Kolodyazhnyy v. Ukraine

FIFTH SECTION

Application no. 53812/08 Andriy Oleksandrovych KOLODYAZHNYY against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 21 January 2014 as a Committee composed of:

Boštjan M. Zupančič, President, Ann Power-Forde, Helena Jäderblom, judges, and Stephen Phillips, Deputy Section Registrar,

Having regard to the above application lodged on 24 October 2008,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Andriy Oleksandrovych Kolodyazhnyy, is a Ukrainian national, who was born in 1982 and lives in Shostka.

The Ukrainian Government (“the Government”) were represented by their Acting Agent, Ms Olga Davydchuk.

The applicant complained, in particular, under Article 2 of Protocol No. 7 to the Convention about the lack of an ordinary appeal procedure in the administrative offence proceedings against him.

Following the communication of the above complaint to the Government, on 25 November 2013 they submitted to the Registry their observations on the admissibility and merits of the application.

However, meanwhile, on 4 November 2013, the applicant had informed the Registry that he wanted to withdraw the application and requested the Court to strike it out of its list of cases.

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 or its Protocols, 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.

Stephen Phillips Boštjan M. Zupančič Deputy Registrar President