Shcherbyna and Others v. Ukraine

FIFTH SECTION

Application no. 30798/21 Andriy Vasylyovych SHCHERBYNA against Ukraine and 2 other applications

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 13 June 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 applicants’ complaints under Article 6 § 1 of the Convention concerning the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letters.

By letters dated 4 September 2023, sent through the Court’s Electronic Communication Service (eComms), the applicants were notified that the period allowed for submission of their observations had expired and that no extension of time had been requested. The applicants’ 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 applicants downloaded these letters on the eComms platform on different dates, as indicated in the appended table. However, no response has followed.

THE LAW

Having regard to the similar procedural conduct of the applicants, the Court finds it appropriate to examine the applications jointly in a single decision.

In the light of the foregoing, the Court concludes that the applicants may be regarded as no longer wishing to pursue the applications (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 applications.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

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

Done in English and notified in writing on 4 July 2024.

Viktoriya Maradudina Carlo Ranzoni Acting Deputy Registrar President

APPENDIX

List of applications

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name

Complaints communicated

Date of sending

Government’s

observations to

the applicant

Date of the

Court strike-out warning letter

Date when the Court strike-out warning letter was download by the applicant

30798/21

11/06/2021

Andriy Vasylyovych SHCHERBYNA 1988

Mykola Vasylyovych DEMCHYSHYN

absence of prosecuting party in administrative-offence proceedings ( Karelin v. Russia ,

no. 926/08, §§ 51-57,

20 September 2016 and Mikhaylova v. Ukraine ,

§§ 61-67, no. 10644/08,

6 March 2018)

30/03/2023

04/09/2023

15/09/2023

27900/22

05/05/2022

Mykhaylo Romanovych DROBNITSKYY 1961

15/05/2023

13/09/2023

37223/22

11/07/2022

Nazariy Vitaliyovych UZUN 1997

06/06/2023

13/09/2023