Gerasymenko and Malookov v. Ukraine

FIFTH SECTION

Applications nos. 40381/15 and 8286/16 Larysa Pavlivna GERASYMENKO against Ukraine and Vladyslav Yuriyovych MALOOKOV against Ukraine

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 16 May 2024 as a Committee composed of:

Carlo Ranzoni , President , Mārtiņš Mits, María Elósegui , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix.

The applications concern the invalidation of the applicants’ titles to certain property following a request by the prosecutor; the property was returned to the State. In that respect the applicants complained under Articles 6 and 13 of the Convention, as well as under Article 1 of Protocol No. 1.

The Court’s attempts to reach the applicants or the person whom the second applicant had designated as his representative and contact person by phone and email, indicated in the application forms, were unsuccessful.

The Court’s letters sent in January 2024 by registered post to the applicants’ and the representative’s addresses returned as undelivered.

With this, the Court has no other possibility to reach the applicants.

The applicants themselves have not contacted the Court since March 2021 and April 2020, respectively.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 applications (see Bryska and Others v Ukraine [Committee] (dec.), nos. 11706/13 and 5 others, 2 November 2023 and Zhadan and Others v Ukraine [Committee] (dec.), no. 29283/13 and 26 others, 14 December 2023).

Accordingly, the cases should be struck out of the list.

The Court reiterates that under Article 37 § 2 of the Convention it may decide to restore an application to its list of cases if it considers that the circumstances justify such a course.

For these reasons, the Court, unanimously,

Decides to join the applications;

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

Done in English and notified in writing on 6 June 2024.

Viktoriya Maradudina Carlo Ranzoni Acting Deputy Registrar President

APPENDIX

List of applications

No

Application no.

Case name

Lodged on

Applicant Year of Birth

Representative

1.

40381/15

Gerasymenko v. Ukraine

07/08/2015

Larysa Pavlivna GERASYMENKO 1962

2.

8286/16

Malookov v. Ukraine

11/04/2016

Vladyslav Yuriyovych MALOOKOV 1972

G.A. VODOPIAN

Solone, Dnipropetrovsk Region