LCD The Resort in Kyiv is at risk of being unfinished
The National Police is investigating the facts of possible violations of the law during the construction of the premium multifunctional housing complex The Resort on the street. Kazimir Malevich, 32 and st. Yamskaya, 17, in the historical center of Kyiv. In particular, law enforcement officers drew attention to the fact that Mriya BU LLC and De Resort Development LLC intend to triple the allowable height of their houses – instead of 8-story buildings, they planned to build 27-story buildings. Recently, investigators managed to get the court to seize 0.95 hectares of land under the future complex – so that these plots were not re-registered and to stop construction during the investigation. However, the developers managed to challenge this decision. Obviously, this is not least due to the fact that people from the entourage of businessman Mikhail Kiperman (in the collage on the left), who is associated with oligarch Igor Kolomoisky, are involved in the implementation of this project.
As became known KV, Goloseevsky Department of the National Police of Kyiv is investigating the facts of a possible violation of the legislation of Ukraine during the construction of the residential complex (LC) The Resort on the street. Kazimir Malevich, 32 and st. Yamskoy, 17 (Goloseevsky district of the capital).
The investigation is being carried out as part of criminal proceedings No. 42021102010000113 (the date of its opening in the state register of court decisions is not indicated. — KV), which was initiated on the fact of the possible commission of a criminal offense under Part 3 of Article 197-1 of the Criminal Code of Ukraine – unauthorized constructions on an unauthorized occupied land.
As part of the investigation, law enforcement officers previously established that this construction was carried out in violation of the requirements of urban planning conditions and restrictions (MUO), which the Department of Urban Planning and Architecture of the Kyiv City State Administration (KSCA) issued LLC Construction Association (BU) Mriya and LLC De Resort Development » February 19, 2020. In particular, we are talking about the fact that the indicated MOUs provide for the possibility of designing at the indicated address the construction of structures no higher than 27 meters (about 8 floors. — KV), while on real estate websites there is information that in fact the residential complex “The Resort” will have 27 floors. Also, according to the National Police, the work is carried out with a significant deviation from the construction project, and in the areas under the future residential complex, unauthorized construction of a parking lot was carried out and fences were equipped.
Screenshot of one of the court rulings on this case
According to definitions from the state register of court decisions, on September 1, 2022, as part of this investigation, a judicial construction and technical expertise was appointed. On November 16 last year, the Goloseevsky District Court of Kyiv, at the request of law enforcement officers, seized the land on which, according to investigators, the future residential complex should be located. We are talking about seven land plots with an approximate area of 0.95 hectares, which are in use by Mriya BU LLC. According to the decision made by the court, for the duration of the investigation, the specified company was deprived of the right to dispose of this land, including re-register it, carry out construction, etc.
However, on December 20, 2022, the Goloseevsky District Court lifted the arrest from this land. This was done at the request of the aforementioned BU Mriya LLC, as well as representatives of MB Innovation LLC, a company from which BU Mriya leases two of the seven plots. The main reason for removing the arrest was that, they say, the right to use is legally issued for all sites, and construction is carried out in accordance with existing permits.
History of premium development
On March 29, 2007, the Kyiv City Council by decision No. 412/1073 approved the transfer of land on the street. Bozhenko, 32 (the name of the street until 2012) with an area of 0.44 hectares for the lease of LLC BU Mriya for the construction of a residential building with built-in and attached consumer services and parking. The lease term is to be 5 years.
At the time of this land allotment, a part of the specified plot with an area of 0.31 hectares de jure had a land user – back in the 70s of the last century, the city authorities transferred it to the use of the consumer services department of the city executive committee for the construction of a hygienic bath (de facto such a structure as the “city executive committee ” has long ceased to exist. – KV). According to the said decision, the City Council terminated the right to use this land and assigned this territory to the lands of the stock of residential and public buildings. The other part of the land transferred to BU Mriya LLC, the area of which was 0.13 hectares, was not provided for ownership or use at that time.
On February 2, 2007, a lease agreement for this site was concluded between the Kyiv City Council and OOO BU Mriya. Subsequently, on November 1, 2012, the City Council of the capital, by decision No. 424/8708, agreed to the renewal of the said lease agreement for another 15 years.
