Economic activity on the territory of national nature parks must comply with their tasks - SC ACC

Economic activity that is not aimed at fulfilling the tasks assigned to national natural parks is allowed only in certain territories of the park's economic zone (settlements, communal facilities of the park, lands of other landowners and land users included in the park). In all other territories of the economic zone of national nature parks, only those economic activities are allowed that are aimed at fulfilling the tasks assigned to the park.

This conclusion was made by the Administrative Cassation Court of the Supreme Court.

The Prosecutor's Office on behalf of the state, represented by the State Ecological Inspectorate, filed a lawsuit against the Department of Environmental Protection of the regional state administration to declare unlawful the actions of issuing a permit for the special use of natural resources to an enterprise for industrial fishing within the national natural park. The Prosecutor's Office argued that the permit violated applicable law, as the park's objectives do not provide for commercial fishing by third parties on its territory, and the territory's regime does not contain any rules on such use of natural resources.

The court of first instance granted the claim. The court of appeal overturned this decision and dismissed the claim. The Administrative Cassation Court of the Supreme Court cancelled the decision of the court of appeal and upheld the decision of the court of first instance, which declared the issuance of a permit for commercial fishing in the national natural park illegal.

The Supreme Court noted that since the Law of Ukraine ‘On the Nature Reserve Fund of Ukraine’ and the Regulations on the National Nature Park do not provide for the park to be entrusted with the task of ensuring that economic activities related to commercial fishing of aquatic bioresources by third parties are carried out on its territory, the actions of the Department of Environmental Protection in issuing the disputed permit are unlawful.

Resolution of the Supreme Court of 7 February 2025 in case No. 280/2222/22 (proceedings No. K/990/22754/23) - https://reyestr.court.gov.ua/Review/125012036.

This and other legal opinions of the Supreme Court are available in the Database of Legal Positions of the Supreme Court - https://lpd.court.gov.ua.