On the eve of the World Environment Day which is celebrated on June 5, 3.06.2009. The board of judges of the Supreme Administrative court of Ukraine made the decision in favor of Antonina Galkina and Alexander Malitsky who had legal proceedings with the Nikolaev regional council and NAEK "Energoatom" in the person Yuzhno - the Ukrainian nuclear power plant.
Dispute subject - 27,72 hectares of the territory of regional landscape park "Granitno — Steppe Pobuzhye" who of July 6, 2006 are withdrawn by the decision No. 10 of regional council under tail part of the Aleksandrovsky reservoir on the river the Southern Bug that is part of the South Ukrainian power complex.
The long way to this judgment began with that representatives of the nature protection public tried to convince deputies of regional council not to make this decision.
The main arguments against it were - discrepancy to the legislation of Ukraine, violation of the international obligations of our state, drawing irreparable harm of this unique district, negative influence on quality of drinking water in понизовье the Southern Bug, threat of floodings in the future.
However, without reckoning with the adduced arguments, deputies nevertheless supported the offer of nuclear department.
On July 24, 2006, not only protecting the right guaranteed by the Constitution of Ukraine on safe for life and health environment, but also carrying out a duty - world-wide to protect the earth, air space, hydrogen and other natural resources as a fundamental principle of the life and life of society, Galkina and Malitsky appealed to court with the claim about cancellation of the decision of regional council. Their interests were represented by the ecologist - the lawyer of MBO "Ecology — the Right — the Person" Olga Melen who is the winner of 2006 of the Ecological Award of Goldman greatest in the world.
On January 22, 2007 the court of the first instance confirmed that the disputable decision violates the right of inhabitants for participation in development and implementation of actions for protection of surrounding environment, rational and complex use of natural resources / in this case - through the representatives - deputies of the Nikolaev regional council/, and also on implementation of the general use of natural resources.
Also the court recognized that the appealed decision isn't neither lawful, nor reasonable, sane and cancelled the decision of the Nikolaev regional Council No. 10 of June 6, 2005 "About withdrawal of the land plots".
The Nikolaev regional council and NAEK "Energoatom" disagreed with a judgment about cancellation of the decision of regional council and made appeal complaints.
Unfortunately, the Odessa appellate administrative court didn't study honestly and comprehensively case papers, cancelled a judgment of the first instance.
And here, after Galkina and Malitsky's cassation address, on June 3, 2009 the Supreme Administrative court of Ukraine cancelled the decision of the Odessa court and directed business on new consideration.