Land plots near the Uzhgorod quarry were allocated with a gross violation of the law - experts
The media continue to speculate on the issue of the land allocated in 2010 by the Uzhgorod City Council on the bypass road near the Uzhgorod quarry.
Recall that on November 6, at the time Acting Mayor of Uzhgorod Victor Shchadey accused the deputy of Ukraine Valeriy Patskan that he supposedly wanted to take away the land from a large number of Uzhgorod families. The basis for the accusation was a request from the MP to the regional prosecutor to check whether the Uzhgorod city council was acting lawfully, allocating those plots of land.
According Shchadey, the request was made for selfish purposes - allegedly those plots are in the way to the site, which is owned by Valeriy Patskan.
MP responded to this accusation, clearly and in detail explaining his position. (You can read the answer here).
And it seemed that the confusion was resolved. However, now the topic has been raised again and the MP is again accused of selfish motivation. To understand the situation without excessive hype, we asked Transcarpathian experienced lawyers to explained the situation from the professional point of view. Here is what they said.
The construction on sites that are situated within 100 meters from the edge of the road of national significance is prohibited
Yaroslav Hretsa, the managing partner of law firm "Hretsa and Partners", commented on the issue as follows: "The location of the disputed land and its purpose is important for proper legal assessment of the situation.If the land is really situated along the edge of a public road of national importance "Roundabout of Uzhgorod - checkpoint "Uzhgorod"), then it is subject to restrictions imposed by paragraph 22 of the Common rules for repair and maintenance of roads, streets, railroad crossings, rules of their use and protection, approved by the resolution of the Cabinet of Ministers of 03.30.1994, № 198.
The above legal provision expressly provides that in the roadside area of motor (non-urban) roads, the construction of houses, commercial and industrial buildings within 100 meters from the edge of the roadway on national roads of I, II and III categories, that have been or are being constructed to bypass cities, towns, and villages, shall be prohibited".