civil proceedings and the lack of any effective domestic remedy in this regard have already been decided through the judgment of the Court, delivered on 3 May 2018 in application no. 26610/17. The Court further notes that her complaints as regards the overall fairness of the proceedings have been declared inadmissible on 5 July 2018.
In the light of the foregoing and the applicant’s own submissions about the scope of her complaints, the Court concludes that it is no longer justified to continue the examination of the application (Article 37 § 1 (c) 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 6 June 2019.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident

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