CEDH · CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG — 15 février 2024

.s800EAC49 { font-size:12pt } .s2EF17D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:2pt } .sBB9EE52A { font-family:Arial } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sB9D5CABB { width:28.35pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s3AAE10DF { margin-top:14pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s3CA22BA { font-family:Arial; text-transform:uppercase } .s29100277 { font-family:Arial; font-weight:bold } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s84651E4E { margin-top:14pt; margin-left:14.2pt; margin-bottom:3pt; text-align:justify } .s69DCC830 { margin-top:36pt; margin-bottom:0pt } .sC986E16F { font-family:Arial; color:#ffffff } .sC646A315 { width:14.54pt; display:inline-block } .s56698C1A { width:138.1pt; display:inline-block } .s9852CA4C { width:7.54pt; display:inline-block } .s9E436411 { width:138.09pt; display:inline-block }   FIFTH SECTION DECISION Application no. 71548/13 Andriy Vasylyovych PAPEZHUK against Ukraine The European Court of Human Rights (Fifth Section), sitting on 15   February 2024 as a Committee composed of:   Mārtiņš Mits , President ,   Kateřina Šimáčková,   Mykola Gnatovskyy , judges , and Viktoriya Maradudina, Acting Deputy Section Registrar, Having regard to the above application lodged on 30   October 2013, Having deliberated, decides as follows: FACTS AND PROCEDURE The applicant, Mr Andriy Vasylyovych Papezhuk, was born in 1975. The applicant’s complaint under Article 1 of Protocol No. 1 to the Convention concerning a disproportionate sanction for a breach of custom rules was communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. By letter dated 28 September 2020, sent by registered post to the applicant’s address in Ukraine, the applicant was notified that the period allowed for submission of the requested authority form had expired on 22   July 2020 and that no extension of time had been requested. The applicant’s 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 respond followed, and the dispatch note was not returned to the Court. By letter dated 4 October 2023, sent by registered post to the applicant’s address in the United States of America, the applicant was again invited to submit the authority form, by 29 November 2023. The applicant’s attention was drawn again 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 intentional postal receipt states that “it was not possible to reach the recipient; the item was scanned on 24.10.2023. The item is either being delivered or being held for pick up.” No reply has been received by the Court to that letter. No other contact details are available in the casefile. The applicant has not been in contact with the Court since 2013. 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 and the Protocols thereto, 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. Done in English and notified in writing on 14 March 2024.     Viktoriya Maradudina   Mārtiņš Mits   Acting Deputy Registrar   President