ON VIOLATION OF NATIONAL ECOLOGIC LEGISLATION NORMS AND PROVISIONS OF AARHUS CONVENTION BY KHARKIV CITY CONCIL DURING THE ROAD CONSTRUCTION THROUGH GORKY PARK
Kharkiv city council approach to green spaces of the city is their reduction for more than 300 ha, assertedly because of superabundance of them.
1. Implementation of this project will increase the air pollution level . The new road through Gorky Park starts from Dynamivs’ka and Novgorods’ka streets and forms a threefold crossroad, and runs to Sumska str., with which it forms T-form crossroad (see Attachment 3: Extract from “Kharkiv city. Correction of schema of red lines of highways.”). Such location of the road does not unload city traffics, moreover, it certainly creates traffic jams on both of its ends. As the most intensive pollution is made on idle run, it increases level of the air pollution in the city.
2. In the process of this project preparation, public opinion was ignored, which contradicts with Aarhus convention . There was no public discussion of the project at all.
The statements of our local authorities that this project was discussed on the public hearings, concerned with development of the General Plan of the Kharkiv city are not true,because these hearings took part 27.06.2003 (see Attachement 1: extract from the Record of Public Hearings “Development of the General Plan of Kharkiv city to 2026. Conclusions on the present state of economics of the city. Proposals of he general directions of development of Kharkiv city to 2026.”). At that moment it was planned to build a road on a board of Gorky Park – from Novgorods’ka Str. to Vesnina Str. (см. Attachment 2: extract from “The main provisions of the General plan” - marked red). This variant did not create public disturbance.
The idea to cut a piece of park from Novgorods’ka to Sums’ka Strs. appeared only in 2007 – in “Schema of red lines of the highways of Kharkiv city” (see Attachment 3: extract from “Kharkiv city. Correction of the schema of red lines of the highways.”). So, this project just could not be discussed on the hearings 27.06.2003, and there were no other hearings concerning this topic.
3. The road through Gorky Park was not concealed with ecological service – the National Department of Environment protection in Kharkiv region . Firstly, this service gave a positive conclusion ( see Attachment 4: Copy of Conclusion of the The National Department of Environment protection in Kharkiv region from 26.02. 2008 № 4-23-1010).
The conclusion was given subject to the number of requirements, particularly upon condition of harmonization of project-cost documentation, holding of public hearings, mass media public informing about the absence of negative influence on the environment, holding of the ecological appraisal of the project etc.
In preparation of the road project these requirements were not held, that in why, and also because of the compellation of the publicity, the National Department recalled its conclusion (see Attachment 5: Copy of the letter by the vice-chief of the National Department of Environment protection in Kharkiv region V.Zadniprovs’ky to the chief of the department of building, repairing and reconstruction of the Kharkiv city council department of building and road facilities Rybakov V.A. from 04.06.08 № 4-04-1827).
4. Near 10ha by the side of the road the authorities of Kharkiv are going to built on - by apartments, entertainment complexes, hotel complex etc. (see e.g., Attachment 6: Copy of the Land surveying project concerning assigning of a land plot… for buliding and further exploitation of the hotel complex and apartments and for creating of the auto road from Sums’ka Str. to Novgorods’ka Str. These projects have been not discussed with the city community.
5. Real number of cut down trees far exceeded the number permitted. According to decision of Kharcov city council executive committee from 19.10.2005. № 156, in was necessary to cut 503 trees in order to build the road (см. Attachment 7: Decision of Kharkiv city council executive committee “About the weeding of green planting on the site of road construction from Sums’ka Str. to Novgorods’ka Str. (at the district of Biloji Akaciji Str.) in Kharkiv city”).
According to public calculation, even on 24.05.2010 576 trees were cut (see Attachment 8: Copy of Examination act of green planting slash area in Gorky Park on the corner of Novgorods’ka Str. (at the district of Biloji Akaciji Str.) and Dynamivs’ka Str., 24.05.2010).
