The prosecutor's office will have legal proceedings with Alexey Garkusha

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On October 2, 2008, according to Art. 121 of the Constitution of Ukraine, the Art. of Art. 104, 117 of the Code of administrative legal proceedings of Ukraine, the Art. of Art. 1, 19 of the Law of Ukraine "About prosecutor's office", the prosecutor's office of area sent to the Central district court of Nikolaev two administrative claims about recognition nedeystvitetelny and cancellation of orders of the Nikolaev regional public administration No. 157-р and No. 158-р of 21.04.08 "About granting the wood lot in long-term temporary use to AAS and RICH AAS private enterprises, and also about stay of execution of the specified orders before hearing of cases in fact. About it reports a press - prosecutor's office service.

We will remind that on April 21 the current year the Nikolaev regional public administration two orders for No. 157-р and No. 158-р by which the timberland, of 8,7 hectares and 7,7 hectares respectively, in long-term temporary use at the expense of lands of forest fund is provided to AAS and RICH AAS private enterprises are accepted that are in continuous using of GP "Ochakov Lesookhotnichye Economy" in "Koblevo's" natural boundary and "Rybakovk's" natural boundary of the Berezansky forest area, for the recreational purposes and providing beach services for a period of 49 years.

At adoption of the specified orders the regional state administration referred only to standards of the Forest code of Ukraine and used only the concept "wood lot".

The prosecutor's office of area considers such interpretation of the legislation in this case unreasonable and incorrect in fact.

By public prosecutor's check it is established that the specified orders are taken out by the Nikolaev regional public administration with violation of requirements of the current legislation, namely a number of articles of Forest, Land, Water codes of Ukraine.

Thus, the orders the head of the Nikolaev regional public administration violated the right of an unlimited circle of people - numerous citizens on use of the right of the general water use as, the timberland at the expense of lands of forest fund, beaches (a coastal site) is transferred to the above-mentioned enterprises, than access of citizens not only to a coastal site, but also to the water area of the Black Sea is limited.

Considering the above, the prosecutor's office of the Nikolaev area took out on September 5, 2008 protests which on September 19 the current year were rejected by the Nikolaev regional public administration.

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