Shchekavytsia development: law enforcement officers are fighting, KSCA is ignoring

The National Police is investigating the facts of possible violations of the law during the construction of a residential high-rise building on the street. Lukyanovskoy, 22. According to law enforcement officers, Dnipro businessman Andrey Anferov did not receive consent to carry out such work from the Kyiv City State Administration, although he had to do it, because the plot under the house is located in the Central Historical Area of ​​Kiev and in the protected area of ​​Mount Shchekavitsy. Investigators were also interested in the fact that the ownership of this building was registered even before it was erected. According to lawyers and activists, this was done so that developers could carry out work under the guise of reconstructing an existing facility. Recently, as part of criminal proceedings, the land under this house was seized, but later such a measure was appealed – the reason was the fact that, despite the one and a half year scandal surrounding this development, officials of the capital’s mayor’s office still did not recognize it as unauthorized.

As became known HF, law enforcement officers are investigating the circumstances of the construction of a residential high-rise building on the street. Lukyanovskaya, 22, in the Shevchenkovsky district of Kyiv.

The investigation is carried out within the framework of criminal proceedings No. 12021105100004116, which was opened by the Shevchenko Department of the National Police of Kyiv on November 21, 2021. Previously, law enforcement officers incriminate the defendants in this proceedings for committing crimes under two articles of the Criminal Code of Ukraine – Art. 356 (arbitrariness) and part 1 of Art. 365-2 (abuse of authority by persons providing public services).

During the investigation, law enforcement officers established that a residential building at the above address was being built illegally and that this led to damage to the architectural monument. At the same time, the investigators note that these works are carried out by persons unidentified by them. Law enforcement officers also found out that a private notary of the Kiev city notarial district (his name and surname in court rulings on this proceeding are “classified.” – KV), in violation of the requirements of the current legislation, on February 4, 2021, registered the ownership of the said building – without any or legal documents and on the basis of a fake technical passport.

December 14, 2022 Shevchenko district court at the request of the local district prosecutor’s office arrested to a plot with a cadastral number 8000000000:91:111:0032 with an area of ​​0.0848 hectares, on which this construction is being carried out. According to the relevant court ruling, any actions for the alienation and disposal of this land were prohibited, including the prohibition of construction work.

However, already on January 26, 2023, the Kiev Court of Appeal satisfied the complaint the owner of the plot (which will be discussed below. – KV) to cancel the court ruling on the seizure of the plot. The landowner managed to convince the servants of Themis that it was possible to “arrest” this property only if the Department of Architectural and Construction Control of the Kiev City State Administration (GASK KSCA) established the fact of unauthorized construction, which was not done in this case.

A week later, February 2, 2023, Shevchenkovsky District Court arrested to a residential building on the street. Lukyanovskoy, 22 (total area 3977.5 sq.m., living area 1831.7 sq.m.), thus satisfying the corresponding petition of the prosecutor’s office.

Thus, the owner of the building was prohibited from taking actions to dispose and use this property, including the prohibition of any construction work. And in the state register of court decisions there is no information about the appeal of the relevant court ruling in the court of appeal.

What exactly are the police investigating?

As it became known to KV, the owner of the site st. Lukyanovskoy, 22 from November 19, 2020 Andrey Anferov. The intended purpose of this land is “for the construction and maintenance of a residential building, outbuildings and structures.”

On May 27, 2021, the Department of the KSCA of the KSCA registered message on the commencement of construction work on the reconstruction of a residential building at the specified address. The customer of these works was an individual (who exactly, there is no information in open sources, but most likely it was the owner of the land. – KV), and Ukrprogressstroy LLC was indicated as the contractor.

Interestingly, a few days later, for some reason, the mentioned department returned this message for revision. But this did not stop the developers – on June 8, 2021 it was registered message on the start of construction work on the reconstruction of not a residential building, but “premises of a residential building”. The aforementioned Ukrprogressstroy LLC was indicated as the contractor for these works.

Later, on November 4, 2021, Ruslan Shvets, a private notary of the Kyiv City Notary District, registered Andrey Anferov’s ownership of the aforementioned house with a total area of ​​3977.5 sq.m. – information about this is indicated in extract from the State Register of Rights to Real Estate.

However, as law enforcement officers found out, in November 2021, as of the beginning of the investigation, there was not a single house at the specified address. Accordingly, in this case, the possibility of reconstruction is called into question, because, according to the requirements of Ukrainian legislation, existing structures are “rebuilt” as part of such work.

