USENKO proti Ukrajině

FIFTH SECTION

DECISION

Application no. 49647/20
Sergiy Oleksandrovych USENKO
against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 16 October 2025 as a Committee composed of:

Andreas Zünd, President,
Diana Sârcu,
Mykola Gnatovskyy, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 5 November 2020,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Sergiy Oleksandrovych Usenko, was born in 1982. He was represented by Mr R.Y. Drozd, a lawyer practising in Dnipro.

The applicant’s complaint under Article 6 § 1 of the Convention concerning the allegedly unlawful denial of access to a cassation court for failure to pay a court fee was communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits.

By letter dated 28 August 2024, sent via the Court’s Electronic Communications Service (eComms), the applicant was notified that the period allowed for submission of his observations had expired on 9 August 2024 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 downloaded that letter on 18 April 2025. However, no response 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 13 November 2025.

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Viktoriya Maradudina Andreas Zünd
Acting Deputy Registrar President