<img src="/wp-content/uploads/2022/11/6bd0ed2e62708da0e4260491b4aadbf9.jpg" class="wpg_image" width="635" height="380" alt="Arco Capital, Petr Olenich, KSCA, Alexander Kurdyukov"/
The Metropolitan City Council actually allowed Arko Capital LLC to build an apartment building on a plot belonging to it in the lane. Tatarsky, 2. To do this, the Kyiv authorities changed the purpose of the land, which previously could only be used for the construction of “ordinary” private housing. Under unknown circumstances, the Kyiv City Council decided to turn a blind eye to the fact that this site is located in the historical area of the city, so at one time it should not even have been transferred to private ownership. In addition, the city leadership, apparently, decided to simply forget about how the local community opposed this construction back in 2017-2018, which insists that a park be equipped on this territory.
As it became known to KV, on November 24, 2022, the deputy corps of the Kyiv City Council, without discussion, agreed on a change in the intended purpose of the land plot in the lane. Tatarsky, 2 (Shevchenkovsky district of Kyiv).
During the plenary session of the City Council, the relevant draft decision No. 08/231-970/PR dated August 4, 2022 was supported by 69 deputies. The subjects of submission of this document were the Deputy Chairman of the Kyiv City State Administration (KSCA) Petr Olenich (in the collage on the left) and the Department of Land Resources of the KSCA.
We are talking about a land plot with an area of 0.1 ha (cadastral number – 8000000000:91:089:0016), which has been owned by Arko Capital LLC since March 14, 2006. At the moment, this land can only be used for the construction and maintenance of a residential building, utility buildings and structures (household plot), and in accordance with the decision, the Moscow City Council allowed the use of this land for the construction and maintenance of an apartment building with objects. shopping and entertainment and market infrastructure. In connection with these changes, the normative monetary value of the said land increased from UAH 3.9 million to UAH 6.3 million.
As reported in the approved draft decision, earlier this site was owned by the territorial society of Kyiv, while in September 2003 the capital's city council agreed on its transfer to the common shared ownership of 5 individuals. Later, in March 2006, this land was bought by its current owner, Arko Capital LLC. The document notes that since May 2021, the same company has been the owner of a residential building located on this site with a total area of 313.4 sq.
The draft decision also clarifies that, according to the current Master Plan of Kyiv, according to its functional purpose, this land is included in the “territory of multi-storey residential development (existing)”, and in accordance with the draft of the “new” General Plan, which is still being developed by the city authorities, this site should will be included in “village areas, namely, in the zone of the existing multi-apartment mixed medium- and high-rise residential development.” wpg_image” width=”1024″ height=”587″ alt=”Arco Capital, Tatarskaya 2, Kyiv” />
Tentative site location
It is noteworthy that on September 30, 2022, the department of legal support for the activities of the Kyiv City Council returned this draft decision without approval. The lawyers of the capital city council hinted that the authorities of Kyiv did not have the right to sell this plot to private ownership at all and, accordingly, do not have the right to change its intended purpose.
Thus, the legal opinion states that, according to the Law of Ukraine “On the Regulation of Urban Development”, it is not allowed to transfer ownership or use of communal property lands if such a plot is classified, in particular, as historical and cultural lands. Meanwhile, Arko Capital LLC even attached to the land management project to change the purpose of the site, which was submitted for approval by the city authorities, a letter from the Ministry of Culture and Information Policy of Ukraine, which states that the site in the lane. Tatarsky, 2 is located in the historical area of Kyiv.
However, the Kyiv City Council as a result ignored both the letter of the Ministry of Culture and the comments of their own lawyers.
It should be noted that the plans for the development of the said land, as well as the neighboring plot at the same address with the cadastral number 8000000000:91:089:0033 (the area is 0.1 ha, is in the communal property of the Kyiv society) became known about six years ago. During this period, the community of the Tatarka area and individual deputies of the Kyiv City Council actively opposed such an idea.
The service cooperative (OK) “Housing and Construction Cooperative (ZhSK) Polovetsky” planned to develop this land. In 2018, the media reported that it was to this cooperative that Arco Capital LLC transferred its plot for development under a superficies agreement, and it was this cooperative that was going to receive from the Kyiv City Council the right to lease the above-mentioned plot with the cadastral number 8000000000:91:089:03. Formally, this site was planned to be rented by OK ZhSK Polovetsky “for the construction, maintenance of a transport infrastructure facility (entrances) and the creation of a common area.” However, the local community was sure that in fact it was about intentions to expand the territory of the “future” high-rise building at its expense.
