The National Police has been investigating the fact of abuse of official position by officials of the Department of Land Resources of the Kyiv City State Administration for three months. According to preliminary data, Petr Olenich’s subordinates (in the collage on the right) prepared a dubious draft decision to lease 5.25 hectares of land to Lesnaya Roshcha LLC on the territory of the former military camp on the street. Boryspil. For this, according to law enforcement officials, officials used fake documents. The Art Park residential complex has been built on this land for several years now, and the accomplices of this construction (companies from the orbit of the developer Ukrainian Construction Company), who have an obvious corporate dispute with the ex-tenant of the site, LLC Navara-K, are against the new land allocation. In addition to unpleasant emotions for officials of the capital’s mayor’s office, this story may have significant risks for people who have kept within the construction of this complex.
As became known KVJanuary 16, 2023 Shevchenko district court returned to the director of Lesnaya Roshcha LLC, her petition for the removal of the arrest from the land plot on the street. Borispolskaya, 67. The corresponding court decision, which the court issued in the framework of criminal proceedings No. 12022100000000793, was published in the State Register of Court Decisions on January 20 of this year.
The specified criminal proceedings were opened by the Main Department of the National Police of Kyiv on October 14, 2022 on the fact of the possible commission of a crime under Part 2 of Art. 364 of the Criminal Code of Ukraine – abuse of power or official position, if it entailed grave consequences.
During the pre-trial investigation, law enforcement officers previously established that in August 2022, officials of the Department of Land Resources of the Kyiv City State Administration (KSCA), abusing their official position, contrary to the data on the validity of the land lease agreement and information on the provision of documents. real estate, adopted a draft decision of the City Council on the transfer of land on the street. Boryspilskaya, 67 (Darnytskyi district of the capital) for lease to Lesnaya Roshcha LLC.
In the court rulings on this proceeding, it is reported that on the indicated site, which is in the communal property of the community of Kyiv and the tenant of which is Navara-K LLC, the construction of the Art Park residential complex (LC) is underway. According to the investigators, as a result of the mentioned actions on the part of the officials of the Kyiv City State Administration, the customer of the construction of Art Park LLC and the investors of the said residential complex suffered serious consequences.
On November 15, 2022, the Goloseevsky District Court of the capital, at the request of the Kyiv City Prosecutor’s Office, arrested to this earth. This was done in order to prevent “acquisition or termination of the right to use, change of users and change in the use of the site.”
In support of her demands to cancel the arrest of the site, the head of Lesnaya Roshcha LLC indicated that the draft decision of the Kyiv City Council itself has no legal force until it is considered at the plenary meeting of the City Council and the required number of votes for it. However, the investigating judge Marina Antonyuk refused to satisfy such a petition due to the fact that Lesnaya Roscha LLC does not have any rights to this land, and therefore this company cannot ask to remove the arrest.
LCD “Art Park”. Scandalous backstory
On September 28, 2006, the Kyiv City Council, by decision No. 73/130, agreed on the transfer of the site on the street. Boryspilskaya, 67 with an area of 5.40 hectares for lease to Navara-K LLC for the construction, operation and maintenance of a housing and office complex with social facilities (cadastral number – 8000000000:63:502:0001). The lease term is to be 5 years. This land acquisition took place at the expense of part of the land, which the city authorities first transferred for temporary use to military unit No. in the 1990s, this land was transferred for the operation and maintenance of buildings and structures).
On November 22, 2006, between the City Council and Navara-K LLC, a lease agreement was concluded for the specified site. At the same time, a slightly smaller area of this land was indicated in the agreement – 5.25 hectares. There is no information in open sources about where another 15 acres “disappeared”: it can be assumed that either the area of the site was clarified based on the results of new “measurements”, or the tenant for some reason refused part of the land.
According to open sources, in 2012-2015, it was planned to build the Residential Complex “Forest Pearl” (“Forest Pearl”) on this land plot, which was supposed to consist of 5-7-storey buildings. However, the developers failed to complete this project.
On May 12, 2015, Navara-K LLC and Kyiv House-Building Plant LLC signed an agreement for the construction of a complex of residential buildings on the street. Borispolskaya, 67. What were its conditions, there are no data in open sources. However, it can be assumed that, according to this agreement, it was agreed who and how will finance this construction, how the parties to the agreement will distribute the living space in the constructed residential complex for further sale, etc. as a construction customer, the above-mentioned Art Park LLC also joined (the company was registered in 2019, respectively, it could not participate in this project before. – KV), information about which is available in the State Register of Court Decisions. The role of this company in the specified agreement also unknown.
