Umanets and Others v. Ukraine

FIFTH SECTION

Application no. 13116/21 Pavlo Petrovych UMANETS against Ukraine and 5 other applications

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 7 November 2024 as a Committee composed of:

Diana Sârcu , President , Kateřina Šimáčková, Mykola Gnatovskyy , 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 the Convention 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 (see the appended table for the relevant dates). No reply was received by the Court.

By letters dated 15 March and 24 June 2024, sent through the Court’s Electronic Communication Service (eComms) and by registered post, 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. No reply followed.

THE LAW

Having regard to the similar procedural conduct of the applicant party, 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 applications out of its list of cases.

Done in English and notified in writing on 28 November 2024.

Viktoriya Maradudina Diana Sârcu Acting Deputy Registrar President

APPENDIX

List of applications

No.

Application no.

Introduction date

Applicant 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 of receipt

1.

13116/21

19/02/2021

Pavlo Petrovych

UMANETS 1985

Art. 6 § 1 - lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings

15/05/2023

(by eComms)

15/03/2024

(by registered post)

-

received on 08/05/2024

2.

1774/22

20/12/2021

Andriy Gulmuradovych MIRZEKHANOV 1966

Tamara Mykolayivna VORONENKO

Art. 6 § 1 - lack of fairness of the proceedings - failure to notify the applicant of the other party’s submissions.

15/05/2023

(by eComms)

15/03/2024

(by registered post)

and

24/06/2024

(by registered post)

-

received on 16/07/2024

3.

38093/22

19/07/2022

Renat Restamovych PRYADUN 1983

Art. 6 § 1 - lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings

06/06/2023

(by eComms)

04/09/2023

(by eComms)

-

downloaded on 04/06/2024

4.

53783/22

26/10/2022

Volodymyr Stepanovych ZHEREBETSKYY 1988

Yaromyr Volodymyrovych TSIMURA

Art. 6 § 1 - lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings.

19/07/2023

(by eComms)

24/06/2024

(by registered post)

-

received on 11/07/2024

5.

4168/23

30/12/2022

Yuriy Mykolayovych

RADIN 1978

Art. 5 § 1 – right to liberty/deprivation of liberty - no legal basis for arrest without a prior court decision.

20/09/2023

(by eComms)

15/03/2024

(by registered post)

-

received on 17/05/2024

6.

11541/23

10/02/2023

Stanislav Valeriyovych BALUTA 1990

Art. 5 § 3 – excessive length of pre-trial detention.

17/10/2023

(by eComms)

15/03/2024

(by registered post)

-

returned to the Court on 06/06/2024 as unclaimed