According to media reports, even before the decision on the lease was made, this developer fenced off the territory of two sites with a construction fence and cut down several trees on the site that did not belong to him. However, the capital’s City Council did not agree on the transfer of the specified site to the lease of OK ZhBK Polovetsky, and instead, on the initiative of the deputies Svyatoslav Kutnyak and Igor Miroshnichenko (at that time both represented the VO Svoboda faction), in December 2017 decided to create a landscaped garden on this site territory – square. OK ZhBK Polovetsky tried to appeal against such a decision in court, however, on October 24, 2018, the District Administrative Court of Kyiv refused to satisfy this cooperative's claim.
In parallel with this, in September 2018, Svyatoslav Kutnyak, together with fellow party members Prokhor Antonenko and Ivan Kartavy (hereinafter Kutnyak and Antonenko left the party and its faction in the Kiev Council. – KV), initiated a buyout from Arko Capital LLC owned by this company land plot in the lane Tatarsky, 2 – the same one, the intended purpose of which was agreed upon by the city council last week. The deputies argued the idea of a ransom by the fact that the local community insists on the creation of a public garden in this territory. However, for various reasons, the capital city council did not approve the relevant draft decision.
According to the Youcontrol analytical system, Arco Capital LLC was registered in October 2005 in the city of Dnipro. The head of this company is Olga Oleksenko, the founders and ultimate beneficiaries are residents of Dnipro Nikolay Kharchenko, Sergey Zaichenko and Igor Filippov.
OK “ZHSK “Polovetsky” was registered in Kyiv in December 2015. The head of this cooperative is Alexander Kurdyukov (in the collage on the right), the founders are Alexey Gorodnik from Kiev, Nikolai Kurdyukov, a resident of the city of Cherkasy, and the aforementioned Arko Capital LLC. According to Youcontrol, Svetlana Godik is the owner of a significant share in OK ZhK Polovetsky, but what share she owns is not specified.
Arco Capital LLC and OK ZhK Polovetsky are into the orbit of the Rise and Development developer, which has built and is still building about a dozen residential properties in the capital, mainly cottage towns (CM) and low-rise apartment buildings. As KV has repeatedly reported, the projects of this developer have already caused a significant public outcry.
So, for example, in May 2018, MP Vitaliy Kupriy (in the VIII convocation of the Verkhovna Rada he was elected from the Bloc of Petro Poroshenko, was a member of the faction of this party in parliament, but in 2015 left its membership) asked the head of the Kyiv City State Administration Vitaliy Klitschko to take control construction of KM on the street. Tsymbalov Yar, 35 (Dobrey Put area in Goloseevsky district), the developer of which was Rise and Development. The people's deputy explained this request by the fact that this construction could lead to catastrophic consequences both for nearby sites and for the entire district, because it is planned on a landslide-prone site above a large main sewer.
And in July 2021, the National Police became interested in one of the Rise and Development projects. Then law enforcement officers opened criminal proceedings on violations of the law during the construction of KM Puscha Residence on the site of the former children's camp Electron on the street. Kvitki Cisyk, 64 (Pushcha-Vodytsia, Obolonsky district of Kyiv). According to the investigation, the developers, realizing their plans, did not receive approval to carry out work within the historical area, they decided to build housing in a recreational area under the guise of reconstruction, etc. At the same time, as KV reported, the position of the city authorities of Kyiv in this case looks more than strange: neither the Kyiv City Council, nor the officials of the Kyiv City State Administration, who previously recorded violations in the specified territory, have not yet expressed their constructive opinion on this development.
Since June 29, 2021, the Department of Land Resources of the KSCA has been headed by Valentina Pelikh (she has acted as the head of this structure since April 2, 2021). From July 27, 2018 to April 1, 2021, this department was headed by the above-mentioned Petr Olenich, who since April 2, 2021 has held the position of Deputy Chairman of the Kyiv City State Administration and oversees land and urban planning issues in Kyiv.
The Kyiv City Council refused the enterprise of Vagif Aliyev in the sale of land near the Ice Stadium
Symbolic battle: KSCA lost the court case on the “development of Stolar” in the historical part of Kyiv
