RSL: Around the war of residents of the village Velikodolinskoe with the company LLC "Agro-Dolina"

10 November 2018, 14:41 | Ukraine
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GASK discovered the unauthorized construction of AGRO-VALLEY as early as August, imposed a fine of 681 thousand UAH / RSL and refused to provide the public with the document, giving the violator time for judicial appeal “quietly” 5 months passed since the residents of Velikodolinskoe appealed to a public organization “ Rada Gromadsko ї Bezpeki "with a request to help stop the agrogenocide of the elevator LLC Agro-Dolina" (https: // rgb-ua. com / zvity / 14245-1 /, June 13, 2018. For several years, the villagers tried to cope on their own, reporting violations of the local police and administration, but received replies and refusals. Moreover, even after the involvement of several public organizations of Odessa, dozens of queries and the first response of the OGAA to the struggle. 07. 2018) that LLC Agro-Dolina did not receive permits from the regional Department of Ecology and Natural Resources (special water use, permission to emit pollutants into the atmospheric air from stationary sources, the conclusion of the state environmental impact assessment, the conclusion of the environmental impact assessment), the RSL Receives a response from the Ovidiopolsky police department of the state institution NP in the Odessa region No. m48 / G-748 dated 28. 08. 2018 r. no violations. Also, local police in a new police uniform report that during 2016-2018. the local police station on this occasion was registered 7 complaints of citizens, and repeated requests are not accepted because the issue is resolved in fact - no violations. Next, the signature and. Head of the Police Department Afanasyev, who replaces Gerasimenko (https: // rgb-ua. com / zvity / 15011 /).

Along with violations of environmental pollution - noise pollution and emissions of pollutants - statements describing violations of the RSL were sent to the Department of the State Architectural and Construction Inspection in the Odessa region (hereinafter referred to as GASK), where it was noted that according to the Order of the Ministry of Health of Ukraine on the approval of State Sanitary Planning Rules and construction of settlements "elevators belong to class IV. However, the management of Agro-Dolina LLC announced the presence of an elevator only in advertising - only warehouse premises were in the documents. In turn, in the letter of the RSL it was noted that for constructions of class IV the sanitary protection zone is 100 m, while the actual distance from the territory of LLC Agro-Dolina to adjacent residential houses is less than 20 m.

The violation of the building standards of the RSL was reported by the State Architectural and Construction Committee by letter No. II-418 of 11. 07. 2018. (https: // rgb-ua. com / zvity / zayava-pro-provedennya-perevirky-tov-agro-dolyna-v-dabi-prokuraturu-ovidiopolskogo-rajonu-ta-odeskoyi-oblasti /). Traditionally, the public letter did not make the proper impression, and as a response, formal replies or redirections to other institutions were received.. While GASK ignored the answer, Velikodolinsky village council letter No. 07 / 6-628 of July 12, 2018. reported that she was not competent in the placement and regulation of the enterprise located in their territory. At the same time, the village council reported on the availability of a master plan combined with the zoning plan of the village Velikodolinskoe (Decision No. 143-VII of 05. 05. 2016. ), according to which the Velikodolinsky village council established a sanitary protection strip of 50 m. Consequently, while GASK turned a blind eye to the presence of unregistered structures, and the local authorities and the police did not look at the facts of work and pollution of the village by an unregistered elevator, the same local authority represented by the Velikodolinsky village council registered a favorable sanitary protection zone for the “storage facilities” of the Elevator “Agro- Valley "(https: // rgb-ua. com / zvity / 14634 /).

It is in this way that corrupt officials of all links and subordinations wind up the ball of their egregious violations, which are quite difficult to unravel. However, it is possible, if the community acts as a united front, and also attracts to support the public. This was proven in court - the State Ecological Inspectorate in the Odessa region, together with the local residents of the village of Velikodolinskoe and with the support of the RSL, won a lawsuit against Agro-Dolina LLC. So, on October 5, 2018. , After 4 months of writing complaints, statements and pickets, the Odessa District Administrative Court decided to stop the activities of Agro Dolina LLC before receiving the conclusions of experts in the field of special water use and emissions of pollutants into the air - https: // rgb-ua. com / zvity / 15022 /, https: // www. youtube. com / watch? v = l3SJXb7YYW4, https: // rgb-ua. com / zvity / rishennya-sudu-u-spravi-agrogenotsydu-tov-agro-dolyna /. Traditionally, considering how the law is violated in our country by bribe takers and bribe takers, the illegal elevator continued to work even after a court decision.

But the public and its residents continued to fight for normal living conditions for a large settlement of the Odessa region.. With the requirement of a scheduled inspection, an appeal was sent to the Ministry of Ecology and Natural Resources and directly the Department of Environmental Safety and Permitting and Licensing Activities of the MENR - https: // rgb-ua. com / zvity / 15027 /. Previously, information about the state of unsatisfactory environmental situation in the town of Velikodolinskoe was sent by the RSL to the State Service of Ukraine for food safety and consumer protection in the Odessa region, to which the latter provided the answer that according to the requirements of art.. 6 of the Law of Ukraine "On the Basic Principles of State Supervision (Control) in the Sphere of Economic Activity", this institution sent inquiry No. 4895/04/18 of 15. 06. 2018. to the address of the Ministry of Health of Ukraine regarding obtaining consent for the implementation of an unscheduled event of state supervision (control) in relation to the business entity LLC Agro-Dolina (https: // rgb-ua. com / zvity / 14642 /). The RSL did not inform the RSH about the results of the check, if the Ministry of Health approved and it really took place..

