42599/12, LAVRISHCHEV v. UKRAINA - Decyzja Europejskiego Trybunału Praw Człowieka

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Decyzja Europejskiego Trybunału Praw Człowieka z dnia 7 czerwca 2018 r. 42599/12

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2018:0607DEC004259912

FIFTH SECTION

DECISION

Application no. 42599/12

Maksim Yuryevich LAVRISHCHEV

against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 7 June 2018 as a Committee composed of:

Yonko Grozev, President,

Gabriele Kucsko-Stadlmayer,

Lә tif Hüseynov, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 6 July 2012,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The applicant, Mr Maksim Yuryevich Lavrishchev, was born in 1983.

He was represented before the Court by Mr S.S. Medvedev, residing in Lysychansk.

The applicant's complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government ("the Government").

By letter dated 30 October 2017 the applicant was invited to submit all factual information as to the state of proceedings of his case and provide any relevant documents and court decisions. No reply was received by the Court.

By letter dated 12 March 2018, sent by registered post and by email, the applicant was notified that the period allowed for submission of factual information had expired on 9 April 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 the registered letter on 30 March 2018. However, no response has been received by the Court.

Uzasadnienie prawne

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.

Sentencja

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 28 June 2018.

Liv Tigerstedt

Yonko Grozev

Acting Deputy Registrar

President