Roman Shakhmatenko is a dark horse of the Ministry of Ecology, tainted in “corruption schemes”, writes Greenpost.
Attention to the business entities affected by the illegal conclusions demanding an additional EIA.
In April, our editorial office drew attention to the fact that the Ministry of Ecology in the conclusions on the EIA approves new forms of “refusals” to carry out planned operations, which contradict the legislation. In our material we legally substantiated and explained in details why exactly such actions of the Ministry of Ecology are a gross violation of the Law of Ukraine “On Environmental Impact Assessment” and have a corruptive nature.
Moreover, we hoped that the Ministry of Ecology, represented by Ms. Tishchenkova M.A. and Mr. Shakhmatenko R. S. would take this into account, finally study the Law on EIA, analyse it and stop the unlawful practice of violating its requirements. But that has not happened. Instead of studying the law, they evidently decided to take another way and organize a scheme of artificial manipulation while issuing conclusions on the environmental impact assessment (which in accordance with the Law “On the List of Permitting Documents in the sphere of economic activity” is a document of permissive nature in the sphere of economic activity), by obligating the subject of economic activity to conduct an additional EIA procedure at the same design stage.
According to our data, the business entities that started the procedure of environmental impact assessment were informed through persons connected with Tishchenkova M. A. about the need to conclude an agreement on complex support services for the EIA procedure (including elaboration of the EIA report) with the companies affected by Tishchenkova M. A.
- Scientific-Production Association Ekoalliance LLC
- OOO Ekoekspert Plus
- ECOPROJECT INC.
- ECOVIN 360 LLC
- ООО Waste Management Centre
- UKRRESURSY 2011 LTD.
Business entities hoped that after the dismissal of Mrs. Tishchenko M.A. (let’s remind that during the year she received 59 administrative protocols concerning corruption for her activity in the sphere of EIA) and arrival of the new person – L. Kotyash, lawyer by profession, who had worked in the Ministry of Justice of Ukraine for a long time, something will change in this direction, but again not! Everything continues, as evidenced by new findings in violation of the Act, published in the Unified Register on the EIA.
And it turns out there is simply someone to continue this so-called corruption scheme. A certain non-public and silent Deputy Minister R. Shakhmatenko. According to the distribution of powers Roman Shakhmatenko is precisely in charge of the directions of EIA and SEA, and the formation of state policy in terms of the State Ecological Inspectorate. But strangely enough, Minister Abramovsky and the head of the SEI have already resigned, precisely for the extremely corrupt activities of that body, while the Deputy Minister in charge of the same inspection is still in office and apparently there are no questions to him yet?! Roman was born in Kharkiv, where the Kharkiv coke plant Novomet, already famous and scandalous, operates. At one time this enterprise was under pressure from the environmental inspectors, and it was the environmental inspectors who raided Novomet with increasing frequency and initiated legal proceedings against it. But this was presented as “discontent of local residents”. Subsequently, these “dissatisfied locals” became active protesters in a paid rally against the now ex-Minister Abramovsky. Now it becomes clear who most likely ordered the protests of the paid public against his boss…
In addition, Roman Shakhmatenko is a defendant in the criminal case 1202000001266 dated 30.12.2020 regarding abuse of power by officials of the Ministry of Environmental Protection and Natural Resources of Ukraine, respective authorized territorial bodies, who did not take measures to ensure safety. rational use and reproduction of natural resources, which led to severe consequences; regarding abuse of power by officials of private legal entities contrary to and 236, ч. Part 2 of Article 364, Part 2 of Article 3641 of the Criminal Code of Ukraine.
This case directly confirms that Roman supervised, to put it mildly, unscrupulous activities of his subordinate Tishchenkova, about whose activities we have repeatedly written in our preliminary investigations. But it is worth noting that there is not a word about our hero in the public eye, and only Abramovsky and Mrs. Tishchenkova appear everywhere.
And meanwhile, the quiet deputy minister was engaged in usual “solving” of the EIA.
These corrupt schemes were confirmed by the fact that on 21 October the unified state register of court cases published the decision of the Supreme Court in the case of the Southern Mining and Processing Combine (plaintiff) vs Ministry of Ecology (defendant).
