SHEVCHENKO v. UKRAINE
FIFTH SECTION
DECISION
Application no. 55353/09
Mariya Pavlivna SHEVCHENKO
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 9 October 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Mariya Pavlivna Shevchenko, was born in 1942.
The applicant complained that she had been unfairly obliged to tolerate on her land an unlawfully constructed electric power line and that she had not been afforded sufficient procedural guarantees in ventilating her relevant complaints before the domestic judicial authorities. The applicant’s complaints were communicated to the Ukrainian Government (“the Government”) under Article 6 of the Convention and Article 1 of Protocol No. 1.
By letter dated 8 February 2019, sent by registered post, the applicant was notified that the period allowed for appointment of a representative had expired on 25 July 2018 and that no extension of time had been requested. The applicant’s 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 applicant received this letter on 18 February 2019. However, no response has been received.
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 27 June 2019.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident
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