Open Society Foundation supports the local Kyiv initiative of people, which protested against an illegal building of Soniachna Riviera Residential Complex at Mykilska Slobidka. In Open Letter to the MPs and Kyiv authority, initiated by OSF and supported by “Reanimation Package of Reforms” group for Kyiv, the list of law violations and corruption risks were underlined.
More here: http://osf.org.ua/events/view/492
Since spring 2014, in Kyiv in the territory of the Dnipro River shoreland protective strip, located between Mykilsko-Slobidska Street and Brovarsky Avenue, LLC «Terra Capital» and PE «Ukrbaltbud» have started building of Soniachna Riviera residential complex. For this purpose, according to our information, LLC «Terra Capital» and PE «Ukrbaltbud» have taken a credit from Oshchadbank against the mortgage on land. Since, the construction is being led in the recreation zone of the Left bank’s public center, we consider that the abuse of the following effective laws has taken place: the Land and the Water codes of Ukraine, the Law of Ukraine «On Urban Planning Regulation», the State Building Standards (ДБН 360-92) with all features of the corruption crime in the part of permitting and registration documents issue.
In our opinion, as a result of fraud with definition of the territory of the Dnipro shoreland protective strip, executing the corruption schemes for disposal of land and property of recreational assignment for benefit of LLC «Terra Capital», the citizens of Kyiv have lost the beach and the recreation zone.
The artifice of alienation of property of the Society of assistance to defense of Ukraine (ТСО hereafter) has resulted in the loss of «Maritime school of ТСО» and public recreation objects on the banks of the Dnipro River.
Failure to comply with the requirements of Article 88 of the Water Code of Ukraine and the Land Code of Ukraine by the officials of the Kyiv City State Administration (KCSA hereafter) regarding the elaboration of land development project on delimitation and size of the shoreland protective strip leads to serious environmental, sanitary, humanitarian and economic consequences for Kyiv community as a result of residential development at a distance of 50 meters starting from the water line.
The Ministry of Infrastructure of Ukraine by its letter dated 15.04.2013, # 4125/27/10-13 has defined navigable waterway of the Dnipro River on the interval from Metro bridge to Rusanivski Sady berth and has informed People's Deputy Vitali Klychko (who was fighting at the time against the illegal land allocation of the shoreland area of Mykilska Slobidka), that mentioned section of Rusanivska Strait is being classified as a large river.
Despite the Article 1, Article 79 of the Water Code of Ukraine, that clearly define the classification of large rivers with shoreland strips width of 100 meters, the officials of the Kyiv City State Administration (KCSA), who are subordinated to the Head of KCSA Vitali Klychko, together with management of PJSC «Kyivproekt», SE «Institute of the Master Plan of Kyiv» and LLC «Ukrekspertyza in construction» mislead developers and the community of the city, providing them with letters and documents about the possibility of residential development within 50 meters from the shoreline of Dnipro River.
According to the paragraph 4, Article 29 of the Law of Ukraine «On Urban Planning Regulation», the Main Department of the City-Planning, Architecture and Urban Environment Design of the Kiev City State Administration in order to issue the City planning conditions and restrictions of land plot development determine compliance of developer's intentions regarding land plot development with the city planning documentation, such as the Master Plan of Kyiv, a detailed site plan or shoreland zoning plan.
By current Master Plan of Kyiv 2020 and by the chapter named Dniprovska Perlyna of approved Strategy of Kyiv Development 2025 (supposed as the first stage of new Master Plan 2025) altogether with information from Urban Development Cadastre of the capital (МІАС ЗМД) has been determined, that the territory of the shoreline zone of Mykilska Slobidka refers to landscape and recreation zones of citywide significance and development that provide public access opportunities. There aren't any decisions of Kiev City Council regarding changes in the Master Plan 2020 or approval of other city planning documentation with the change of the functional purpose of the territory. Therefore, the Chief Architect’s of Kyiv actions can be considered as preconceived and corrupt.
Despite the Judgement of Kyiv Administrative Court of Appeal dated 07.11.2013 that canceled the Decision of Kiev City Council dated 26.07.2007 #67/1901 regarding the change of purpose of lands of water protection zone of shoreland protective strip along the Dnipro River, the officials of KCSA’s Department of City Planning and Architecture exceeded their powers when issued and registered the «City planning conditions and restrictions of land plot development» #2144/0/012/009-14 dated 06.03.2014 for construction of the residential-business complex in the territory with the area of 4 hectares, not belonging to the building owner on the rights of lease.
