The panel of judges of the Kyiv Economic Court of Appeal in the case No. 911/61/17 stated that artificial sand wash-over in Koncha-Zaspa is legal.
In the period from 2001 to 2008 in Koncha-Zaspa on the disputed territory between Kyiv and the Kyiv region, there was performed artificial sand wash-over for construction works on the land lots allocated by the Kozyn village council. The land lots were allocated on flood lands, which during spring floods are spawning grounds of Kaniv water reservoir. The decisions that were taken regarding the territory outside Kozyn village (the general plan of the village that expanded the territory of the village twice (for 600 hectares) including territory of Holosiyivskyi district of Kyiv) were rejected by Kyiv Regional Council and not approved by the city of Kyiv.
The land lot of “Zatyshne” Ltd (11 hectares) that is the subject of the litigation case No. 911/61/17 is located within the water area and the coastal protective lines of Lake Koncha. In view of this position, the Prosecutor’s Office of the Kyiv region appealed in court the lawfulness of allocation of the land for construction works.
At the same time, the panel of judges (Honcharov SA, Tyshchenko AI, Skrypka IM) declined the appeal of the Prosecutor’s Office of Kyiv region. The judges did not accept as valid arguments the facts about the absence of an approved project, the status of the lands, the power to make decisions on territories that are not part of the village lands and did not recognize the allocation of the land illegal. The decision of the court will be appealed to the High Economic Court of Ukraine.
International charitable organization “Environment-People-Law” urges journalists to pay attention to a number of trials initiated by the Kyiv Region Prosecutor’s Office challenging allocation of land lots by the Kozyn village council for sand wash-over in Kyiv and Kyiv region.
According to the project, the said territory was to become a part of the National Natural Park “Holosiyivskyi”. Upon returning the territory to state ownership, EPL is ready to prepare a petition for the expansion of the National Park.
Archive video of sand wash-over by “Zatyshok’ Ltd in 2005