Country
Ukraine
Sources
InforMEA
Tagging
Administrative
Abstract
The case originated from the claim of International Public Organization "Environment.People.Law" against Cabinet of Ministers. Organization claimed that decision to provide land parcel (more than 27 hectares) of the regional landscape park "Granitte-Field Bug Region" for the needs of energy sector was unlawful, as it was not adopted under due legal procedure. On 28 June 2006 Cabinet of Ministers of Ukraine has ruled for changing the land parcel`s target of use from environmental protection to energy and providing it to the state company Energoatom, which is operating among others Tashliks'ka Pumped Storage Station, for creating on it reservoir for proper station operation. As mentioned land parcel was part of the regional landscape park, which according to law is specifically valuable land, it could be provided for other than environmental protection needs by Cabinet of Ministers of Ukraine only after approval of the parliament, Verhovna Rada. Cabinet of Ministers claimed that legal provisions do not contain clear obligation to seek for the parliament`s approval. Moreover, general procedure of state land acts` issuance assumes approval by a list of state bodies, including environmental authorities, which did not agreed with transferring of the land parcel to the energy needs. After legal analysys of the obstacles of the case and relevant legislation, the Court have decided that as there was certain procedure, which was not fully followed, decision of the Cabinet of Ministers of Ukraine was not lawful, which resulted into cancellation of state land acts. Also, the important thing is that Court in it`s motivation part mentioned that organization had the right to claim, even while the decision did not violate it`s rights directly. So by this decision court established the right to claim for every citizen or organization if they assume that environment is being endangered.