POKALCHUK v. UKRAINE

 
 
FIFTH SECTION
DECISION
Application no. 32135/11
Oksana Yuriyivna POKALCHUK and Olena Eduardivna POKALCHUK
against Ukraine
 
The European Court of Human Rights (Fifth Section), sitting on 6 June 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 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Ms Oksana Yuriyivna Pokalchuk and Ms Olena Eduardivna Pokalchuk, were born in 1986 and 1960 respectively, and live in Kyiv.
The applicants’ complaints under Article 6 § 1 of the Convention, concerning the lack of reasons in the domestic courts’ decisions, as well as under Article 1 of Protocol No. 1 to the Convention, concerning the allegations of the court’s failure to ensure adequate protection of property rights, were communicated to the Ukrainian Government (“the Government”).
By letter dated 15 October 2018, sent by registered post, the applicants were notified that the period allowed for submission of their observations on admissibility and merits of the application had expired on 12 July 2018 and that no extension of time had been requested. 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 letter was returned undelivered on 4 January 2019, the applicants having failed to collect it from the post office.
THE LAW
In the light of the foregoing, the Court concludes that the applicants 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 27 June 2019.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident
 
 

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