The fact that there were no real estate objects on this site was also reported to law enforcement by the previous owner of the land, an individual who was not named in court rulings and owned this site in the period 2008-2020. In addition, on December 8, 2021, the National Police recorded the absence of any buildings on the street. Lukyanovskaya, 22 during the inspection of this site. In the same period, the investigators found that this land was fenced, construction equipment was located on it and earthworks were being carried out, in particular, on the installation of bored piles.

Literally a year later, as of December 4, 2022, law enforcement officers have already officially recorded that a house “appeared” on this land — it was on that day that the National Police investigator recognized it as evidence in this criminal proceeding.

By information portal “LUN”, the height of this house is 8 floors.

At the same time, as part of the investigation, the National Police found out that the developers did not coordinate the scientific and design and design documentation on the construction work with the Department for the Protection of Cultural Heritage of the Kyiv City State Administration – the officials themselves informed law enforcement officers about this. The said department clarified that the officials did not register permission to carry out earthworks at the specified address. Although in this case all these approvals were necessary, because the indicated land plot is located in the Central Historical Area of ​​the city, in the protected landscape zone, on the territory of the archaeological monument of national importance “Cultural layer of the ancient settlement of the 9th-13th centuries. Shchekavitskaya Gora”, on the territory of the monument of landscape and local history “Historical Landscape of the Kyiv Mountains and the Dnieper Valley”.

As for the registration of ownership of the house on the street. Lukyanovskaya, 22, law enforcement officers were interested in several circumstances at once.

In particular, we are talking about a dubious technical passport for this building, which was allegedly prepared by LLC “EUB Hryvna-Plus” and on the basis of which the registration was carried out. The fact is that the director of the specified LLC, interrogated as a witness, told the investigators that his company had not been carrying out any economic activity since 2014 and the specified technical passport had not been created by it.

In addition, the head of EUB Hryvna-Plus LLC noted that he did not know Andrey Anferov and this person was not a client of his company.

The capital’s lawyer and human rights activist Oleksandr Dyadyuk told CV that Kyiv developers often register non-existent structures to legalize construction work. That is, the registrars fix “on paper” that some real estate is located on a certain site, and this allows them to be reconstructed in the future in accordance with the relevant permits. In this case, we can talk about just such a story.

Similar opinion stick to and in the NGO “Headquarters of Defense of Kyiv”, which repeatedly visited the construction site on the street. Lukyanovskoy, 22. In particular, this public organization indicates that the customer of the construction, in some dubious way, registered a giant manor house on this site, which never was and could not be there, because, in particular, Soviet legislation did not allow build manor houses with an area of ​​​​more than 80 square meters.

At the same time, as noted in the Headquarters of the Defense of Kiev, apart from such buildings, nothing at all can be erected on this land, because, according to the General Plan of Kiev, this territory belongs to the lands of estate development.

Andrey Anferov. background

As previously reported by KV, the scandals around the construction of the house st. Lukyanovskaya, 22 have been going on for more than a year and a half, but so far none of the relevant authorities has been able to stop the relevant work.

So, back in September 2021, the developers did not allow employees of the Department of the State Architectural and Construction Commission of the Kyiv City State Administration to enter the construction site, and the owner of the site did not respond to the demand of officials to come to the specified department with a package of permits.

Shortly after that, in October of the same year, the Department for the Protection of Cultural Heritage of the Kyiv City State Administration, based on the results of an inspection at the specified site, issued an order to stop preparatory and construction work and demanded that the owner of the land provide all the necessary design and permit documentation for urban transformations in the historical part of Kiev. However, this order was also not fulfilled.

Later, on November 12, 2021, near the construction site on the street. Lukyanovskaya, 22, an off-site meeting of the commission at the KSCA to verify information about high-profile construction projects took place.

During this event, the scientist of the Institute of Archeology of the National Academy of Sciences of Ukraine Vyacheslav Baranov called the actions of the owner of the site “arrogant construction”, because before the start of earthworks, mandatory archaeological research was not carried out to the depth of the cultural layer.

The scientist also wondered how this site could be in private ownership, if, in accordance with the legislation of Ukraine, the lands of archeological monuments can only be in state ownership. Then it turned out that the site “passed into private hands” back in 2003, and now, in order to return it to state property, it is necessary to go through a long procedure for buying the land.

In turn, the director of the Center for Archeology of Kyiv of the Institute of Archeology of the National Academy of Sciences of Ukraine Mikhail Sagaidak during the meeting said that this site is extremely important for the preservation of an archeological monument of national importance. According to him, Mount Shchekavitsa is one of the main objects of Kyiv medieval archeology. According to the scientist, within the site on the street. Lukyanovskaya, 22, may be the foundations of a medieval stone church.

