On October 22, 2013 the Kiev Appeal Administrative Court left in force the decision of the District administrative court of Kyiv dated 13.08.2013 which left the EPL suit without consideration due to the expiration of the 6-months limitation period.
Back in May 2013 EPL filed a suit to administrative court against the Ministry of energy and coal industry of Ukraine challenging their actions on preparation of law draft “On placement, projecting and construction of blocks 3 and 4 at KhNPP” . The court of the first instance adopted the decision noting that EPL suit filed in May 2013 consist the expiration of the limitation period due to the fact that the law itself was adopted by the parliament on September, 6, 2012.The plaintiff mentioned that the subject of the suit is not the law itself, but the actions of the defendant during the drafting of the law, but this argument was rejected by the court. EPL stated that the information on the violations during law preparation was not evident and open, thus EPL was not able to find out about the violations mentioned in the suit by the analysis of the text of the published law. Thus, EPL found out the fact of the violations after sending informational requests to the parliament of Ukraine and to the defendant.
Unfortunately, courts were reluctant to consider the merits of the case, thus the legality of the construction of two nuclear reactors at KhNPP should be considered by different forums or institutions.
