SECOND SECTION

DECISION

Application no. 3266/03 
by Larysa Mykolayivna VYNOKUROVA 
against Ukraine

The European Court of Human Rights (Second Section), sitting on 8 November 2005 as a Chamber composed of:

Mr J.-P. Costa, President
 Mr I. Cabral Barreto
 Mr V. Butkevych
 Mrs A. Mularoni
 Mrs E. Fura-Sandström
 Ms D. Jočienė, 
 Mr D. Popović, judges
and Mr S. Naismith, Deputy Section Registrar,

Having regard to the above application lodged on 19 December 2002,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mrs Larysa Mykolayivna Vynokurova, is a Ukrainian national, who was born in 1963 and currently resides in the city of Kyrovograd, Ukraine. She is represented before the Court by Mr Andriy Vasylyovych Boridchenko.

The facts of the case, as submitted by the parties, may be summarised as follows.

The applicant is a private entrepreneur. On 26 December 2001 the Leninsky District Court of Kyrovograd ordered the Tax Police of the Kyrovograd Regional State Tax Inspection to pay the applicant UAH 28,7701 in compensation. This decision was not appealed against and became final on 26 January 2002.

On 26 June 2002 the applicant lodged with the Kirovskyi District Court of Kyrovograd an administrative law complaint against the State Treasury of Ukraine for failure to enforce the judgment in her favour. On 17 July 2002 the court refused to consider the applicant’s complaint as it was outside its jurisdiction.

According to the Government, the judgment in the applicant’s favour was not enforced due to its unclear wording and the changes in the Law on the State Budget.

COMPLAINT

The applicant complained under Article 6 § 1 of the Convention about the non-enforcement of the judgment of the Leninsky District Court of Kyrovograd of 26 December 2001.

THE LAW

Notice of the application was given to the Government, who submitted their observations on the admissibility and merits of the applicant’s complaint on 6 February 2004. On 2 March 2004 the applicant was invited to submit her observations in reply. However, the Court notes that the applicant has failed to do so. By two separate letters of 17 March 2005 sent to the addresses of the applicant and her representative, the Court warned them of the possibility that the applicant’s case might be struck out of the Court’s list. On 4 May 2005 the letter of 17 March 2005 was returned as the applicant was no longer at that address. The applicant’s representative has neither responded to the letter of 17 March 2005 nor corresponded with the Court since 17 November 2003, the date on which the Court received the last letter from him.

Having regard to Article 37 § 1 (a) of the Convention, the Court concludes that the applicant does not intend to pursue the application. 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 its Protocols which require the examination of this application to be continued. Accordingly, the application of Article 29 § 3 of the Convention should be discontinued.

For these reasons, the Court unanimously

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

S. Naismith J.-P. Costa 
 Deputy Registrar President

1.  Around 4,687 euros.


VYNOKUROVA v. UKRAINE DECISION


VYNOKUROVA v. UKRAINE DECISION