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Company that builds a landfill site at Shies station appealed against a fine from Rosprirodnadzor

The positions of the parties — in the material of "7x7"

On March 27, the Arbitration Court of the Arkhangelsk Region held a preliminary meeting on the claim of "Technopark", which builds a landfill site at Shies station, to the Rosprirodnadzor department in the Arkhangelsk region. "Technopark" challenged a fine of 800 thousand rubles for the use of subsoil without a license. «7x7» correspondent attended the meeting.

Representatives of Rosprirodnadzor believe that "Technopark" has drilled four water wells, which is subsoil use, even if no substances were extracted — in this case water. This activity should be licensed, the company did not have a license for it.

The representative of "Technopark" Denis Sinelnikov said that the presence of wells at the site does not mean that the company used the subsoil, and therefore there is no corpus delicti:

"The wells were drilled, but all the geological surveys were stopped until a license was obtained. Rosprirodnadzor did not record the fact of using wells without permission," he said.

According to the representative of "Technopark", the protocol on the offense was drawn up with errors. Sinelnikov believes that this calls into question all the results of the inspection of Rosprirodnadzor:

"An entire paragraph of the protocol is devoted to documents and events about which the applicant ["Technopark"] does not have the slightest idea. We are talking about documents and procedural events for which an order was issued to impose an administrative penalty. What is it? Disappointing attitude of Rosprirodnadzor to the inspection? Not quite clear."

Sinelnikov suggested that the documents and test notifications did not correspond to reality, because they were copied from some other administrative protocol.

"If we are mistaken, then let Rosprirodnadzor present the documents in question to the next meeting."

Representatives of Rosprirodnadzor called the flaws in the documents typos:

"We are people too and we can make mistakes," said the representative of the department Marina Yurova.

Judge Sergei Ipayev asked Sinelnikov to provide evidence of "gross violations." The applicant did not have it.

"Are you trying to disrupt the court hearing?" asked Ipayev.

The documents submitted by Rosprirodnadzor also turned out to be out of order. The judge noted that the pages are not in the right order, and called the preparation of the department "disgrace." He said that the parties should prepare documents for the next meeting. It will take place on April 10th.


At the end of February 2019, "Technopark" appealed to the Arbitration Court of the Arkhangelsk Region with a complaint against the decision of the regional Rosprirodnadzor to impose a fine of 800 thousand rubles. The company was punished under paragraph 1 of Article 7.3 of the Code of Administrative Offenses – the use of subsoil without a license for the use of subsoil or in violation of the conditions stipulated by the license for the use of subsoil. The reason for the appointment of a fine was the act of inspection of the territory of the station Shies on October 26, 2018, drawn up by the prosecutor's office. The resolution of Rosprirodnadzor was issued after an administrative investigation.

In March, "Technopark" won the case on the claim of the regional Rostekhnadzor about the conduct of illegal capital construction at the sites near the station Shies. Representatives of Rostekhnadzor argued that the company had foreseen violations from work without permits, but continues to this day.

In the summer of 2018 in the Lenskoy district near the Shies railway station, the Moscow company "Technopark" began construction of a landfill for municipal solid waste from Moscow and the Moscow region. According to preliminary plans, it will take 5 thousand hectares of land and will be able to receive around the clock from 55 to 90 cars with garbage – up to five trains per day.

People in the Arkhangelsk Region and the neighboring Komi Republic (Shies is on the border with this region) began to actively protest against the construction of the landfill. Activists demanded the resignation of the governor of the Arkhangelsk Region Igor Orlov, as well as a revision of several regional and federal bills to promote garbage dumps. The most massive anti-trash actions took place on December 2 and February 3, tens of thousands of people took part in them. The protesters were supported by other regions of Russia.

At the end of December 2018, activists organized a 24-hour watch on Shies, volunteers from the Arkhangelsk Region and Komi come every week. They bypass the construction site several times a day and fix violations. Activists organized several checkpoints around the perimeter of the territory where construction is currently underway: there are tents for people on duty there. From February 22, 2019, opponents of the construction were able to restrict the delivery of fuel to the equipment operating on Shies. Construction almost stopped.

Karina Zabolotnaya, «7x7»

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