Now back to the violations of urban planning and the absence of an elevator in the permitting / title documentation. October 9, 2018 RSL appealed to the GASK in the Odessa region with the request number ІІ-471 for a copy of the Order number 118P from 13. 07. 2018. and the Decree on the imposition of a fine for offenses in the field of urban planning activity No. 79 / 1015-05 / 1-7899 regarding Agro-Dolina LLC. Nevertheless, contrary to article. 3 of the Law "On Access to Public Information" Deputy Director of the Department of SJSIC in the Odessa region Gayvoronsky S. refused to satisfy the request of the RSL, citing the fact that, in accordance with the letter of 03. 09. 2018. No. 03 / 09-3 LLC Agro-Dolina requested not to disclose information about the activities of the state architectural and construction control performed in relation to this enterprise ”. After receiving a response with flagrant violations of the law and the obligations of the public information manager, to provide it upon request, on November 7, the RSL sent a complaint to the Prosecutor's Office- https: // rgb-ua. com / zvity / skarga-na-bezpidstavnu-vidmovu-u-zadovolenni-zapytu-na-informatsiyu /. In turn, on November 8, representatives of a public organization announced a picket to the GASK in order to draw attention to the concealment of violations by LLC Agro-Dolina, which is probably not an exception - many objects in the Odessa region were built with violations of architectural and construction standards.

As a result, on the day of the announced action, the resolution document was found (!). Representatives of the RSL signed by the new Director of Department B. Buyukli provided a copy of the order of 13. 07. 2018 No. 118P for unscheduled inspection of OOO Agro-Dolina and the decision to impose a fine for offenses in the field of urban planning from 10. 08. 2018 № 79 / 1015-05 / 1-7899. So, according to the results of the audit, the Department found:.

"Officials of the Department carried out a trip to the address: Odessa region, Ovidiopolsky district, town of Velikodolinskoe, ul.. Mizikevicha, 58A, according to the results of which it was found that at the above-mentioned address of Agro-Dolina LLC a non-production building with eight towers arranged for it was built without permission. The fact of illegally constructed structures is indicated by the lack of information about them in the technical inventory passport of 14. 02. 2017, issued by the Law Firm “AS LEGAL”, is also missing information on these structures in the Information Certificate from the State Register of Rights to Immovable Property and Registration of Title to Immovable Property ... In accordance with DSTU-NB B. 2-16: 2013 "Definition of the class of consequences (responsibility) and the category of complexity of construction objects" the above structures belong to the class of consequences of CC2. It should be noted that tanks for oil and oil products belong to the same category, as well as military warehouses — https: // licenzia. org. ua / budivelna-litsenziya-klas-naslidkiv-ss2 /.

Also, according to the data of the unified register of documents giving the right to carry out preparatory and construction works and evidence of the commissioning of completed construction projects, information on returning for revision, refusal to issue, cancellation and cancellation of these documents (hereinafter referred to as the Unified Register), there is no information on issuing or registration of permits at the above address, thus LLC Agro-Dolina violated the requirements of. 27 of the Procedure for the implementation of preparatory and construction works, approved by the Resolution of the Cabinet of Ministers of Ukraine of 13. 04. 2011 № 466 and Article. 37 of the Law of Ukraine "On the regulation of construction activities".

Finally, residents of Velikodolinskoe and the public received a decree of GASK, which, in a letter of 03. 09. 2018 r. No. 03 / 09-3 LLC Agro-Dolina requested (!) Not to disclose. So, I agree Resolution No. 79 / 1015-05 / 1-7899 of 10. 08. 2018 The Department of GASK in the Odessa region decided:.

To recognize LLC Agro-Dolina as guilty of an offense, as provided for in par.. 1 p. 3 hours. 2 st. 2 of the Law of Ukraine "On liability for offenses in the field of urban planning", and impose a fine in the amount of 681’170 UAH.

WHY DID THE GASK WANT TO PROVIDE THE DECISION?.

On October 17, 2018, a court hearing was scheduled in the Odessa Regional Administrative Court on the suit of LLC Agro-Dolina in GASK in the Odessa region. The lawyers of the RSL tracked the courts with the participation of the agro-enterprise, so they arrived at the court that day to follow the course of events.. Considering that, probably, between GASK and the violating enterprise there were agreements, they did not like the presence of representatives of the RSL at the court - the court was moved. (Was there an agreement with the judge?) It is known that the meeting was postponed to 26. eleven. 2018 at 10:45, Judge Tarasishin Oh. - https: // adm. od. court. gov. ua / sud1570 / gromadyanam / cases? fbclid = IwAR1Innwoh3quTRklJSFpl5fvsjxVCU3JNl7NIJQz8G67BpnrFp9CPiKEE8I. The essence of the claim is as follows: LLC Agro-Dolina is suing for declaring illegal order No. 118 P dated 13. 07. 2018. Recall that this order after the appeal of the RSL and the resolution of the RSA was the beginning of an unscheduled inspection, revealed violations - a self-willedly constructed non-production building with eight towers arranged for it and the lack of information about issuing or registering permits at the above address.




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