“Toilet schemes” rule: the city council is interested in seizing land on Osokorki
The city authorities must deal with the next “toilet scheme” in the field of land registration. Recently it became known that BK Interbud LLC, having registered a temporary construction trailer on the street. Grigory Vashchenko, 8, applied to the City Council with a request for permission to develop a land management project for the allotment of land under this property. In the metropolitan municipality, such an initiative was taken with caution. The deputies drew attention to the fact that the area of the specified trailer, under unknown circumstances, “on paper” increased from 96 sq.m. up to 2403 sq. m., and the potential land user, without waiting for the allotment of plots, began to carry out preparatory work for the further construction of a new commercial building there. The public of the Darnitsa region is also alarmed, because work on this site can provoke a transport collapse in Osokorki due to the peculiarities of traffic in this area.
As became known KV, in the near future, the city authorities plan to consider the issue of clearly illegal seizure of land on the street. Grigory Vashchenko, 8 in the Darnitsky district of Kyiv.
Consideration of this issue was initiated by the deputy of the Kyiv City Council Nikolai Konopelko (The Servant of the People faction, on the collage in the center). November 14, 2022 people’s choice sent a corresponding written appeal about “toilet schemes” to the city council commission on urban planning, architecture and land relations, of which he is deputy chairman. Last week, on January 18, this commission decided to create a working group that should study this problem and propose ways to solve it. This working group was headed by Nikolay Konopelko himself. Who else was a part of this body and what will be the duration of its activity, the members of the “land and urban planning commission” of the Kyiv City Council did not specify.
What’s Happening to the Plots
As noted in the appeal of Nikolay Konopelko, on November 23, 2020, BK Interbud LLC filed a petition with the Kyiv City Council for permission to develop a land management project for the allocation of two plots on the street. Grigory Vashchenko, 8 with a total area of 0.6 hectares (cadastral numbers – 8000000000:90:290:0013 and 8000000000:90:290:0079, the current purpose – for the construction and maintenance of parking lots and parking lots on the lands. In the relevant documents, it was indicated that on this land there is a building with an area of 96 sq.m., owned by the specified company and registered in the State Register of Rights to Real Estate. At the same time, as specified in the appeal, this register indicates that the area of u200bu200bthe indicated structure was significantly increased and is equal to 2403 square meters. m.
Konopelko also said that, without waiting for the decision of the city council, BK Interbud LLC ordered the development of a land management project for the allotment of this land (most likely, we are talking about renting. – KV). And as of today, as indicated in the appeal, preparatory work is being carried out on this land for further construction. At the same time, according to the results of the inspection of this land, conducted by the Department of Land Resources of the Kyiv City State Administration (KSCA), it was found that the Kyiv City Council did not make decisions to transfer the specified land plot to any individual or legal entity, including BK Interbud LLC, into the ownership or use.
The deputy clarified that the above property, owned by a potential tenant, is a construction trailer, which is a temporary structure. He noted that such structures are not subject to state registration – in accordance with the requirements of the law of Ukraine “On state registration of rights to real estate and their encumbrances.”
“I draw your attention to the fact that, using such a scheme, temporary structures are registered as real estate in order to create a precedent for further registration of a land plot for ownership, use or lease. In this case, the following violations of the norms of the current legislation are seen: illegal registration of real estate and an illegal attempt to allocate a land plot on the basis of fictitious documents, ”the appeal says.
In the document, the deputy asked to immediately include this issue on the agenda of the “land and urban planning commission” and invite representatives of the Department of Land Resources of the Kyiv City State Administration, the Kyiv City Prosecutor’s Office and the Darnytsia Department of the National Police of Kyiv to discuss it. During the meeting of the commission, which took place on January 18, 2023, Nikolay Konopelko specified that, in his opinion, in this case it is necessary to create a working group to study this situation.
“Toilet charts”. What are the risks
During the meeting of the “land and urban planning” commission on January 18, Nikolai Konopelko said that there were no structures on the specified land with an area of 2.4 thousand square meters. – in fact, the property of BK Interbud LLC occupies a smaller area. At the same time, according to the deputy, it is planned to build “large buildings for commercial use” on these sites.
“The locals are very outraged. Every day, tens of thousands of cars and hundreds of thousands of people pass through Osokorkovskiye dachas. All this happens through a single street, which is auxiliary and runs along Grigory Vashchenko Street. She at least once unloads this traffic flow. At present, these persons have erected fences (at Grigory Vashchenko Street, 8) and narrowed the passageway, so leaving the (Osokorki) gardens has become impossible, because two cars cannot pass there. This caused traffic jams“, – said Nikolai Konopelko.
Plots on st. Grigory Vashchenko, 8
According to the deputy, law enforcement officers are already investigating this “land story”. In turn, the city authorities, according to Nikolai Konopelko, should do everything in their power to understand this situation and, possibly, create a green zone in the specified territory in the future.
