Andrey Lopatin, Senior Associate at GRATA International Rostov-on-Don, commented for the newspaper 'Gorod N'
The Arbitration Court of the Rostov Region ruled in favor of Dorstroy in a dispute with the administration of Rostov over cut down trees. As follows from the case materials, Dorstroy destroyed 80 deciduous trees without permission and damaged 26 trees in the area of Lugovaya Street. The plaintiff assessed the damage at 103.8 million rubles. In court, representatives of the city administration insisted that the destruction of green spaces without obtaining permits is a violation of the Rules for the protection of green spaces in the city of Rostov-on-Don, adopted by the City Duma.
In making a decision in favor of Dorstroy, the court took into account that the area where the company cut down the vegetation belongs to the Russian Federation through the Federal State Institution Uprdor Moscow - Volgograd; the cutting was carried out under a contract with Uprdor for the purpose of improving the road and adjacent areas.
In addition, the court noted that the amount of damage had not been proven, since the felled trees were not on the city’s balance sheet and grew chaotically and uncontrollably.
According to the lawyer, such a court decision does not meet the public legal interests of society and continues the dangerous practice of uncontrolled cutting down of unaccounted green spaces in the region.
— The current legislation of the Russian Federation provides for the obligation to compensate for the equivalent value of destroyed green spaces, regardless of whose ownership the land plot is located. This rule is aimed primarily at protecting the environment and maintaining a favorable ecological situation, since uncontrolled cutting and crowning of trees, even those that are not registered, significantly worsens the ecological balance, sayssenior lawyer of the law office "GRATA International" Andrey Lopatin.
GRATA International, Russia (Rostov-on-Don).