Court Orders Odesa Regional Administration to Allow Entrepreneur to Fish in National Park

The Odesa District Administrative Court has ruled that the Odesa Regional State Administration's refusal to grant an entrepreneur a permit to fish within the Tuzly Estuaries National Nature Park for 2025 was unlawful.

According to the court's decision, the Odesa Regional State Administration was ordered to grant the individual entrepreneur the necessary permit.

According to the materials of the hearing, the National Park supported the entrepreneur, noting that according to Article 9-1 of the Law of Ukraine "On the Nature Reserve Fund of Ukraine," a permit may be denied only in the case of:

• Absence of an approved limit.
• Violation of the conditions of natural resource use.
• Violation of the regime of the territory of the nature reserve fund.

The EMB did not have any of these grounds. Therefore, the National Park stated that the refusal indicates an arbitrary interpretation of the law by officials of the Odesa Regional State Administration, their abuse of power and the actual blockade of legal activities within the park's economic zone.

Instead, the Odesa Regional Military Administration cited Article 8(1) of the Law of Ukraine "On the Legal Regime of Martial Law" as a justification for the refusal, which allows the military administration established during martial law to independently introduce and exercise, within the limits of temporary restrictions, constitutional rights and freedoms of man and citizen, as well as the rights and legitimate interests of legal entities, as provided for by the decree of the President of Ukraine on the introduction of martial law. Within the framework of these powers, the command of the Odesa Operational and Strategic Military Grouping and the Odesa Regional State Military Administration banned the entry (stay) of small vessels and other boats of the fishing industry fleet to catch aquatic bioresources in inland waters of Odesa region, including lakes: Shagany, Alibey, Burnas.

However, the court noted that according to a letter from the Operational and Tactical Group. The Command of the Odesa Operational and Tactical Group did not object to the fishing of aquatic bioresources from the shore within the economic zone of the Tuzly Estuaries National Park in 2025 in accordance with the map of the places of fishing for aquatic living bioresources provided by the Odesa Regional State Administration. In the event of a change in the security situation, the command of the operational and tactical group reserves the right to change the possibility and procedure of the sole proprietorship's operation within the Tuzly Estuaries National Park.

The court also noted that the entrepreneur plans to fish in the coastal economic zone of the National Park from the side of settlements: Vesela Balka, Zhovtyi Yar, Prymorske, Rybalske, Kochkuvate, Bazaryanka, which is confirmed by cartographic materials that were also approved by the Command of the Odesa Operational and Tactical Group.

Кирило Бойко