April 5, 2016 Kyiv City Council Commission on Architecture, Urban Planning and Land Relations supported draft decision no. 08/231-2301/PR dated September 23, 2015 on the renewal of the said lease agreement for a period of 5 years. In this case, the city authorities decided to prolong the agreement without making a decision in the session hall of the city council, as they like to do. Later, on September 12, 2016, an additional agreement was concluded between the Moscow City Council and LLC Navara-K to renew the lease agreement for the site.
On March 17, 2017, the Department of Urban Planning and Architecture of the KSCA issued Navara-K LLC urban conditions and restrictions (MUO) on the design of construction on the street. Borispolskaya, 67 housing and office complex with social facilities.
According to this document, officials allowed the specified company to design the construction of 25 buildings (including 18 residential buildings for 2874 apartments) with a height of 1,2, 11 and 26 floors. The MUA provided that the total building area should be 14.8 thousand square meters, the total area of apartments – 137.9 thousand square meters, and the total area of public non-residential premises – 32.4 thousand square meters. The city authorities did not put forward any special restrictions on the planned construction, only specifying that in the case of designing an object above 50 meters, the developers must coordinate their design decisions with UkSATSE and Ukraviatrans.
In the future, scandals began around this site. In April 2017, the military prosecutor’s office of the Central Region applied to the Kyiv Economic Court with a claim to invalidate the decision of the Kyiv City Council No. 73/130 of September 28, 2006 on the transfer of the site on the street. Boryspilskaya, 67 for lease to Navara-K LLC and invalidation of the lease agreement for this land. The capital city council and the specified tenant company were identified as defendants in this case.
The main motive for filing this lawsuit and at the same time the main argument for its satisfaction in the military prosecutor’s office was the fact that the specified site belongs to the defense lands, which are state property and the disposal of which is within the powers of the Cabinet of Ministers of Ukraine. We are talking about the fact that even in Soviet times this land was assigned to the city authorities for the use of a military unit. In this regard, according to the prosecutors, the City Council, when making the controversial decision No. 73/130, violated the requirements of the land legislation of Ukraine.
LLC “Navara-K” did not agree with such arguments of law enforcement officers. Representatives of the respondent company during the trial confirmed that there was once military property on this site (the property complex of military camp 181/1 with a total area of 7.6 thousand sq.m.), but in 2003-2004 this property LLC “Navara-K” was privatized, and therefore, they say, “ceased to be a military man.” In this regard, according to the lawyers of Navara-K LLC, the prosecutor’s reference to the fact that the land plot at 67 Boryspilskaya St. belonged to defense lands, which are state property, is “groundless and lacks proper evidential substantiation.”
The legal dispute in this case lasted a year and a half, and the military prosecutor’s office failed to achieve any success – October 17, 2018 Cassation Economic Court of Ukraine completely refused law enforcement officers to meet their demands.
In parallel with these disputes, in August 2017, the State Architectural Inspectorate (GAI) issued permission No. ІU113172302272 to Navara-K LLC for the construction of a housing and office complex with social facilities. The source data of this document are not available in the public domain, but, according to information specialized Internet portals, developers were allowed to build 19 houses (11 and 26 floors) for about 2.8 thousand apartments. This project was called LCD Art Park, its construction started at the end of 2017, and the Ukrainian construction company acted as its developer. So far, it is known that 2 houses have almost been completed on the indicated site, however, none of the objects has been put into operation yet.
On August 30, 2022, the Deputy Chairman of the KSCA for the implementation of self-governing powers Petr Olenich and the Department of Land Resources of the KSCA registered in the Kyiv City Council draft decision No. 08 / 231-1179 / PR on the transfer of a land plot on the street. Boryspilskaya, 67 leased to Lesnaya Roshcha LLC for a period of 5 years (it is planned to keep the designated purpose. – KV). One of the circumstances for the implementation of this land allotment in the document was the fact that the potential tenant is the owner of the property complex located on this site with an area of 7.6 thousand square meters. (Based on 8 contracts of sale, obviously, these are the buildings of the former military camp. – KV). At the same time, the draft decision specifies that Navara-K LLC is no longer a tenant of this land, because the relevant lease agreement expired in September 2021.
This document was later submitted for consideration standing committees of the city council. On September 7, 2022, he was supported by the City Council Commission on Housing and Communal Services and the Fuel and Energy Complex. In turn, the profile commission of the Kyiv City Council – on urban planning, architecture and land relations – did not make a final decision on this draft decision: on September 21, it created a working group that was supposed to work on this issue for further consideration.