Trees had been cut to the middle of August. The stubs of the trees were quickly rooted up and because of the lack of people and of time it was impossible to count all the trees. According to rough estimation, about 1500 trees were cut on this building site.
Many trees were damaged by transport or covered with the remnants of paving. (see Attachment 13: copy of the open proclamation “On violation of legislation norms in the process of road building in Kharkiv city from Sums’ka Str. to Novgorods’ka Str.)
6. Ecological appraisal of this project was a mere formality.
Ecological appraisal of the project was given 2.07.2010, when the road construction started 20.05.2010. The expertise considered only environmental effects of the road construction process and does not take into account at all its main exploitation effects (see Attachment 9 – copy of the Conclusion № 20.09.06.2010-97 from 02.07.10 р. State ecologic expertise on the project “The road construction from Sums’ka Str. to Novgorods’ka Str (near Biloji Akaciji) in Kharkiv city. Some recommendations, e.g. irrigation of the area for dust contamination abatement in the construction process, were absolutely ignored.
There was no public discussion of this expertise. The statement of the State Department, that the discussion took part 19.06.2010 on the public hearings “Green planting and forest-park protection in Kharkiv city”, is inconsistent. Although this question arose on the hearings more than once, no decision on it was rendered. Moreover, the city council, violating norms of the national legislation and Aarhus Convention demands, arranged the hearings in such a way that made impossible taking into account public opinion.
The place of hearings could hold only one sixth of the general number of registered participants (2341 person); voting records were estimated by “visual majority”, in means that votes for the alternative variants were not counted at all! (see the official resolution of the hearings: http://www.city.kharkov.ua/ru/document/view/id/41102, also see Attachment 10: Copy of the letter of initiative group for holding of the public hearings “Green planting and the forest-park protection in Kharkiv city”). So, it is impossible to consider these hearings legit.
7. The authorities of Kharkiv implementing this project was very incorrect in respect of legislative execution.
Thus, Kharkov city council revoked on session 10.09.2008 its own decision from 27.02.2008 № 26/08 about assignment of sites from Sums’ka Str. to Novgorods’ka Str. for building of the noted road, hotel complex and appartaments. But the decision of the Kharkv city council executive committee № 156 from 19.05.2010 “About the weeding of green planting on the site of road construction from Sums’ka Str. to Novgorods’ka Str. (near Biloji Akaciji Str.) in Kharkiv city” bases exactly on the decision from 27.02.2008 № 26/08 as on the legal basis for the road construction!
Architectonic and building inspection in Kharkiv region gave its authorization for preliminary works for the road building 26.05.2010, but these works, particularly tree falling, started 20.05.2010.
The National Department of Environmental Protection agreed with tree falling on the construction plot upon condition of planting of trees on area from Sums’ka Str. to Novgorods’ka Str. (see Attachment 11: Copy of “Accomodation from 18.05.2010. of act of exploration of green planting, intended for weeding from 27.04.2010 by address Kharkiv city, from Sums’ka Str. to Novgorods’ka Str. near Biloji Akaciji Str.). This condition is not implemented by this moment.
The Verhovna Rada Committee for ecological politics, natural recourses management and rectification of the consequences of Chornobyl’ catastrophe 30.06.2010 adopted a decision № 74/1 “On environmental legislation compliance with building of the road and other constructions in Gorky Park in Kharkov city”. This decision obliged Kharkov city council to spot building the roan until all the environmental protection requirements would be completed. The city council ignored this resolution and continued the building process. And these are only some of a great number of examples.
8. Water reservoir pollution. Almost every day on the construction plant human relicts were found. The workers poured them with earth in a coomb, where a stream flows. The stream falls to Sarzhyn Yar coomb, where a spring of mineral water is located. According to competent information, this landfill operation in the coomb endangers the very existence of the spring of mineral water (see Attachment 13 and Attachment 12: A road in Gorky Park endangers Shatilovsky spring).