On February 19, 2020, the Department of Urban Planning and Architecture of the KSCA issued an MOU for the design of the construction of a multifunctional complex on the street. Kazimir Malevicha, 32. This permit was issued by OOO BU Mriya as the tenant of the land plot at the indicated address and OOO The Resort Development, which was designated in the MUO as a “developer” (probably, this company concluded a certain agreement with the land user on joint development of this land – KV).
The MUA noted that the city authorities are allowed to design the construction of buildings with a maximum allowable height of no more than 27 meters. At the same time, it was specified that the final height should be determined taking into account the provisions of urban planning documentation, etc. It was also stated in the document that, according to the urban planning documentation, the design site is located in the central planning zone within the historical area of Kyiv and in the category III building regulation zone. In this regard, the developers were charged with ensuring the preservation of the traditional nature of the historical environment and cultural heritage sites , as well as to obtain conclusions on project documentation from the authorities for the protection of cultural heritage.
Most of the other initial data about the future construction object – for example, the number of apartments or apartments, the number of parking spaces in parking lots, etc. – were not indicated in the MUA.
On December 8, 2020, the State Architectural Inspectorate (GAI) issued a permit to BU Mriya LLC and De Resort Development LLC for the construction of a BFC with a parking lot on the street. Kazimir Malevich, 32. Due to the fact that the portal of the Unified State Electronic System in the field of construction during martial law does not work in the public domain, it is not yet possible to establish all the initial construction data. However, relevant information is published on other Internet resources. So, on the site of the project “Investigation-info” a photograph of the passport of the future BFK was published, which indicates that we are talking about the construction of a 9-storey building (or buildings – KV). At the same time, according to the site “Nedvizhimye”, we are actually talking about 3 houses with a height of 27 floors, in which it is planned to equip 700 apartments. LLC “Top Hills East Europe” was awarded as the general contractor for the construction.
LCD «The Resort» on the map
During 2021-2022, BU Mriya LLC received the other six sites mentioned in the criminal proceedings for use.
So, in March 2021, the company leased a land plot of 0.06 hectares from MB Innovation LLC on the street. Kazimir Malevich, 32 with the intended purpose “for the construction and maintenance of a residential building, outbuildings and structures” (“MB Innovation” owns this land since 2015. — KV). In October 2021, LLC BU Mriya received a sublease from LLC KM 34 of three plots with a total area of 0.35 hectares on the street. Yamskoy, 17, which are the last company in 2020 took leased from the capital society for 10 years “for the operation and maintenance of buildings and structures, open parking lots.”
In 2022, BU Mriya LLC received two more plots on the street. Kazimir Malevich and st. Yamskaya with a total area of 0.1 ha. So, one plot of 0.08 hectares is leased to him for 10 years handed over The city council “for the operation and maintenance of a non-residential building”, another plot of 0.02 hectares was subleased by the company to MB Innovation LLC, which, in turn, also rented this land from the capital society for 10 years (purpose – for the construction, maintenance and repair of engineering, transport, energy infrastructure, communications and road facilities”).
Note that on November 25, 2021, the Department of Urban Planning and Architecture of the KSCA gave MUO for the reconstruction of a non-residential building on the street. Yamskoy, 17 for a multifunctional building. It’s about about the construction of the control center located on this land, the owner of which is KM 34 LLC. The MOU data are not publicly available, so it is rather problematic to establish to whom they were issued (to the land tenant of KM 34 LLC or the sub-tenant of Mriya BU LLC), which should be the initial data of the reconstructed object, etc. There is also no information on granting permission to carry out reconstruction from the bodies of the State Architectural and Construction Control in public sources.
The first scandal surrounding this construction occurred in February 2021. Then there was a shooting at the construction site. Soon the police delayed likely perpetrators. In “De Resort Development” LLC declaredthat we are talking about disputes between “pseudo-activists for the right to” collect tribute “from the developer,” but the company did not publish any details or evidence. In March 2021, Investigation-Info reported that members of the Doncorp Ukraine organization took part in the shooting.
Later, during 2021-2022, the Stop Corruption NGO protested against the construction of The Resort residential complex. The organization stated that the developers, contrary to the requirements of the MUA, will not be a complex with a height of 27 meters (about 8 floors), but about 67.5 meters (27 floors). Activists also reported that the KSCA, publishing the MOU, ignored that the territory of future development, according to the urban planning cadastre of Kyiv, is included in the zone of restriction of development and flight safety due to its proximity to the airfield. At the same time, according to the information of the Stop Corruption NGO, as of October 2021, BU Mriya LLC and De Resort Development LLC did not receive approval from the State Aviation Administration regarding the location and height of objects in the airport territories and facilities.
