On 15 February 2018, the final decision in EPL’s case regarding the ploughing of the landscape reserve “Tarutynski steppe” was adopted. The decision of the Supreme Economic Court upheld the decisions of the courts of the first and appellate courts that invalidated the contract № 5 -2016 of 13.07.2016 “On the cultivation of agricultural crops” concluded between the private enterprise “Chance-2016” and Bilhorod-Dniester housing and exploitation service of the district.
Back in November 2016, the Tarutynski Steppe Reserve was ploughed. The result of such actions is the destruction of more than 900 hectares of particularly valuable steppe areas. The reason for the ploughing was the agreement concluded between Bilhorod-Dniester hounsing and exploitation service (structural unit of the Ministry of Defense of Ukraine) and private company “Chance” on growing crops on the land plot belonging to reserve lands of the Veselodolynska village council of Tarutyno district were “Tarutynski steppe” nature reserve is located. Thus, according to Art. 13 of the Constitution of Ukraine, the Ministry of Defense of Ukraine having no relevant authority used the people’s property for the purpose of obtaining profits which had not been accounted for before the court proceedings.
The consequence of this court decision is the fact that the private company “Chance” has the right to demand from Housing and exploitation service reimbursement of all costs including demining of the territory, ploughing, return of all payments.
Moreover, because as a result of invalid legal action, the losses and moral damage were caused to the second or third party (and this is Tarutyno district state administration), they are subject to compensation by the guilty party.