The law prohibits the use of lands of the nature reserve fund to create the National Military Memorial Cemetery. This is how the Supreme Court explained its decision in connection with the public outcry.
"In recent days, the media has drawn attention to the decision adopted by the Supreme Court in a case related to the National Military Memorial Cemetery. First of all, we note that the court decides cases in accordance with the Constitution and laws of Ukraine, as well as international treaties, the consent to which is binding has been given by the Verkhovna Rada of Ukraine," the report says.
The courts in this case established that the National Military Memorial Cemetery was established by a special law and the procedure for its arrangement and placement was also determined by law.
"To ensure its arrangement, the Verkhovna Rada of Ukraine adopted another law, which established a direct ban on changing the purpose of the lands of the nature conservation fund for such needs and which states that for the placement of the National Military Memorial Cemetery, changing the purpose of land plots on the lands of the nature reserve fund and other nature conservation purposes, lands of the water fund, as well as residential areas determined by approved urban planning documentation at the local level is not allowed," the report says.
As the court says, the Kyiv Regional Military Administration, despite the legislative ban, adopted a decision to change the purpose of the plot belonging to the lands of nature conservation purposes and used it to create a memorial.
"The non-compliance of these actions with the law and the illegality of the administrative decisions taken were confirmed in this case by the courts, including the Supreme Court," the press service added.
As a reminder, the Command of the Airborne Assault Forces of the Armed Forces of Ukraine criticized the decision of the Supreme Court and emphasized that hundreds of mothers, wives and children are waiting for the creation of the National Memorial.
Earlier, the state allocated a 258.7-hectare plot in the Markhalivskyi Forest for the implementation of the project. The memorial was planned as the main military Pantheon of the country.
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