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Stategeonadra issues subsoil use permit for Donetsk enterprise

02.11.2021

Complainee: The State Service of Geology and Subsoil of Ukraine (Stategeonadra)

Complaint in brief:  A Donetsk mining company sent a complaint to the Business Ombudsman Council. The company could not obtain a special subsoil use permit for extracting minerals from which it planned to produce mineral powders. Thus, since mid-2018, the company time and again turned to Stategeonadra to obtain a permit. However, each time the State Committee for Geodesy, when considering the complainant's applications, denied granting him the permit, stating various reasons and, as a result, the obtaining process was significantly delayed. Due to Stategeonadra officials' inaction, the company had to go to court. It managed to get a court decision, according to which Stategeonadra was obliged to reconsider respective application dated back to November 2019. At the same time, the state body was in no hurry to comply with the court decision. In view of the above, the company asked the BOC for assistance.

Actions taken: The investigator examined the case file and found the complaint substantiated. The Council recommended that Stategeonadra reconsider the complainant's application and issue him a special subsoil use permit.

Result achieved:  The company received a subsoil use permit with the BOC facilitation. The company thanked the Council for help: “Your competent intervention in this difficult case, which deprived the company of prospects for development and questioned the very fact of its existence for three years, allowed not only to achieve enforcement of the Court of Appeal decision regarding reconsideration of the application by Stategeonadra, but also issuance an order for granting a special permit by this body. We are grateful to you for your understanding and constant support, even when we were already losing hope for a fair resolution of this issue in courts, in appeals to the Office of the President of Ukraine and the Cabinet of Ministers”. The case was successfully closed.