The court declared illegal the order of the Governor of the Ivanovo region

The First Court of Appeal of General Jurisdiction in Moscow upheld the decision of the Ivanovo Regional Court in the case of the construction of a cemetery for Ivanovo in the Bibirevo district of Ivanovo district. Thus, the decision of the regional court came into force, and the order of Governor Stanislav Voskresensky of November 2, 2023 on the transfer of land from one category to another is illegal.

The courts pointed out that the order has the signs of a normative legal act. To accept such documents, it is necessary to follow the established procedure, including the requirements for official publication. If the normative act is not published in the manner prescribed by law, it does not acquire legal force and is considered invalid from the moment of adoption.

During the proceedings, the representative of the Governor stated that the creation of the cemetery is a socially significant and humanitarian necessity that meets the interests of society and the state. The author of the publication Mikhail Mokretsov drew attention to the contradiction between this argument and the circumstances of the case: if the construction really meets public needs, it is unclear why the decision to transfer land was not properly made public.

At the same time, the author emphasizes that he considers the order illegal not only because of possible violations of the procedure for its adoption and publication. According to him, the land could not be used for the construction of the cemetery. Thus, the court decision was an important stage in the dispute over the project, although the additional claims to the admissibility of land use set out in the publication should be distinguished from the directly described conclusions of the court.