Essence of the case: ensuring the proper functioning of the nature reserve as a separate legal entity, which is part of the nature reserve fund of Ukraine, is protected as a national heritage site owned by the people of Ukraine.
Region: Ukraine, Cherkasy region, Kaniv
Essence of the problem: The Kaniv Nature Reserve was illegally removed from the network of financing and reporting of the Ministry of Education and Science of Ukraine as a separate legal entity, and was included in the structural unit of the Kyiv National Taras Shevchenko University.
Parties: The Ministry of Education and Science of Ukraine, the Taras Shevchenko National University of Kyiv, the Kaniv Nature Reserve, the Ministry of Environment and Natural Resources of Ukraine.
1. The Kaniv Nature Reserve was illegally withdrawn from the network of financing and reporting of the Ministry of Education and Science of Ukraine as a separate legal entity, and became a structural unit of the Taras Shevchenko National University of Kyiv (the educational-scientific center “Institute of Biology” without status of a legal entity). Such a decision was declared by the University`s order of 31.05.2010, number 414-32.
This Order also envisages the following actions:
– transferring fixed assets, other tangible and intangible assets of the Kaniv Nature Reserve to the assets register of the University;
– closing the accounts opened for the Kaniv Reserve and transferring the funds into accounts opened by the university;
– carrying out re-registration of cars transmitted from the Kaniv Nature Reserve in accordance with the procedure established by law;
– transferring employees to the educational-scientific center “Institute of Biology” in the manner prescribed by law, etc.
The aforementioned Order violates requirements of the law, in particular Part 4 of Art. 5, Art. 15, art. 12 of the Law of Ukraine “On the Nature Reserve Fund of Ukraine” which regulate functioning of the reserve as a separate legal entity with its own land, bank accounts, own property which are needed to ensure proper protection of protected area.
2. The right for using the land of the reserve was illegally changed from the Reserve to the University. It violates Part 2 of Art. 15 of the Law of Ukraine “On the Nature Reserve Fund of Ukraine”, according to which the land should be owned by the reserve.
The Kaniv Nature Reserve cannot extend its territories as envisaged by the Presidential Decree because the University is limiting its functions and tries to take over the lands of the reserve.
3. Inactivity of the Ministry of Education and Science of Ukraine
The Ministry of Education has not taken any measures to stop the violations and ensure proper functioning and financing of the Kaniv Nature Reserve as a separate legal entity.