Besides, the KCSA’s Department of City Planning and Architecture has provided the output data baised on false information regarding the place of registration of LLC «Terra Capital» at the following address: in non-existent building # 1, Mykilsko-Slobidska street without assigning any building address to the new development. Also, we doubt reliability of the signature (right to sign the document) and qualification of the official, who has issued previously mentioned City planning conditions and restrictions and who «hasn’t seen» and hasn’t taken into consideration absence of the urban planning documentation, courts’ judgments, pre-trial investigations of the Prosecution, contradictions in the urban planning calculation, reduction of the shoreland protective strip of large Dnipro River and so on.
We consider the examination report on the engineering design of 5th category's object’s construction, carried out by LLC «Ukrekspertyza in construction» to be falsified, since the experts passed by:
- courts’ judgments and prosecutors’ pre-trial investigations regarding the contestation of the functional purpose of the territory when providing the output data and continuous protests of the residential community against the construction at this address;
- non-fulfilment of conditions of the Conclusion #19-6855 dated 11.07.2007 issued by Urban Planning and Architecture authority and also effective at the time ordinance regarding the necessity of making the detailed Site Plan or Urban development specifications and requirements;
- non-conformity with the project of land plot development to functional purpose of the territory according to current Master Plan of Kyiv 2020 and to the information from Urban Development Cadastre of Kiev City (МІАС ЗМД);
- absence of the ecological expertise of the project of residential development in water protection zone and of the land management project with defined boundaries of the Dnipro shoreland protective strip (in conformity with the paragraph 30, Resolution of the Cabinet of Ministers of Ukraine #808 dated August 28, 2013);
- non-conformity of the area (and dimensions) of a plot of land of LLC «Terra Capital» with the documents confirming ownership rights to the parcel of land and cancelling the registration of 4 hectares plot of land, that has been included into the site development according to the output data;
- violation of State Building Standards (ДБН 360-92) in the urban planning calculation in the output data for building 3 551 apartments with total construction area of 135 million sq.m. without building social infrastructure objects (schools, kindergartens, recreational and sports facilities) and without adequate number of parking spaces, playgrounds and other objects of public access on adjoining territories.
In our opinion, when providing the output data for this construction haven’t been properly taken into account the requirements of the legislation of Ukraine, construction and technical standards, public's right and that is why there is the reason to suspect personal interest of Head of the Department of City Planning and Architecture mr. Tselovalnyk S.А. in use of authorities granted to him with the purpose to obtain an undue advantage by registering the «City planning conditions and restrictions of land plot development» for LLC «Terra Capital».
One more disturbing fact, that Ukrainian State Building Corporation «UKRBUD», that is not a building owner, a land plot property owner or a contractor and hasn't received any permitting documents, has started an active advertising campaign on the flats sale in an unbuilt residential building at non-existent postal address (the residents of the district receive the letters with advertising booklets). At the same time, the direct sale is held near the place of building by LLC «Zhytlo-Capital» (this company has been selling housing since 2014 using the documents cancelled by the prosecution). It seems, that in Kyiv is being planned one more fraud with money laundering in construction.
Taking into account the aforesaid, we have suspision of conspiracy of the participants of urban development activities: LLC «Terra Capital» the developer, PE «Ukrbaltbud» the contracting company, LLC «Ukrbuddevelopment», LLC «Zhytlo-Capital» apartments’ seller, LLC «Ukrekspertyza in construction» expert organization, PJSC «Kyivproekt» and SE «Institute of the Master Plan of Kyiv» designers of current Master Plan of Kyiv 2020 and Schemes of shoreline protective strips, the officials of state regulator in construction – the Ministry of Regional Development, Construction, Housing and Utility Services of Ukraine (under its regulation carry out their activities USBC «UKRBUD» and the KCSA’s Department of City Planning and Architecture).
Taking into consideration the given above information, we ask:
1. To investigate the case, to carry out the pre-trial check and to bring an action in accordance with state interests in order to cancel the «City planning conditions and restrictions of land plot development» for LLC «Terra Capital» #2144/0/012/009-14 dated 06.03.2014 and the Permit for Construction # ІУ 115150130533 dated January 13, 2015 for PE «Ukrbaltbud».
2. To stop development of all residential complexes along the shoreland strip of Mykilska Slobidka from Metro bridge to Rusanivski Sady berth and to establish an Interagency Working Group with the purpose of check the legality of the construction and of selling apartments in water protection zone along the Dnipro River with public and independent experts involvement. Therewith, it is necessary that all environmental state authorities, the units of Kyiv City State Administration, of State Inspection of Architecture and Construction Control in Kiev, of the Prosecution and the Ministry of Internal Affairs visit the place.
3. To remove the KCSA’s officials, responsible for Department’s of City Planning and Architecture work, to carry out an internal investigation and check the legality of signingthe output data for land allocation and construction of the residential-business complex in boundaries of water protection zone of the Dnipro River along Rusanivska Strait.
