On July 25, the Supreme Court issued Ruling No. 305-ES24-5427 in case No. A40-12042/2023 where it explained the procedure for calculating the amount of damage caused to the environment in connection with the destruction of green spaces. The panel of judges overturned the lower court's decisions because they had not verified whether the destroyed plantings were in the utility zone, where such destruction is permitted. In addition, the lower courts did not consider that the defendant had carried out works to restore the lawn.

In her commentary to the “Advokatskaya Gazeta” (Russian Advocacy Newspaper), the TV&P lawyer Ekaterina Schmitt emphasized that the more construction in Moscow develops, the bigger the problem of compensation for environmental damage becomes. Previously the courts had resolved similar issues in different ways. Rarely did they apply the provisions of a Moscow Government Resolution which allows destruction of green spaces in utility zones without appropriate compensation. In some rulings, the courts awarded compensation for destroying plantings in the protected zone of utility lines only because the defendant had not received a respective permit. The new clarifications of the Supreme Court should bring uniformity to law enforcement, noted Ekaterina Schmitt.

“Advokatskaya Gazeta” (Russian Advocacy Newspaper) is the official body of the Russian Federal Bar Association (published since 2007). The Newspaper’s publications are devoted to the most important legal topics, case law, as well as legal practice and issues of advocacy.

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