The State Office of Public Prosecutor lost the suit for Granitno - Steppe Pobuzhye

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On November 9, 2009 meeting of appeal instance in court on business "Ecology - the right - the person" (EPCh) against the Prosecutor General's Office took place. The court confirmed illegality of actions of the Prosecutor General's Office of Ukraine by consideration of the complaint of EPCh in rather reserved Granitno's campaign - Steppe Pobuzhya.

Today's victory - important part of long process which some years last. It is a question of the conflict between Granitno's regional landscape park - Steppe Pobuzhye who is in Nikolayevshchina, and NAEK Energoatom.

The last completes Tashlyksuyu hydroaccumulating stations in. The southern Bug, "The Ukrainian forestry specialist" reports.

Public campaign on Granitno's protection - Steppe Pobuzhya is one of the most powerful among all which act in Ukraine. The Regional Landscape Park (RLP) of Granitno - Steppe Pobuzhye is one of the most outstanding nature protection objects of Ukraine. It was created on March 18 in 1994 and in the next years repeatedly extended. In 2009 on the basis of Granitno's RLP - Steppe Pobuzhya the Ukraine's first steppe national natural park "Bugsky Gard" is created, than the special attention to this territory of the President of Ukraine is caused. Also, in 2008 of Granitno - Steppe Pobuzhye got to the seven of natural miracles of Ukraine.

In 2006. The Nikolaev regional council withdrew from structure of lands of RLP of 27 hectares of reserved lands for requirements of power after these lands are provided by the Resolution of the Cabinet of Ukraine in continuous using of NAEK "Energoatom" for requirements of power. In 2006 of EPCh addressed to the Prosecutor General's Office of Ukraine with the complaint to illegality of the Resolution as the decision of the government was made with violation of an order of coordination of such land questions and the Land code of Ukraine. However the prosecutor's office reacted as does in most cases - отписала supposedly violations aren't present.

In response to this EPCh also appealed to court (in 2006) with the requirement to recognize actions of the Prosecutor General's Office illegal and to oblige it to carry out appropriate consideration of the complaint. Since then legality of requirements of EPCh was twice confirmed with vessels of the first instance in 2007 and 2008. However the State Office of Public Prosecutor in every possible way evaded from recognition of the fault, tightened business and appealed to the supreme courts.

The decision of appellate court can be considered as the main victory for RLP. Now the State Office of Public Prosecutor has to carry out an appropriate inspection of legality of the Resolution KMU on granting lands. At best, the State Office of Public Prosecutor will be able to protest the Resolution. The tragic moment is that 27 hectares of lands of RLP which long process concerns, are already flooded now with waters of the Aleksandrovsky reservoir of Tashlyksky pumped storage power plant. However, in case of flooding elimination, coastal natural complexes will be able to renew during the short period.

The today's decision is important precedent for formalism and negligence eradication in consideration of addresses by the Ukrainian prosecutors and demonstrates, what even the Prosecutor General's Office can break laws which also looks after.


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