The Administrative Cassation Court of the Supreme Court overturned the decision of the District Council to extend the boundaries of the village at the expense of land belonging to the Tuzly Estuaries National Nature Park

The Administrative Cassation Court of the Supreme Court upheld the decision of the Administrative Court of Appeal to annul the decision of the Tatarbunary District Council of the Odesa Region to extend the boundaries of the village of Prymorske at the expense of the National Nature Park.

The Tuzly Estuaries National Nature Park asked the court to declare unlawful and annul the decision of the District Council "On the establishment of the boundaries of the village of Prymorske in the territory of the Prymorske Village Council of the Tatarbunary District of the Odesa Region" of 19 June 2020. This decision extended the boundaries of the village to an area of 1101.2074 hectares at the expense of land that had become part of the Tuzly Estuaries National Nature Park by presidential decree without being revoked. As a result, some of the land in the National Nature Park was transferred from state to municipal ownership.

The court of first instance dismissed the claim. The Court of Appeal overturned this decision and granted the claims.

The Supreme Court upheld the decision of the Court of Appeal, stating that the decision to extend the boundaries of the village at the expense of the land transferred to the nature park undoubtedly affects the rights, interests and obligations of the plaintiff as an environmental institution of national importance, which is part of the Nature Reserve Fund of Ukraine. Therefore, the plaintiff had the procedural right to go to court in order to preserve and protect valuable natural complexes and objects.

The Administrative Cassation Court of the Supreme Court also agreed with the conclusion of the Court of Appeal that the Tatarbunary District Council did not have the authority to dispose of state-owned land that had been included in the national natural park without withdrawal. These areas are under the management of local government authorities.

The Administrative Cassation Court of the Supreme Court stated that the Tuzly Estuaries National Nature Park is a budgetary, non-profit, environmental, recreational, cultural, educational, research institution of national importance, which is part of the Nature Reserve Fund of Ukraine and is protected as a national treasure, which is subject to a special regime of protection, reproduction and use.

The park was established for the purpose of preservation, restoration and rational use of unique natural complexes of wetlands of international importance as a habitat for waterbirds, as well as objects of the Northern Black Sea region of great ecological, scientific, historical, cultural, aesthetic, recreational and health significance.

In view of the above, the Supreme Court stated that since the decision adopted by the District Council was, of course, a strategic planning document directly related to environmental protection (in the context of understanding the main purpose of the creation and functioning of the National Nature Park as a nature conservation organisation) and urban development (taking into account the fact of inclusion of lands within the boundaries of Prymorske village that are part of the national natural park, with the possibility of further disposal of these lands by the local self-government body), this indicated that the provisions of the Law of Ukraine "On Strategic Environmental Assessment" applied to the said decision.

Resolution of the Supreme Court of August 18, 2023 in case No. 420/11076/20 - https://reyestr.court.gov.ua/Review/112904344.

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