The capital city state administration proposed to the Kyiv city council to change the purpose of the land plot on avenue. Obolonsky, 52 – close to the Heroiv Dnipra metro station and the Obolon market. Thus, the tenant of this land, Fortsa Group LLC (the company has Poltava roots), will be able to build a 23-storey residential and office complex on the site of a former building materials store, exacerbating the transport and social problems of the area. Despite the fact that at the “extreme” plenary meeting of the City Council, the deputies postponed consideration of this issue, most likely, the development process cannot be stopped. After all, these works were actually legalized during the approval of the scandalous Detailed Territory Plan (DPT) of the northwestern part of the Obolonsky District (currently being appealed in court).
As it became known to KV, in the near future the approval of the capital city council may be made by draft decision No. 08/231-210/PR dated January 25, 2022 on changing the designated purpose and replacing the tenant of the land plot on ave. Obolonsky, 52 in the Obolonsky district of Kyiv.
The subjects of the submission of this document were the Deputy Chairman of the Kyiv City State Administration (KSCA) for the implementation of self-governing powers Petr Olenich (on the collage) and the Department of Land Resources of the KSCA. The municipality of Kyiv planned to consider this issue at a plenary meeting held on November 24, 2022, but then the deputies voted to postpone it.
We are talking about a land plot with an area of 0.57 hectares with the intended purpose “for the operation and maintenance of a company store”, which has been leased from the capital community since August 30, 2002 by PJSC “Building Materials Company Store” (cadastral number of the plot – 8000000000: 78: 036: 0010 ). According to the draft decision, the deputies of the Kyiv City Council were proposed to amend the said lease agreement so that Fortsa Group LLC becomes the tenant of this land, and the intended purpose is “for the construction, operation and maintenance of a housing and office complex with commercial premises and underground parking.” The term of the lease agreement does not change – the agreement is still calculated until August 30, 2027.
As noted in the document, according to the General Plan of Kyiv, according to its functional purpose, this site is included in the territory of public buildings and structures. At the same time, according to the DPT of the northwestern part of the Obolonsky district, where this land plot is located (approved by the decision of the Kyiv City Council No. 2242/2283 dated August 31, 2021), its functional purpose is different – “territory of multi-apartment residential development (17 floors and above)” .
The draft decision clarifies that a non-residential building with an area of 2.2 thousand sq.m. ;.— KB). It was previously owned by Stroymaterialy Company Store PJSC, which in July 2018 sold this facility to Forza Group LLC. At the same time, the document states that the right to lease this site for the specified LLC was registered as early as September 8, 2021 (the relevant information was entered into the State Register of Rights to Real Estate about this). That is, the deputies of the Kyiv City Council are, in fact, offered to formally testify to a fait accompli.
It is noteworthy that on June 11, 2022, the Department of Legal Support for the Activities of the Kyiv City Council returned the said draft decision without approval.
In particular, the legal opinion states that the type code of the “new” purpose proposed for approval (02.10 “for the construction and maintenance of a residential and office complex with retail premises and underground parking”) does not correspond to the functional purpose of the land, determined by the aforementioned DPT. At the same time, this remark of the lawyers of the Kyiv City Council is rather strange, because the special Classifier, which was approved by the Cabinet of Ministers of Ukraine and to which there are references in the legal opinion, allows such a ratio of the code of the type of purpose and functional purpose.
In addition, the Department of Legal Support for the Activities of the City Council drew attention to the fact that the DPT, which includes this section, is currently being appealed in court. We are talking about court case No. 640/35801/21, which should be considered by the Kyiv District Administrative Court (OASK). The plaintiff in it is Lyudmila Mykytyuk from Kiev. In the same court, there is still another case on appeal against the said DPT (case No. 640/5558/22), which was initiated by the public organization (GO) Obolonskaya Sich. By the way, Lyudmila Mykityuk is one of the founders of this NGO. Recall that, according to some activists and representatives of the capital’s politicians, the implementation of the said DPT could lead to an increase in the load on the transport and social infrastructure of the Obolonsky district and even the destruction of individual buildings.
Also, the lawyers of the Kyiv City Council in their opinion noted what a lease agreement for a new tenant, who is the new owner of the building located on the site, is not needed at all – they say, the Land Code of Ukraine does not require such changes to the agreement.
What was the reason for the need to postpone the consideration of this issue, neither the officials of the Kyiv City State Administration nor the deputies of the Kyiv City Council reported during the plenary session. However, on November 24, the City Council decided to postpone most of the draft decisions aimed at building up the capital's land, because many of these documents caused a significant public outcry.
It should be noted that in the above-mentioned DPT, it was precisely stated that this site can accommodate “a residential and office complex with commercial premises and underground parking.” In a detailed plan, some preliminary technical and economic indicators of such a complex were specified: height – 23 floors, building area – 4.2 thousand square meters, total number of apartments – 300, etc. (indicators may be specified during the development of project documentation. – KV). At the same time, the DPT stated that for the construction of this complex, it is necessary to obtain a positive conclusion from UkSATSE and the Ministry of Health of Ukraine.
According to the analytical system Youcontrol, the capital PJSC Stroimaterialy Company Store was registered in May 1994. The head of the company is Gleba Vakunova, the owners of large blocks of shares are residents of Kyiv Pavel Tymoshenko (45.6% of shares) and Yulia Zinchenko (29.4% of shares).
Forza Group LLC was established in March 2017 of the year. The head of the company is Alexander Guide, the founder is ADND Group LLC, the ultimate beneficiary is Ainur Akhmedova, an Azerbaijani citizen (lives in Poltava).
Recall that the above-mentioned Alexander Guide is also the head of the Poltava Hospitable Dvor private enterprise, the customer for the construction of the Parkovy premium-class residential complex on avenue. Pervomaisky in Poltava near the local park “Victory” and the literary and memorial museum of Ivan Kotlyarevsky. Another person who unites the said PE and Forza Group LLC is Dashgin Akhmedov (Azerbaijani citizen registered in Poltava), who until 2019 was one of the founders of ADND Group and Poltava Hospitable Court.
As KV reported, on August 25, 2022, the capital city council agreed on a change in the intended purpose of a plot of 1.22 hectares on the street. Severnaya, 1 (Obolonsky district), which until recently was used as a parking lot and which has been rented from the company since 2008 by Avva-Service LLC. Now this company (included in the orbit of influence of Alexander Antonov, head of the construction holding MZhK Obolon) can collect permits for the construction of its 26-storey housing and public complex on this land. Such a “re-profiling” of land was also agreed by the DPT, which is now being appealed in court.
Recall that the Department of Land Resources of the Kyiv City State Administration has been headed by Valentina Pelikh since June 29, 2021 (she has acted as 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.
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