My name is Evgeniy Leskiv, and I am the founder of the development company KiivBudDevelopment. On February 14, 2019 on the “KievVlast” page a custom-made article “SBU is outraged by the construction of Struetinsky LCD” was posted. The residential complex Struetinsky, which has already been built, is located on Pechersk, Bolsunivska Street 4. The article gives false information that the Orsy Ukrainy OK, as a customer, deliberately underestimated the complexity category of the construction object, and location.
An understatement of the complexity category of the construction project, in which the company is accused, is explained in the article by the desire to simplify the paperwork for a permit. That is why, it seems, it was noted that the construction of the object belongs to the III category of complexity.
Our answer in the court won was: according to Part 6 of Art. 32 of the Law of Ukraine "On Regulation of Urban Planning" (as amended at the time of filing the declaration on the beginning of construction work), the designation of the object to a certain class of consequences (responsibility) is carried out by the design organization in consultation with the customer of construction. Also in accordance with clause 2 of the Order of attributing construction objects to IV and V categories of complexity, approved. Resolution of the Cabinet of Ministers of Ukraine dated April 27, 2011, No. 557, assigning the construction object to the appropriate category of complexity is carried out by the designer and customer
Given this, OK "Orsey Ukraine" is deprived of the opportunity without the conclusion of the project organization to determine the class of construction. Consequently, the widespread information in a custom article is not true.
Also, in accordance with Part 5 of Art. 34 of the Law of Ukraine "On Regulation of Urban Planning" control over the implementation of preparatory and construction work is carried out by the bodies of state architectural and construction control. The materials of case No. 761/43820/18 do not contain the conclusions of DHABI about the violation of the Law of Ukraine "On the regulation of urban planning" during the work. From this follows another slander against me as a builder, eloquently presented in the above article.
In the article, the prosecution of the construction site on Bolsunovskogo Street, 4 is served as illegal for its location within the central historical area of the city. At the same time, we, before filing a declaration on the commencement of construction work at the address. Kiev, st. Bolsunivska, d. 4 turned to the. Head of the Department for the Protection of the Cultural Heritage of Gruzdo Sergey Nikolaevich with a request № 18/1 from 08/31/2016 g. With a request to provide a certificate stating that the building is located at the address. Kyiv, st. Bolsunivska, 4 (former Strutinsky Street) is a cultural heritage object or architectural monument. It also additionally attached the layout and photofixation of the object.
In response to a request for ref. No. 18/1 of 08/31/2016. The Department of Culture of the executive body of the Kyiv City Council (Kyiv City State Administration) provided letter No. 09/27/2016 No. 06-7007, informing that at 01.09.2016 the house located at . Bolsunivska, 4 is not registered as a monument or just an identified object of cultural heritage.
The procedure for determining the boundaries and modes of use of the historical areas of populated areas, limiting economic activities in the territory of the historical areas of populated areas was approved by the Resolution of the Cabinet of Ministers of Ukraine of March 13, 2002 No. 318. The said resolution as amended at the time of the disputable issues (01/25/2007) stipulated that the Ministry of Culture, the Gosstroy and their authorized bodies for the protection of cultural of heritage (p. 4), actually has not changed and Dote eras.
So far no organs have been identified violation in the construction of objects of CB "STRUETINSKY"
I frankly do not understand why the desire to reach a new European level in architecture is suppressed by the legislative bodies.
The history of the Struetinsky Club House began on November 20, 2018, when the petition of the senior investigator 3 of the I Department of the Preliminary Investigation Department of the Main Investigation Department of the Ukrainian Security Service Stukovenkova A.V. production on grounds of criminal offenses, provided for by part 2 of article. 364. Part 2 of Art. 364-1 of the Criminal Code of Ukraine. The aforementioned decree seized immovable property at the address: Kyiv, st. Boslunivska 4, where the Struetinsky Commercial Bank is located.
Since the seizure of the property was unreasonable, we filed a motion to cancel it. Shevchenko district court. In Kiev, after reviewing the petition, it established that the content of the materials in the case does not seem to indicate that at the time the petition was examined the extent of the damage caused by the criminal offense was determined, and that the indicated measures to ensure the criminal proceedings were proportionate and proportionate. This means that the investigating judge concluded that the arrest of the property was imposed unreasonably, and therefore the petition must be granted on the basis of the foregoing and guided by Art. 174, 376, 532 Code of Criminal Procedure of Ukraine.
The question arises, why, with all the necessary documents, does the Security Service of Ukraine disseminate information about the illegality of the construction of the Struetinsky residential complex? On the website Obozrevatel, facebook, youtube and others, we find the necessary materials that consist of an unexpected puzzle and give an answer to an already urgent question.
A month before the publication of the aforementioned article on the “KievVlast” page, a message was published “SBU vs a major developer: a scandal has ripened in the real estate market” on the Obozrevatel page. According to Obozrevatel, about 30 objects in the center of Kiev are faced with the problem of blackmail by the SBU. Several companies were unlawfully opened against companies regarding the construction of residential complexes.
According to developers, faced with a similar situation, all the information that is distributed in social networks is aimed at discrediting residential complexes of a new generation, in order to stop the sale of apartments, scare customers.
Developers openly speak out, marveling at the fact that during military operations in the country, the SBU has no other business than blackmailing private business. In the hands of developers is the future of the city and the direction in which it will develop. However, the constant sticks to the wheels of the state authorities, make it necessary to lower the hands of many developers: “The state, if it does not want to help, then at least does not interfere with the development of business. Inaction is like a crime. ”
The most incomprehensible for my company and at least 30 other development companies is the fact that the SBU is starting to investigate cases that are beyond their competence. Fictional charges have no connection with the defense of national security and defense.
My personal position is to try to solve problems without loud statements and wide publicity in the media. I used to act silently, not to speak and complain. That is why he did not seek the help of the press and other social structures. After the trial was won, our address from the prosecutor's office of the city of Kiev repeatedly received requests for information and documents of a financial and economic nature and other investigative actions were taken. According to the petition to provide information on whether investigations (investigative) measures were carried out by officials of the Orsey Ukraine OC within the framework of criminal proceedings, an answer was received that “there were no measures to ensure criminal proceedings”. From the point of view of all events, in my opinion, a completely logical question arises: what was all this for?
I hope that the recent elections, which have been held throughout the country, will change this approach and give us a go-ahead for development. After all, the construction industry is the engine of the economy.