The Verkhovna Rada Commissioner for Human Rights, Dmytro Lubinets, has explained who exactly makes decisions regarding the removal of green spaces and how to update a space legally. This was reported by UNN with reference to Lubinets' post on Telegram.
Who makes the decision regarding the removal of plantings
As the Ombudsman noted, the owner of a private plot independently manages the fate of trees, shrubs, and flower beds on their territory. The local council or its executive body is responsible for parks, squares, lawns, and other public areas.
A mandatory document is the permit (order). It serves as the basis for any work on communal or state land.
The grounds for removing green spaces are:
- emergency status - if trees or large shrubs are deadwood,
rotten, or dangerous;
- sanitary necessity - removal of wild vegetation
and self-seeded plants (trunk diameter ≤ 5 cm);
- repair of utility networks;
- shading of residential premises;
- reaching the age limit. This occurs when
a plant (tree or shrub) has exhausted its resource;
- construction - according to an approved project or
after a natural disaster.
How to obtain permission - algorithm of actions
Submit an application to the local council explaining why the plantings need to be removed;
The council commission inspects the green spaces and calculates their replacement value;
A draft decision is prepared by the head of the commission within 5 days;
The final decision is made by the competent authority within 1 month.
The final document issued after payment of the replacement value (if applicable) is the permit (order).
A person is exempt from paying the replacement value in the case of removing emergency and deadwood trees, plants and trees that grew naturally without human planting (up to 5 cm in diameter), plantings that interfere with network repairs or shade windows, and plants that have reached their maximum biological age.
At the same time, removing green spaces without the appropriate permission is an offense.
Illegal destruction of any green assets of the community (even shrubs or lawns) entails fines in the amount of:
- 170-510 hryvnias - for ordinary citizens;
- 510-850 hryvnias - for officials and individual entrepreneurs.
Within the framework of material liability, the perpetrator is obliged to fully compensate for the damage caused to the environment
If human rights were violated during the removal or maintenance of green spaces, or if a citizen witnessed a disregard for the law - contact the Ombudsman's office:
- at the address: 21/8 Instytutska St., Kyiv, 01008;
- by email: hotline@ombudsman.gov.ua;
- by phone numbers: 0 800 501 720; 044 299 74 08.