“The Supreme Court of Ukraine confirmed the illegality of changing the purpose of land of the nature reserve fund for the creation of the National Military Memorial Cemetery. According to the court’s explanation, the current legislation contains a direct ban on the use of protected areas, water fund lands and residential development zones for the placement of this facility. Despite the established legal restrictions, the Kyiv Regional Military Administration made a decision on the use of protected lands”, — write on: ua.news
The Supreme Court of Ukraine confirmed the illegality of changing the purpose of land of the nature reserve fund for the creation of the National Military Memorial Cemetery.
According to the court’s explanation, the current legislation contains a direct ban on the use of protected areas, water fund lands and residential development zones for the placement of this facility. Despite the established legal restrictions, the Kyiv Regional Military Administration made a decision to use the protected lands for a memorial, which was recognized as illegal by all levels of courts.
The court emphasized that the arrangement and location of the cemetery is clearly defined by a special law, which the Verkhovna Rada adopted to ensure a dignified honoring of the defenders. However, the same law prohibits violating environmental regulations and changing the status of nature conservation areas. Even in the conditions of repelling Russian aggression, state bodies are obliged to act exclusively within the limits of the Constitution and laws of Ukraine. The illegality of KOVA’s administrative decisions was confirmed by a set of evidence indicating the inconsistency of the officials’ actions with the approved urban planning documentation and environmental protection requirements.
Previously, the Ukrainian military reacted sharply to the decision of the Supreme Court, which recognized the illegal transfer of a plot of land for the National Memorial Cemetery. Defenders call it an insult to the memory of fallen brothers and call for an immediate review of the situation.
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