“Criminal proceedings have already been opened on this fact, investigative actions are now underway. The important thing is that in the past it was a green zone, and, apparently, in the future we will need to return this site to its previous status.“, – said Nikolai Konopelko.
In turn, the deputy of the Kyiv City Council of the last VIII convocation Igor Miroshnichenko (elected from the VO “Svoboda” in the constituency No. 23 in the Darnitsky district), who attended the aforementioned meeting of the “land and urban planning” commission, said that the road that runs near these sections is not on the city’s balance sheet. In his opinion, the transport collapse that may occur in this area as a result of development is only a matter of time.
“This road is not on the balance of the city, and this is the main problem of the whole microdistrict: people repair and maintain it at their own expense. If any object appears there, it will be a transport collapse. Today it is not there solely due to the fact that the war and the traffic flows are not as intense as usual. The scheme, which deputy Konopelko spoke about, is quite clear. Non-existent objects are “introduced” through the register, the ownership of which is registered, but in fact these objects do not exist, and then they try to allocate land plots under non-existent objects in order to create these objects. This is an obvious scam”, – said Igor Miroshnichenko.
How toilet circuits work
As KV has repeatedly reported, the procedures for allocating communal land plots under “doubtful” or even non-existent structures are often referred to as “toilet schemes” or “land allotments for dog kennels.” Experts, the public and opposition deputies of the Kyiv City Council regularly criticize the city leadership for this type of land allotment, including because they lead to a shortage of funds in the budget of Kyiv. This, in turn, is due to the fact that, according to the norms of Ukrainian legislation, plots with existing structures can be transferred to the owners of such property without holding land auctions, that is, without the possibility of increasing the rental rate due to competition between various applicants for land.
So, on June 23, 2022, the Kyiv City Council handed over the site on the street. Petra Vershigory 2A/2 (Raduzhny massif, Dneprovsky district) with an area of 0.46 hectares for lease to Etalon-2021 LLC. Thus, the specified company (included in the orbit of the owner of the BRSM-Neft gas station network Andrey Biba) will be able to build “engineering and transport infrastructure facilities” on this site.
Lawyers and journalists immediately called this land allocation illegal and suggested that it was carried out for corruption reasons by the top leadership of the capital. In their opinion, the specified plot should have been leased out only through an auction, and the strange structure of 121 sq.m., which is located on it and served as the basis for land allocation, was apparently built and legalized without permits. It is quite possible that in the near future the law enforcement agencies and judges will have to establish the legality of such actions of the City Council.
Often cases on such land allotments are considered by the courts. For example, on July 20, 2022, the Grand Chamber of the Supreme Court put an end to in a high-profile dispute regarding the transfer by the Kyiv City Council of a plot of 0.529 hectares on the street. Brodovsky, 81-p (Goloseevsky district) for rent to LLC Energy-VM. In the framework of this case, the Moscow prosecutor’s office proved that the city authorities illegally ignored the need for a land auction and provided the tenant with a much larger plot than he needed to service the 12.9 sq.m. facility located at this location. Even before the aforementioned court verdict was passed, some deputies of the Kyiv City Council stated that if the servants of Themis listen to the arguments of law enforcement officers, a judicial precedent may be formed – they say, the city authorities may be deprived of the opportunity to implement “toilet schemes”.
According to the analytical system Youcontrol, the capital BK Interbud LLC was registered in December 2015. The founders and ultimate beneficiaries of this company are residents of Kyiv Evgeny Savin and Irina Mishuta. The latter is also the official head of the LLC.
“Toilet schemes” work
It should be noted that until September 2021, one of the co-founders of BK Interbud LLC was Alexey Sanzharevsky from Kiev, who has business interests in the field of parking. In particular, according to data media, his company OOO Grado-Invest at least until 2021, she earned money in the parking lot near the Parus business center on the street. Mulberry in Kyiv. Among the partners of Sanzharevsky on other projects are Ukrainian media called Oleksiy Polishchuk (son of the Kyivtransparkservis ekskerovtsy KP Olena Polishchuk), Gennady Ilyin’s entourage (business partner of Anatoly Danilenko’s family – Deputy Prosecutor General Vitaly Yarema).
Recall that the Department of Land Resources of the KSCA from June 29, 2021 heads Valentina Pelikh (acting head of this structure since April 2, 2021). From July 27, 2018 to April 1, 2021, this department was headed by Petr Olenich (on the collage on the left), who since April 2, 2021 has been the Deputy Chairman of the Kyiv City State Administration for the implementation of self-governing powers and oversees land and urban planning issues in Kyiv.
Since December 8, 2020, the Kyiv City Council Commission on Architecture, Urban Planning and Land Relations has been headed by Deputy Mikhail Terentyev (UDAR faction, on the collage on the right). This body consists of 24 deputies,
Ivan Kulik, translation Skeleton.info
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