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28 DEC 2024
Environmental Problem in Komsomolskoye Village: Residents File Another Appeal to the Dagestan Prosecutor's Office
28 DEC 2024
Quarry for crushed stone extraction. Photo: "Caucasian Knot"
On November 29, 2024, residents of Komsomolskoye village, with the support of a lawyer, sent a complaint to the Prosecutor of the Republic of Dagestan, Viktor Epp. They are asking for a prosecutorial response to enforce a 14-year-old court decision. The details are in the article.
Background
In 2011, the incidence of tuberculosis in Komsomolskoye village, Dagestan, was 35 times higher than the national average. All because of the freight transport that carries gravel and stone from local quarries through Komsomolskoye.
About the pollution of the village
The constant movement of heavy freight transport through the village results in severe air pollution. It also causes an increase in cases of tuberculosis, and other respiratory and oncological diseases among residents. For years, villagers have been contacting various authorities requesting to deal with the problem. The response of the authorities was a promise to resolve this issue in the future, as part of the Dagestan road development program. At the same time, violations of environmental standards continue to negatively affect the health and living conditions of residents who complain about the authorities' inaction.
In February, 2011, almost 14 years ago, the Kizilyurt district Court recognized the inaction of the regional authorities and ruled to suspend truck traffic in the village until the "assessment of the technical condition of the road."
However, local authorities did not comply with this decision. Residents have repeatedly asked them about the construction of a bypass road for heavyweight vehicles. The reply of the authorities stayed the same – it would be considered in the future, as part of the Dagestan road development program.
Progress of the Case
On April 1, 2024, the lawyers sent an application to the Makhachkala interdistrict Prosecutor's office. They requested information about the implementation of the court's decision.
On August 30, the prosecutor's office responded that bailiffs had not initiated enforcement proceedings and that civil case No. 2-17/2011 had been destroyed.
Latest Complaint
On November 29, the lawyer that was helping Komsomolskoye residents sent a new complaint to Victor Epp. He asked for measures to be taken by the prosecutor's office to eliminate violations of the law and ensure the execution of the court decision.
In the complaint, the lawyer also raised the issue of initiating criminal proceedings for violations revealed by the prosecutor, citing the deliberate failure to comply with the enforceable court decision.
Paragraphs 1.2 and 1.6 of the instruction of the General Prosecutor's Office of Russia dated 05/12/2009 No. 155/7 "On the organization of prosecutorial supervision of the enforcement of laws by bailiffs" prescribe that during inspections of the enforcement of laws in the activities of bailiffs, special attention should be paid to compliance with the principles of timely execution of enforcement actions and the use of enforcement measures.Furthermore, to restore the violated rights of citizens, it is imperative to apply comprehensive prosecutorial measures against both bailiffs and individuals who fail to comply with their legal obligations. Additionally, in order to restore the violated rights of citizens, it is necessary to apply exhaustive prosecutorial response measures both to bailiffs and to persons who do not comply with their legal requirements and Hinder the implementation of court decisions.
Meanwhile, the requirements of the federal law have not been fulfilled for more than 10 years now— this has led to blatant violations of environmental standards and a significant deterioration in the health of the Kizilyurt district residents.
On December 4, when the complaint was received by the Prosecutor's Office of Dagestan, Magomed Aliyev, senior assistant to the Prosecutor of the republic for consideration of appeals and reception of citizens, sent it to the Kizilyurt interdistrict prosecutor's office to verify the arguments.
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