LCD The Resort: actors
According to the analytical system Youcontrol, the capital OOO BU Mriya (land tenant and co-customer of construction) was registered in July 2006. The founders of the company are Fedorra LLC and a resident of Kyiv Sergey Rybakov, who is also the head and official sole owner of BU Mriya LLC.
De Resort Development LLC (construction co-customer) was registered in Kyiv in December 2019. The founders of the company is an Israeli citizen Arie Schwartz (concurrently being the head of this company), registered in Kyiv, another resident of the capital of Ukraine Artem Solonik (is also the ultimate beneficiary of this LLC), as well as JSC ZNIKIF De Group Capital Investmentswhose owner is the same Solonik.
It should be noted that Sergei Rybakov, mentioned above (owner of BO Mriya LLC), is also a director LLC “Smart Student”, co-owned by Mikhail Kiperman and Alexander Katz. The first is called by the media an oil tycoon from the Dnieper, close to the Privat group of oligarchs Igor Kolomoisky and Gennady Bogolyubov. In turn, Alexander Katz is co-owner network of petrol stations “Klo”. Artem Solonik (owner of De Resort Development LLC) is also not a stranger to Kolomoisky’s entourage – in 2008-2011 he was the head of Orion Service LLC, the owner of which was Mikhail Kiperman mentioned above in 2016.
It is noteworthy that the organization “Doncorp Ukraine”, according to “Investigation-info”, for several years “performed tasks in the interests of the Ukrainian oligarch Igor Kolomoisky.” For example, she guarded the Centrenergo office when this state-owned energy generating company was headed by leadership loyal to Kolomoisky. “Doncorp Ukraine” tied up with the person of Semyon Semenchenko, commander of the volunteer battalion “Donbass” and people’s deputy of the VIII convocation of the Verkhovna Rada from the party “Samopomich”.
In turn, another co-founder of De Resort Development LLC, Arie Schwartz (in the collage on the right), Ukrainian media called “Former CEO of the Seven Hills real estate development group. According to the investigative journalism project Schema, in April 2021 Schwartz was one of the guests at the birthday party of the wife of the MP from the Servant of the People Mykola Tishchenko, the celebration of which in the five-star Fairmont Hotel in the center of Kyiv caused a significant public outcry, because it took place in the midst of the coronavirus lockdown. In turn, at the opening ceremony of the sales office of the LCD “The Resort”, which took place in October 2021, Arie Schwartz called “CEO (those. “Chief Executive Officer”) and a partner of “The Resort Development” (obviously, this is the name of De “Resort Development” LLC, written in English transliteration. – KV).
Note that under the flags of the aforementioned developer Seven Hills in the capital were built two premium-class residential complexes – Triiinity and Park Avenue VIP.
Capital Top Hills East Europe LLC (general construction contractor) was registered in May 2019. The head, founder and ultimate beneficiary of the company is Andrey Kamyshnikov, a resident of the city of Krivoy Rog, Dnepropetrovsk region. It is noteworthy that until July 2021, the specified LLC had a name consonant with the name of the aforementioned Seven Hills developer – Seven Hills East Europe. In addition, the mentioned Andrey Kamyshnikov is the official owner Top Hills Engineering LLCwhich until July 2021 was called Seven Hills Engineering LLC.
Kyiv OOO “KM 34” (land tenant) was registered in November 2017. The head of the company is Viktor Durnev, the founder is OOO “Gelinen”the ultimate beneficiary is a resident of the capital Alexei Zaika.
MB Innovation LLC (tenant and owner of the plots) was registered in Kyiv in November 2020. The head of the company is Eduard Karalash, the founder and ultimate beneficiary is a resident of the village of Petropavlovskaya Borshchagovka, Kyiv region, Yuriy Galeta.
The position of Director of the Department of Urban Planning and Architecture of the KSCA since November 1, 2016 has been held by Alexander 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 Petr Olenich, who since April 2, 2021 has been the Deputy Chairman of the Kyiv City State Administration and is in charge of land and urban planning issues in Kyiv.
Ivan Kulik, translation Skeleton.Info
