IVASHCHENKO proti Ukrajině

FIFTH SECTION

DECISION

Application no. 19261/04
by Kateryna Pylypivna IVASHCHENKO
against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 25 September 2006 as a Chamber composed of:

Mr P. Lorenzen, President,
Mrs S. Botoucharova,
Mr V. Butkevych,
Mrs M. Tsatsa-Nikolovska,
Mr R. Maruste,
Mr J. Borrego Borrego,
Mrs R. Jaeger, judges,
and Mrs C. Westerdiek, Section Registrar,

Having regard to the above application lodged on 10 May 2004,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

THE FACTS

The applicant, Ms Kateryna Pylypivna Ivashchenko, is a Ukrainian national who was born in 1944 and lives in Makiyivka, the Donetsk region. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev.

The facts of the case, as submitted by the parties, may be summarised as follows.

On 13 January 2003 the Girnytsky District Court of Makiyivka (Гірницький районний суд м. Макіївки Донецької області) ordered the State-owned Company “Mine Kirova” (ДВАТ “шахта ім. Кірова”) to pay the applicant UAH 26,020[1] in various compensations.

On 15 October 2003 the Central District Bailiffs’ Service of Makiyivka (Відділ Державної виконавчої служби Центрально-міського районного управління юстиції м. Макіївки) instituted enforcement proceedings for the judgment at issue.

By 2 March 2006 the applicant had received UAH 10,201.68[2] of her judgment debt.

COMPLAINTS

The applicant complained about non-enforcement of the judgment of 13 January 2003. She invoked Articles 6 § 1 and 13 of the Convention.

THE LAW

Notice of the application was given to the Government, who submitted their observations on the admissibility and merits of the applicant’s complaint on 2 March 2006. On 31 March 2006 the applicant was invited to submit her observations in reply. However, the Court notes that the applicant has failed to do so. Moreover, she has failed to respond to a registered letter dated 15 June 2006 and received by the applicant in person on 24 June 2006, warning her of the possibility that her case might be struck out of the Court’s list if she did not reply. The Court’s Registry received no further correspondence from the applicant.

Having regard to Article 37 § 1 (a) of the Convention, the Court concludes that the applicant does not intend to pursue the application. 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 its Protocols which require the examination of this application to be continued. Accordingly, the application of Article 29 § 3 of the Convention should be discontinued.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Claudia Westerdiek Peer Lorenzen
Registrar President

[1]. EUR 4,335.

[2]. EUR 1,718.20.