- In December 2020 the Dnipropetrovsk District Administrative Court received an administrative claim of the Southern Ore Processing Plant Joint Stock Company against the Ministry of Environment Protection and Natural Resources of Ukraine, in which the plaintiff requested the recognition as illegal and cancellation of the issued by the Ministry of Environment Protection and Natural Resources of the planned activity “Reconstruction of the pit in connection with its deepening in order to support the capacity of the plant from 2021 to 2030” dated 27.10.2020, registration number 21/01-20191034617/1.
- Clause 7 of the Conclusion on Environmental Impact Assessment of the Planned Activity “Reconstruction of the Pit in Connection with Deepening of the Pit to Support the Capacity of the Plant for the Period from 2021 to 2030”;
imposing in any form, directly or indirectly, an obligation on the Southern Mining and Processing Plant Joint Stock Company to conduct an additional environmental impact assessment before the commencement of the planned activity.
The claim is based on the fact that on 30.10.2020. The Ministry of Environment Protection and Natural Resources of Ukraine published the Report on public discussion of the planned activity No. 1/01-20191034617/2 dated 27.10.2020 and the Conclusion on environmental impact assessment of the Pit Reconstruction due to its deepening for the purpose of maintaining the mill capacities from 2021 to 2030″ No. 21/01-20191034617/1 dated 27.10.2020.
- In the mentioned conclusion the Ministry of Environment Protection and Natural Resources of Ukraine specified, in particular, about the permissibility of the planned activity taking into consideration the following, namely: its determination is permissible after the additional assessment of the environmental impact; after the environmental impact assessment report analysis it was determined that the impact from reconstruction of the pit, due to its deepening to support the mill capacity in the period from 2021 to 2030, namely on the atmospheric air, gaseous oxidation, and other factors is impossible to assess. The environmental conditions will be determined based on the results of an additional environmental impact assessment.
- The South Ore Enrichment Plant Joint Stock Company disagreeing with the mentioned conclusion regarding establishment of the conditions of the additional assessment of the environmental impact and noting that the Ministry of Environment Protection and Natural Resources of Ukraine violates the Law of Ukraine “On Environmental Impact Assessment Law of Ukraine “On Environmental Impact Assessment” and Law of Ukraine “On Permit System in Economic Activity” were violated. Consequently the mentioned conclusion is illegal and is subject to cancellation in the part that concerns it, addressed the court with the claim.
By decision of the Dnipropetrovsk District Administrative Court dated 20.04.2021 the suit was satisfied.
But by the ruling of the Third Administrative Court of Appeal dated 04.08.2021 the decision of the Dnepropetrovsk Circuit Administrative Court dated 20.04.2021 was cancelled. The appeal is dismissed.
On 20.10.2021 the Supreme Court of Ukraine ruled:
- To satisfy the cassation appeal lodged by Joint Stock Company Southern Mining and Processing Combine;
- To reverse the decision of the Third Administrative Court of Appeal dated 04.08.2021, and to leave in force the decision of the Dneprovsk District Administrative Court dated 20.04.2021.
The decision shall come into force as of the date of its adoption, is final and not subject to appeal.
So, our reservations about illegality of Ministry of Ecology officials and evaluation of new forms of “refusals” published in GreenPost material of April 1, 2021 are confirmed by the decision of the Supreme Court of Ukraine. It is a pity that it took six months and many losses of business entities.
All business entities, who received such findings, can contact our lawyers and journalists, who are ready to provide support in support of cases in court to defend their legal rights at [email protected] By joint efforts this mockery of the law and business entities should be stopped.
And on the part of the law enforcement agencies we are waiting the reaction to the wrongful acts of the tyrant officials of the Ministry of Ecology: Mrs. Tishchenkova M.A., Mrs. Kotiasz L.P. and Mr. Shakhmatenko R.S. С. After all, these administrative cases can turn into criminal cases for the Ministry of Ecology with a huge damage incurred by the state. This time the law and the court are on the side of business entities, not the ministry.
We will also observe how events around the employees of the Ministry of Ecology will develop further. Will the resounding resignation of Minister Abramovsky and the dismissal of the head of the State Environmental Inspection be followed by the firing of one of the acting deputies – Roman Shakhmatenko?
Is the firm of Abramovsky, the deputy head of the scandalous Ministry of Ecology, involved in the fraud?
Publicists have found out how Abramovsky, head of the Ministry of Ecology, made money on the repair of the Kanev sluice