<img src="/wp-content/uploads/2022/11/6bd0ed2e62708da0e4260491b4aadbf9.jpg" class="wpg_image" width="635" height="380" alt="Arco Capital, Petr Olenich, KSCA, Alexander Kurdyukov"/
The Metropolitan City Council actually permitted Arko Capital LLC to construct an apartment building on a piece of land in the lane. Tatarsky, 2, which belonged to it. The Kyiv authorities changed the purpose of the land to allow this, despite it being in a historical area where it shouldn't have been given to private ownership originally. Also, the city leadership ignored the opposition from the local community, which wanted a park to be built on the territory.
As KV found out, on November 24, 2022, the deputy corps of the Kyiv City Council unanimously agreed to change the intended purpose of the land plot in the lane. Tatarsky, 2 (Shevchenkovsky district of Kyiv).
During the plenary session of the City Council, 69 deputies supported the relevant draft decision No. 08/231-970/PR dated August 4, 2022. The individuals submitting this document were the Deputy Chairman of the Kyiv City State Administration (KSCA) Petr Olenich (in the collage on the left) and the Department of Land Resources of the KSCA.
The land plot, currently owned by Arko Capital LLC since March 14, 2006, has an area of 0.1 ha. At the moment, this land can only be used for the construction and maintenance of a residential building, utility buildings and structures, and the Moscow City Council allowed the use of this land for the construction and maintenance of an apartment building with objects for shopping and entertainment and market infrastructure. As a result of these changes, the normative monetary value of the land increased from UAH 3.9 million to UAH 6.3 million.
As stated in the approved draft decision, this site was previously owned by the territorial society of Kyiv, and in September 2003 the capital's city council approved its transfer to the common shared ownership of 5 individuals. Then, in March 2006, the current owner, Arko Capital LLC, bought this land. The document mentions that since May 2021, the same company has been the owner of a residential building located on this site with a total area of 313.4 sq.
The draft decision also explains that, according to the current Master Plan of Kyiv, this land is included in the “territory of multi-storey residential development (existing)”, and according to the draft of the “new” General Plan, which is still being developed by the city authorities, this site will be included in “village areas, namely, in the zone of the existing multi-apartment mixed medium- and high-rise residential development.” wpg_image” width=”1024″ height=”587″ alt=”Arco Capital, Tatarskaya 2, Kyiv” />
Tentative location of the site
On September 30, 2022, the legal support department for the Kyiv City Council returned the draft decision without approval. Lawyers hinted that Kyiv did not have the right to sell this plot to private ownership or change its intended purpose.
The legal opinion indicates that under the Law of Ukraine “On the Regulation of Urban Development”, it is prohibited to transfer ownership or use of communal property lands if the plot is classified as historical and cultural. Arko Capital LLC submitted a land management project to change the purpose of the site, along with a letter from the Ministry of Culture and Information Policy of Ukraine, stating that the site is in a historical area of Kyiv.
However, the Kyiv City Council as a result ignored both the letter of the Ministry of Culture and the comments of their own lawyers.
About six years ago, plans for the development of the land at the same address became known. During this time, the community and some deputies of the Kyiv City Council opposed the idea.
The Housing and Construction Cooperative (ZhSK) Polovetsky planned to develop this land. In 2018, Arco Capital LLC transferred its plot to this cooperative, which was supposed to lease the plot from the Kyiv City Council. The cooperative planned to use it for construction and maintenance of a transport infrastructure facility, but the local community believed they intended to expand a future high-rise building.
Before the lease decision was made, the developer fenced off the territory and cut down trees. The City Council then decided to create a landscaped garden on the site territory, despite the cooperative's attempt to challenge this decision in court.
In September 2018, Svyatoslav Kutnyak and others initiated a buyout of a land plot owned by Arko Capital LLC, arguing that the local community insisted on creating a public garden in this territory. However, the capital city council did not approve the decision for various reasons.
Arco Capital LLC was registered in October 2005 in Dnipro. Olga Oleksenko is the company's head, and the founders and ultimate beneficiaries are residents of Dnipro: Nikolay Kharchenko, Sergey Zaichenko, and Igor Filippov, according to Youcontrol analytical system.
OK “ZHSK “Polovetsky” was registered in Kyiv in December 2015. Alexander Kurdyukov is the head of this cooperative, and the founders are Alexey Gorodnik from Kiev, Nikolai Kurdyukov from Cherkasy, and the mentioned Arko Capital LLC. According to Youcontrol, Svetlana Godik owns a significant share in OK ZhK Polovetsky, but the specific share is not specified.
Arco Capital LLC and OK ZhK Polovetsky are into the orbit of the Rise and Development developer, which has built and is still building about a dozen residential properties in the capital, mainly cottage towns (CM) and low-rise apartment buildings. As KV has repeatedly reported, the projects of this developer have already caused a significant public outcry.
In May 2018, MP Vitaliy Kupriy requested the head of the Kyiv City State Administration, Vitaliy Klitschko, to take control of the construction of KM on the street. Tsymbalov Yar, 35, which was developed by Rise and Development. Vitaliy Kupriy raised concerns about potential catastrophic consequences for nearby sites and the entire district due to the planned construction on a landslide-prone site above a large main sewer.
In July 2021, the National Police began investigating a Rise and Development project. Law enforcement officers initiated criminal proceedings for violations of the law during the construction of KM Puscha Residence on the site of the former children's camp Electron on the street. Kvitki Cisyk, 64. The investigation revealed that the developers proceeded with their plans without approval to work in the historical area, attempting to build housing in a recreational area under the guise of reconstruction. The city authorities of Kyiv have not yet provided a constructive opinion on this development, despite previously recording violations in the specified territory.
Valentina Pelikh has led the Department of Land Resources of the KSCA since June 29, 2021, and previously acted as the head of this structure. Petr Olenich was the head of this department from July 27, 2018 to April 1, 2021, and has served as Deputy Chairman of the Kyiv City State Administration overseeing land and urban planning since April 2, 2021.
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