Application no. 735/03
by Arkadiy Romanovych MATAYEV
The European Court of Human Rights (Second Section), sitting on 11 October 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 Mrs S. Dollé, Section Registrar,
Having regard to the above application lodged on 21 November 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 applicant, Mr Arkadiy Romanovych Matayev, was a Ukrainian national born in 1937, who died on 7 July 2005. He resided in the city of Kharkiv, Ukraine.
A. The circumstances of the case
The facts of the case, as submitted by the parties, may be summarised as follows.
In 2000 the applicant instituted proceedings in the Moskovsky District Court of Kharkiv against his employer, the State-owned “Serp I Molot” company, to recover salary arrears. On 4 October 2000 the court awarded the applicant UAH 31,398.571 in salary arrears and compensation.
On 5 November 2002 the Kharkiv Regional Commercial Court instituted bankruptcy proceedings against the debtor and prohibited the attachment of its property.
According to the Government, by 31 August 2004 the full amount of the judgment debt had been paid to the applicant. On the same day the enforcement proceedings were completed and the Bailiffs’ Service passed a resolution to this end.
The applicant complained under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1 about the non-enforcement of the judgment in his favour.
Notice of the application was given to the Government, who submitted their observations on the admissibility and merits of the applicant’s complaints on 18 February 2005. On 10 March 2005 the applicant was invited to submit his observations in reply. However, the Court notes that the applicant has failed to do so. Moreover, he has failed to respond to a registered letter dated 1 July 2005, warning him of the possibility that his case might be struck out of the Court’s list. It appears that the reason for the lack of reply is the applicant’s demise on 7 July 2005 (according to the letter of Mr Zaytsev to the Court in application no. 6713/03). The Court notes that no heirs have made themselves known to the Court, expressing a wish to pursue the application.
Having regard to Article 37 § 1 (a) of the Convention, the Court concludes that there is no one who intends 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. Dollé J.-P. Costa
MATAYEV v. UKRAINE DECISION
MATAYEV v. UKRAINE DECISION