Case: Lviv-Krakivets Highway

Region: Ukraine, Lviv oblast, Zhovkivskyy rayon

Essence of case: Protection of the right of citizens to safe and healthy environment, right to participation in environmental decision-making

Parties:

Residents of Zashkiv and Zavadiv

“Transmagistral” consortium

Essence of problem: Zashkiv and Zavadiv villages oppose construction of Lviv-Krakivets highway througt their territory

Main facts:
In October 2004 the residents of Zavadiv and Zashkiv applied to EPL asking to protect their right to safe and healthy environment during building operation of the concessionary Lviv-Krakivets highway.
In 2002 the project of Lviv-Krakivets highway building was elaborated by consortium “Transmagistral” . This project recievd both possitive conclusions of environmental expertiza and complex state ezpertiza. The approved project of Lviv-Krakivets highway will go through the territory of Zashkiv and Zavadiv villages and impact the lake with high recreation potential. Seven houses of local cizitens will be demolished because they are located in the construction site. The planned width of highway is 30 meters and highway capability - about 20 000 automobiles in 24 hours. This highway falls into the Ist category of highways.
In August 2005 residents held referendum and gave voice against the highway building through the territory of Zashkiv and Zavadiv villages.
Abovementioned factors have negative influence on residents. Size of sanitary protected zone of highway is determined at 10 meters, but according to legislation size has to be 25-100 meters. Besides the protective zone for this category of highways (that is dangerous for settlements) is 300 meters. But many residents’ houses fall within this protective zone and the highway will have a negative impact on local people and also violate the right to safe and healthy environment of this people, vested by Article 50 of the Constitution of Ukraine. Resettlement of the residents from Zashkiv and Zavadiv villages from protective zone is not foreseen in the project.
Public participation was not duly executed during environmental expertiza and decision-making on the highway project and compliance with legislation on sanitary-epidemic protection of population, on the Red Book species of flora and fauna was missing.
Aimed at oposing of the highway construction EPL helped residents to make a complaint to court challenging the decision of the state environmental expertiza, carried out with violation of residents’ rights to public participation in environmental expertiza and violation of the relevant legislation.
EPL represents residents in the court.