At the end of September 2022 LLC “Kyiv house-building plant”and Art Park LLC filed two lawsuits with the Kyiv Economic Court against Navara-K LLC about the obligation to fulfill the conditions of the above-mentioned agreement for the development of a site at 67 Borispolskaya St.
In support of their claims, the plaintiffs noted that Navara-K LLC, contrary to the terms of the agreement prohibiting any actions regarding the site or rights to it, alienated the property located on this land in favor of Lesnaya Roshcha LLC. LLC “Kyiv Domostroitelny Kombinat” and LLC “Art Park” noted that such actions of the defendant may “negatively affect the implementation of the joint project” for the construction of the residential complex.
At the same time, the plaintiffs demanded that the Economic Court of Kyiv take a preventive measure in the form of a ban on the city council from discussing the issue of allotting this site or leasing it until decisions are made on these court cases. However, the ministers of Themis refused to satisfy the companies’ response requests. These cases are still ongoing.
According to the analytical system Youcontrol, OOO “Navara-K” (ex-tenant of the plot at 67 Boryspilska St.) was registered in Kyiv in January 2004. The head, founder and ultimate beneficiary of the company is Maxim Shlyuev, a resident of the capital.
Capital OOO “Forest Grove” (a company claiming to lease a plot at 67 Boryspilska St.) was registered in November 2021. The ultimate beneficiaries of the company are residents of Kyiv Sergey Krisevich and Yulia Bogatyreva (also the official head of this LLC), as well as a citizen of Cyprus Andreas Yasinas. The founders of Lesnaya Roshcha LLC are PJSC ZNIKIF Avisto and ZNIKIF Yukon JSC and JSC “ZNIKIF “Skilling”.
The leaders and owners of Navara-K LLC and Lesnaya Roshcha LLC may be associated with the environment of Vasily Gorbal, MP of the IV-VI convocations of the Verkhovna Rada (in his last two terms he was elected from the Party of Regions), ex-chairman of the Lviv Regional State Administration (2010 ), ex-chairman of the board and honorary president of Ukrgasbank before its nationalization (1996-2009).
So, in particular, the above-mentioned Maxim Shlyuev have worked in Ukrgasbank in 2002-2015, and in the mid-2000s he was employed at JSC Ukrkart (this company, under the presidency of Viktor Yanukovych, received the right to transfer information on cash registers to tax authorities), which the media, until 2012, was also linked to Gorbal . Now Shlyuev is the director and co-founder of the almost eponymous Ukrkart-Acquire LLCthe aforementioned Yulia Bogatyreva and Sergey Krisevich are the ultimate beneficiaries of this company.
It is noteworthy that Maxim Shlyuev is the sole owner of SPK BV Chaika LLC, to which the Kyiv City Council leased 3 hectares of land on Trukhanov Island in September 2021 for the operation and maintenance of its water sports base.
Kyiv OOO “Art Park” (construction partner) was registered in May 2019. The founders and ultimate beneficiaries of this company are residents of the capital Tatyana and Oleg Morozy. The latter is also the head of this LLC.
Oleg Moroz is the head and co-owner CJSC Ukrainian Construction Company — the developer of the Art Park residential complex, which participated in the construction of 7 residential projects in Kyiv and the Kyiv region (in particular, the iHome residential complex in Kryukovshchina). Also, this joint-stock company was engaged in the reconstruction administration building of “Prominvestbank” and head office of Naftogaz in Kyiv. By information Media, this company began to develop very rapidly during the time of Viktor Yanukovych and, in particular, acted as a general developer in projects financed by the state-owned Ukrgasbank.
In turn LLC “Kyiv House-Building Plant” (another construction partner) and OOO “Ukrspetsmontazhstroy-2” (construction contractor) are also more than obviously interconnected – one of the co-owners of both of these companies is a resident of the village of Supranivka, Ternopil region, Yuriy Trach.
The position of Director of the Department of Urban Planning and Architecture of the KSCA since November 1, 2016 is held by AAlexander Svistunov. Department of Land Resources of the KSCA from June 29, 2021 heads Valentina Pelikh (acting head of this structure since April 2, 2021, on the collage on the left). From July 27, 2018 to April 1, 2021, this department was headed by the above-mentioned Petr Olenich, who has been the Deputy Chairman of the Kyiv City State Administration since April 2, 2021 and is in charge of land and urban planning issues in Kyiv.
Ivan Kulik, translation Skeleton.Info
DOSSIER: Petr Olenich. An inconspicuous official with multi-million dollar land scams