In addition, the members of the commission became aware that the owner of the site did not receive approval of the design documentation from the KP “Specialized Department of Anti-Landslide Underground Works”. Although such coordination was mandatory, because construction is being carried out on landslides and along the retaining wall of the slope.

On November 16, 2021, the above-mentioned commission considered complaints about this construction from the community of Shevchenkivskyi district. It was, in particular, that the residents of neighboring houses, located higher on the slope of Mount Shchekavitsa, are afraid of landslides that can happen due to the passage of heavy construction equipment. Based on the results of the discussion, the commission decided to send a number of appeals on these works to the Institute of Archeology of the National Academy of Sciences of Ukraine, the Ministry of Culture and Information Policy and structural divisions of the KSCA.

Recall that across the road on the street. Lukyanovskaya, 19 there is another scandalous and probably illegal object – the Podilsky club house. Despite the fact that the work on its construction was completed in 2020, this facility was never officially put into operation. And we can assume that it never will be.

The fact is that on August 16, 2018, the Department of the State Construction Committee of the Kyiv City State Administration abolished the right to start construction work at the specified address. One of the main reasons was that the customer of the work, Skyfort LLC, did not receive the necessary approvals from the cultural heritage protection authorities, which would legitimize the construction on Mount Schekavitsa.

The specified company tried to challenge the actions of officials in court, but on July 20, 2022, the Supreme Court of Ukraine finally refused to satisfy such a claim.

Andrey Anfenov and other actors

According to the analytical system Youcontrol, Andrey Anferov is registered in the city of Dnipro. He is also the sole owner of LLCBK Concept Development”(until June 2021, the company was called Ukrprogressstroy) – the contractor of the so-called. reconstruction of the house on the street. Lukyanovskaya, 22 “.

Andrey Anferov is also a co-founder of OOO “Construction group (BG) “Apriori”which, according to information edition of the Ministry of Finance, built a complex of low-rise semi-detached residential buildings (townhouses) “Happy Estate” on the street. Olegovsky in the Podolsky district of Kyiv. This person is also the chairman OSMDserving the specified complex. According to the Ministry of Finance, the customer for the construction of townhouses “Happy Estate” was “Patriarchal Charitable Foundation“- a society that was under the control of the Dnepropetrovsk diocese of the Ukrainian Orthodox Church of the Kyiv Patriarchate.

Another founder of the aforementioned BG Apriori LLC is Igor Krivchenko, a resident of Dnipro. Until 2020, he was also the head of LLC “Pobeda Plus”, which the Youcontrol system refers to the informal “Petrovsky family group”. The key person of this group is the Dnipro businessman Alexander Petrovsky (first name – Nalekreshvili), known by the nickname “Narik”. Interestingly, this group, among other things, also includes a company that has a rather eloquent name – LLC “happy estate“.

Andrey Anferov is also the owner of LLC “Viaron“- a company that is a customer for the construction of a residential complex “arthof» on st. Sich Riflemen, 17 in the Dnieper. The implementation of this project also caused scandals. For example, in February 2022, the NGO “Public Anti-Corruption Council” accused developers of this residential complex that they did not receive approval for their work from the cultural heritage protection authorities. Although, according to representatives of the public organization, in this case it was required, since the territory under the specified complex is included in the local historical area “Central”.

Since September 7, 2018, the Department for the Protection of Cultural Heritage has been heading Alexander Nikoryak (in the collage on the right). Since the beginning of 2021, the activity of this structure has been controlled by the Deputy Chairman of the Kyiv City State Administration for the implementation of self-governing powers Vladimir Prokopov (he is also a deputy of the current IX convocation of the Kyiv City Council from European Solidarity).

From January 13, 2020, the duties of the Director of the Department of the SACC KSCA are performed by the Deputy Director of this structure Oksana Popovich (in the collage on the left). In this position, the official works until the official director of this department Vladimir Kuzmenko is on parental leave (heads this structure since February 3, 2017).

The activities of this department since 2018 are controlled by the Deputy Chairman of the Kyiv City State Administration Vyacheslav Nepop.

Ivan Kulik, translation Skeleton.Info

DOSSIER: Nepop Vyacheslav: “flayer” from the construction mafia in Kyiv. PART 2

Prokopiv Volodymyr: “Carpathian clan” in the KSCA, or Klitschko’s corrupt secretary. PART 2

Alexander Petrovsky (Nalekreshvili): the criminal “roof” of the Dnepropetrovsk oligarchs. PART 2

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