SEDOV proti Ukrajině

FIFTH SECTION

DECISION

Application no. 44305/08
Viktor Vasilyevich SEDOV
against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 19 May 2022 as a Committee composed of:

Stéphanie Mourou-Vikström, President,
Ivana Jelić,
Kateřina Šimáčková, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 8 September 2008,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Viktor Vasilyevich Sedov, was born in 1956 and lives in Lugansk.

The applicant’s complaints under Article 6 § 1 of the Convention concerning the issue of fairness of the administrative-offence proceedings against him were communicated to the Ukrainian Government (“the Government”).

On 8 February 2021 the Registry informed the applicant’s contact person that notice of the case had been given to the Government and invited the applicant to appoint a representative by 19 April 2021. The applicant did not reply.

The subsequent Registry’s letters were sent on 9 June and 15 September 2021, reminding the applicant that the period allowed for the appointment of his representative had expired, while Rule 36 § 2 of the Rules of the Court required that the applicants be represented for the purposes of the proceedings following notification of the application to the respondent Government, unless the President of the Section concerned decide otherwise. His attention was drawn to the consequences of Article 37 § 1 (a) of the Convention. These letters returned undelivered.

On 19 November 2021 the Registry contacted the applicant by phone, reminding him about his obligation to appoint a representative. The applicant asked the Court to correspond with him by email. By letter dated 24 November 2021, sent by email, the applicant was again asked to designate a representative by 20 December 2021. 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. However, no response has followed.

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 15 September 2022.

Viktoriya Maradudina Stéphanie Mourou-Vikström
Acting Deputy Registrar President