Since autumn 2016, EPL team has been advising residents of Tlumach district of Ivano-Frankivsk region, who learned of the decision of Tlumach District Administration №109 “On approval of the detailed plan of the territory outside the settlements of Hrushkivska, Havrylyatska, Hotymyrska village councils for building farm facilities on the farming land” adopted in February 2016.
The residents got alarmed by the information that one of the farms directed by Mr. Hordiychuk plans to build on their lands a pig farm with the capacity of 4,950 pigs a year or according to other data with the capacity of 12,000 pigs a year. Also, the farmer was reported to plan cooperation with the Danish company “Danosha”, which has been operating 7 pig farms in Frankivsk region. More than 10 years EPL has been helping residents of the villages where pig farms operate to defend their rights.
On 7 December 2016, advised by EPL lawyers, one of the activists of the village Tarasivka addressed the farm “Hordiychuk Ihor Hryhorovych” with a request for environmental information submitted according to the procedure prescribed by the Law of Ukraine “On Access to Public Information.” In the request he asked to disclose the following information: permits required for the operation of a pig farm near the village Hrushka that were granted to the farm “Hordiychuk Ihor Hryhorovych”; design data on the object; methods of collection and disposal of manure produced by the pig farm near the village Hrushka; the area of land owned or leased by the fram “Hordiychuk Ihor Hryhorovych”, methods of disposal of liquid manure; annual amount of water use; planned maintenance of the air ventilation system in the pig farm premises; availability of the exploration permit, permission to use subsoils (groundwater), permission for special water use of water resources, passport of the wells that were constructed for the needs of the pig farm.
In reply to the information request, the farm sent the letter of December 9, 2016, which did not contain a response to any of the above questions. The failure to provide requested information was substantiated by the fact that the director of the farm dis not consider himself the manager of this information.
This assertion was false. The farm misunderstood the legislation on access to public information, and the activist decided to file a lawsuit to request the information.
On January 24, 2017, assisted by EPL lawyers, the activist filed an administrative lawsuit to Ivano-Frankivsk Circuit Administrative Court, requested the court to declare illegal the failure of the defendant to respond to the information request of the plaintiff of 07.12. 2016 and oblige the farm “Hordiychuk Ihor Hryhorovych” to provide full response to the said request.
On February 21, 2017, the court ruled in favor of the plaintiff, fully satisfying the lawsuit and defending the right of the activist to obtain environmental information, disclosure of which is the obligation of the farm.
Interestingly, failure to disclose information on the activities of pig farms is not unique to this farmer, it is typical of “Danosha” company that ignores requests of citizens and EPL. It is also typical of “Lemberg-Agro” company, which was obliged by court to provide EPL with the information about planned operation of the pig farm in Duliby village. The tendency to secrecy and disregard for local population is observed all over Ukraine. That is why associations of pig farms protest against any legislative innovations concerning the openness of pig farms operation and the obligation to take into account the opinion of local population.
For further information please contact:
Nazar Shparyk
EPL lawyer
Tel. 032 2257682
