We have very many reasons to be proud of our city. To be proud not only of its glorious history, of the outstanding people who were born or worked in Lutsk, but also of the modern appearance of the regional center of Volyn. In the most difficult times of the transition period, thanks to the good will of the community and the effective management of the government team, the city did not merely maintain its existence – it developed. \tHowever, recently we have been witnessing how good, at first glance, intentions regarding the improvement and further development of the city go beyond the bounds of expediency, common sense, and the legal field. This refers, in particular, to the decision of the executive committee of the Lutsk City Council dated February 24 "On measures for the improvement of the city territory for 2005 and preparations for celebrating the 920th anniversary of Lutsk." By this decision, enterprises, institutions, and organizations of the city are "obligated" to participate in the campaign of total improvement. The annex to the decision contains 96 items regulating construction, finishing, and other measures in various corners of Lutsk. The completion deadline for the absolute majority of the work is August of this year. The cost of the work may reach tens of millions of hryvnias. \tIt is difficult to deny the need for a beautiful appearance of the city, the renewal of many elements of its architectural ensemble, and bringing many structures to a more aesthetic appearance, but neither the methods, nor the forms, nor the deadlines, nor the scope of the work, according to the above-named executive committee decision, withstand any criticism. \tFirst of all, the executive committee's decision contradicts Articles 18, 27, and 30 of the Law of Ukraine "On Local Self-Government." After all, the said law regulates the relations of executive bodies of local authority with enterprises and organizations of all forms of ownership exclusively on a contractual basis. The city council's executive committee cannot "obligate" independent economic structures to any actions against their will. In addition, Article 23 of the Economic Code of Ukraine prohibits unlawful "interference by bodies and officials of local self-government in the economic activity of economic entities," and Article 177 of the same Economic Code states that economic entities "may assume obligations regarding economic assistance in resolving issues of social development of populated areas where they are located, in the construction and maintenance of social-cultural facilities and communal economy facilities." That is, they "may assume," but they may also not assume such obligations. This depends solely on the initiative of the enterprise or entrepreneur itself. \tBy the way, for most of the planned objects there are no projects, cost estimates, or expert conclusions from ecologists – in the case of removing green spaces – instead, potential contractors are indicated, that is, enterprises that will earn money from the campaign. \tSeparately, attention should be drawn to the twelfth item of the annex to the decision, which concerns the demolition of the "Zustrich" cafe on the Pryvokzalnyi Square. Several years ago, the Lutsk City Council adopted a decision permitting the privatization of this cafe, but the session's decision has not been implemented to this day, and the executive committee has effectively canceled it, without even notifying the entrepreneur who should be the owner of the cafe. \tAnd the most problematic part of the decision is the construction of an underground passage on Teatralnyi Square. The only legal position regulating this construction is the permit for drafting the land allocation project granted by the decision of the Lutsk City Council session dated December 28, 2004. And today there is already talk of starting construction, moreover, according to available information, a complete construction project still does not exist. \tThe public Coalition "Lutsk European" calls on the city mayor and the executive committee of the Lutsk City Council: -\tto cancel the executive committee decision of February 24, 2004 on improvement measures; -\tnot to begin construction of the underground passage on Teatralnyi Square without holding the competition for the said land plot provided for by law, detailed development and discussion of construction projects, and public assessment of the expediency of such construction; -\tto stop the practice of dubious construction projects until the already declared ones are completed (the railway crossing, the fountain on Teatralnyi Square, etc.) -\tto stop the chaotic destruction of green spaces in the city; -\tto determine improvement priorities taking into account social aspects, to carry out first and foremost the repair of roofs and housing stock, the repair and construction of roads, street lighting, etc. -\tto develop a mechanism for interaction between the city authorities and enterprises of all forms of ownership without the use of coercive measures and unlawful interference in economic activity.
Respectfully,
Head of the Public Coalition "Lutsk European" Dmytro Moskvych
Head of the Executive Committee of the Public Coalition "Lutsk European" Anton Sosnovskyi
Coordinator of the Public Coalition "Lutsk European" Oleksandr Martyniuk