KUKOVYNETS v. UKRAINE

2026-05-07T00:00:00
  FIFTH SECTION DECISION Application no. 8283/20 Mykhaylo Grygorovych KUKOVYNETS against Ukraine The European Court of Human Rights (Fifth Section), sitting on 7 May 2026 as a Committee composed of:  Andreas Zünd, President,  Vahe Grigoryan,  Sébastien Biancheri, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having regard to the above application against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 29 January 2020, Having deliberated, decides as follows: FACTS AND PROCEDUREThe applicant, Mr Mykhaylo Grygorovych Kukovynets, was born in 2008 and lives in Tokmak, Zaporizhzhya Region, which is currently not controlled by Ukraine. The applicant was represented by Mr A.M. Seliverstov, a lawyer who has practiced in Tokmak at the material time. The last communication from the applicant was his application lodged on 29 January 2020, in which he complained about the alleged failure of the State to prevent, investigate and redress school violence in his respect. The applicant resides on the occupied territories of Ukraine, where Ukrainian or international postal services do not operate. On 18 November 2025 the applicant’s representative was requested to confirm whether the applicant maintained his application before the Court. His attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. However, the Court’s letter, sent through the Court’s Electronic Communication Service (eComms), was not downloaded by the applicant’s representative. The Registry’s numerous attempts to reach the applicant or his representative by telephone were unsuccessful. It follows that there is no effective contact with the applicant. THE LAWThe Court notes that all the available means to contact the applicant have been tried without success. The applicant did not provide the Court with any new contact information which could have allowed the Court to conduct further proceedings. 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 (see Bryska and Others v Ukraine [Committee] (dec.), nos. 11706/13 and 5 others, 2 November 2023, and Zhadan and Others v Ukraine [Committee] (dec.), nos. 29283/13 and 26 others, 14 December 2023). The Court, however, reiterates that under Article 37 § 2 of the Convention it may decide to restore the application to its list of cases if it considers that the circumstances justify such a course. 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 28 May 2026.    Viktoriya Maradudina Andreas Zünd  Acting Deputy Registrar President