The essence of the case:
preservation of specially valuable wetlands of international importance from construction and other illegal activities and legal support of the activities of National Park ” Tuzlowski lymany “.
The essence of the problem:
National park ” Tuzlowski lymany ” was created to protect specially valuable Ramsar lands – the system of lakes Alibey-Shagany-Burnas, which are separated from the Black Sea by a sandy spit (overflow) 36 km long, which contains a natural armhole. The local population and officials of Odesa region systematically violate the rules of extraction of natural resources within the national park (fish, reeds) and built a sandy spit, which caused damage to the NP and violated its environmental regime.
Parties: Cabinet of Ministers of Ukraine, State Architectural-Building Inspection (DABI), Ministry of Ecology and Natural Resources of Ukraine, Department of Ecology and Natural Resources of Odessa Regional State Administration, NP ” Tuzlowski lymany “, EPL.
Key facts:
The Black Sea spit is part of the “Tuzlowski lymany” National Park, which also includes the waters of Lakes Burnas, Alibey, Hadzhider, Shagany, Karachaus, Maly Sasyk and Dzhantsheyske, estuarine wetlands of the rivers Alkali, Hadzhider and small rivers, lakes Shagany and Karachaus, forest tract Lebedivka.
Since 1995, by the Resolution of the Cabinet of Ministers of Ukraine of November 23, 1995, № 935 Shagany-Alibey-Burnas wetlands have been included in the list of wetlands of international importance in accordance with the criteria of the Ramsar Convention. By the Decree of the President of Ukraine of January 1, 2010 № 1/2010 the National park “Tuzlowski lymany” was created in Tatarbunarskuy district. It encompassed one third of all Black Sea beaches (resort Raseika, villages Primorskoe and Katranka, village Lyman, resort Lebedivka) which are located in ecologically clean territory of Odessa region.
The creation of a national park and granting of protected area status was believed to assist in preservation of these unique areas and ensure constant scientific observation, timely response to negative degradation trends and the ability to halt them.
Instead, after obtaining of the status of protected area, this area faced the most serious offenses: destruction of coastal areas of estuaries, fires (coastal strips were repeatedly set on fire last year), destruction of greenery, poaching (hunting in protected areas is prohibited by law), mowing of reeds.
Litigation at the national level
EPL v. DABI of Ukraine on the declaration of inaction illegal and the obligation to take actions
In 2016 EPL filed a lawsuit asking to declare illegal the inaction of the State Architectural and Building Inspection of Ukraine in monitoring compliance with urban legislation during the constructions on a sandy beach (Black Sea Spit) between the Black Sea and Burnas estuary and to oblige the defendant to issue an order for the demolition of illegally constructed objects on the Black Sea spit and file a lawsuit in case of non-compliance with the order.
By the court decision dated on 08.12.2020 (http://www.reyestr.court.gov.ua/Review/71241596) the law suit of the International Charitable Organization “Environment-People-Law” was partially satisfied.
The inaction of the DABI of Ukraine while performing their controlling activities during the constructions on the sandy beach and spit (Black Sea spit) between the Black Sea and the Burnas estuary was declared as illegal. Other claim was dismissed.
