DTEK installed a transformer substation on a plot of land, but the owner demands its relocation. Here’s the court's decision on the matter.

A man is requesting DTEK to relocate a transformer substation that was installed on his land without the necessary permits in July 2022. He plans to plant trees and carry out construction there. As his children play, especially with a ball, they may accidentally hit the substation, posing a danger to his family. This is mentioned in the decision of the Berezan City Court of Kyiv Oblast, published on May 31, 2023.

In July 2022, the private joint-stock company "DTEK Kyiv Regional Electric Networks" buried concrete poles at the boundary of the land plot without notification and consent, and installed and connected a comprehensive transformer substation in the absence of the man. Due to the negative consequences, he approached the company with a request to move the transformer to a safer location that complies with current legislation. In a letter dated August 23, 2022, DTEK stated that: "it is guided by the current legislation of Ukraine, regulatory acts in the electricity sector, the Distribution System Code approved by the resolution of the National Commission for State Regulation in the Spheres of Energy and Utilities dated March 14, 2018, No. 310, with amendments and additions, and the Rules of the Retail Electricity Market approved by the resolution of the NKREKU dated March 14, 2018, No. 312." Furthermore, this letter noted that "according to the requirements of Article 14 of the Law of Ukraine 'On the Lands of Energy and the Legal Regime of Special Zones of Energy Facilities', land plots of state and communal property are provided for ownership and use for energy needs by decision of executive authorities or local self-government bodies in accordance with their powers and in the manner prescribed by the Land Code of Ukraine."

Given that all family members are suffering from the mentioned installation, with increased cases of illness, especially among children, he submitted a request to the Berezan City Council on September 13, 2022, for relevant information regarding the official decision on the allocation of land for the installation of a power line support and the connection of a comprehensive transformer substation across from his house. In response to this request, an official message was received from the executive committee of the Berezan City Council of Kyiv Oblast on October 6, 2022, stating that no decision had been made regarding the allocation of this land plot for DTEK's use at the specified address. However, in a letter dated November 29, 2022, the company informed him that for the connection of electrical installations for new consumers, in compliance with the requirements of paragraph 2 of Article 21 of the Law of Ukraine "On the Electricity Market," as well as to improve the quality and reliability of electricity supply for existing consumers on Pereyaslavskaya Street in Berezan, Brovary District of Kyiv Oblast, PJSC "DTEK Kyiv Regional Electric Networks" had developed project documentation for external electricity supply networks, which includes the installation of a TP-10/0.4 kV and the construction of 10 kV and 0.4 kV networks on common land."

"The defendant reconstructed the overhead line and installed the MTP in accordance with the requirements of current legislation, specifically, the project documentation regarding the placement of the new section of the power line with the necessary equipment on the land of the territorial community was agreed upon with the local self-government body. Instead, the claim does not contain evidence of any violation of the plaintiff's rights, urban planning legislation, and/or placement within the protected zones of the reconstructed power line and MTP, or any objects that violate established restrictions. The overhead power line was constructed by the defendant within the requirements of the legislation, to increase the energy efficiency of the operation of distribution power networks through their reconfiguration and to raise the average voltage level in the electric networks for citizens. The plaintiff, despite the law's requirements, places his own ambitions above public necessity, resorting to contrived, unproven, and frankly manipulative grounds and circumstances presented in the lawsuit," DTEK stated.

What was the court's decision?

The court denied the man's claim. He did not provide proper inspection reports of the site involving specialists or appropriate undeniable photographs.

"It is impossible to accurately determine the distance from the fence to the transformer substation based solely on photographs. The assessment of such photos is speculative, and proving under the provisions of Article 81 of the Civil Procedure Code cannot be based on assumptions. The plaintiff did not provide any measurements of the distance that would have evidential significance in considering this case. Thus, to confirm the stated circumstances, the plaintiff did not provide the necessary inspection reports of the site involving specialists or appropriate undeniable photographs. The case materials do not contain information, and the parties do not note that the Berezan City Council of Kyiv Oblast, as a local self-government body on whose common land the energy facility was being constructed, approached the court or the defendant to protect its rights, which were violated by the illegal construction of such an object without adhering to the established procedure for coordinating the project documentation regarding the placement of the new section of the power line with the necessary equipment on the land of the territorial community, nor the allocation of land for these purposes. The mere fact of the transformer substation being located on common land without evidence of violations of sanitary and other norms does not constitute a violation of the plaintiff's right to safe and healthy living conditions and use of the land plot. The claims for removing obstacles to the use of the land plot by obliging the defendant to take actions to relocate the transformer substation can only be satisfied by the court if proper evidence of the corresponding violation of the plaintiff's rights is provided. The court concluded that there were no legal grounds to satisfy the claims," the court emphasized.