Also it is necessary to notice, that in process of the road building, unknown persons widely used physical violence to the citizens, who expressed their protest against this project. The law enforcement agencies in moments of violation were at a standstill, and later they stonewalled the inquiry of these facts of breaking the human rights.
President of the Council "Pechenigy"EG
S. Shaparenko
Attachments:
Attachement 1: Extract from the Record of Public Hearings “Development of the General Plan of Kharkiv city to 2026. Conclusions on the present state of economics of the city. Proposals of he general directions of development of Kharkiv city to 2026.” –
http://www.greenkit.net/Members/Pe4eneg/ParkGorkogo/Kern-VRU/20-27.pdf
Attachment 2: Extract from “The main provisions of the General plan”. –
http://www.greenkit.net/Members/Pe4eneg/ParkGorkogo/SpravkPollution/Attachments/At2_GenPlan.pdf
Attachment 3: Extract from “Kharkiv city. Correction of the schema of red lines of the highways.” –
http://www.greenkit.net/Members/Pe4eneg/ParkGorkogo/Kern-VRU/108-113.pdf
Attachment 4: Copy of The Conclusion of the the National Department of Environment protection in Kharkiv region from 26.02. 2008 р. № 4-23-1010. –
http://www.greenkit.net/Members/Pe4eneg/ParkGorkogo/Kern-VRU/160-161.pdf
Attachment 5: copy of the letter by the vice-chief of the National Department of Environment protection in Kharkiv region V.Zadniprovs’ky to the chief of the department of building, repairing and reconstruction of the Kharkiv city council department of building and road facilities Rybakov V.A. from 04.06.08 № 4-04-1827. –
Attachment 7: Decision of Kharkiv city council executive committee “About the weeding of green planting on the site of road construction from Sums’ka Str. to Novgorods’ka Str. (near Biloji Akaciji Str.) in Kharkiv city”). –
http://www.greenkit.net/Members/Pe4eneg/ParkGorkogo/Kern-VRU/gik
Attachment 8: copy of Examination act of green planting slash area in Gorky Park on the corner of Novgorods’ka Str. (near Biloji Akaciji Str.) and Dynamivs’ka Str., 24.05.2010. - http://www.greenkit.net/Members/Pe4eneg/ParkGorkogo/ActVedm.pdf
Attachment 9: copy of the Conclusion № 20.09.06.2010-97 from 02.07.10 р. State ecologic expertise on the poject “The road construction from Sums’ka Str. to Novgorods’ka Str. (near Biloji Akaciji) in Kharkiv city.” –
http://www.greenkit.net/Members/Pe4eneg/ParkGorkogo/SpravkPollution/Attachments/At9_EcoExp.pdf
Attachment 10: copy of the letter of initiative group for holding of the public hearings “Green planting and the forest-park protection in Kharkiv city”. –
http://www.greenkit.net/Members/Pe4eneg/ParkGorkogo/SpravkPollution/Attachments/At10_Zobov.PDF
Attachment 11: Copy of “Accomodation from 18.05.2010. of act of exploration of green planting, intended for weeding from 27.04.2010 by address Kharkiv city, from Sums;ka Str. to Novgorods’ka Str. at the district of Biloji Akaciji Str. –
http://www.greenkit.net/Members/Pe4eneg/ParkGorkogo/Kern-VRU/182-185.pdf
Attachment 12: A road in Gorky Park endangers Shatilovsky spring. –
http://maidan.org.ua/static/news/2010/1279802755.html
Attachment 13: copy of the open proclamation “On violation of legislation norms in the process of road building in Kharkiv city from Sums’ka Str. to Novgorods’ka Str.) -
http://www.greenkit.net/Members/Pe4eneg/ParkGorkogo/SpravkPollution/Attachments/At13_Vidkr.pdf
original here:
http://www.greenkit.net/Members/Pe4eneg/ParkGorkogo/SpravkPollution/DovidkES_eng.doc
Translation by A. Polyak