Metropolitan law enforcement officers are now investigating possible violations of the law during the construction of the Struetinsky Residence residential complex and the M29 club house in the Pechersky district of Kyiv.
According to the National Police, the owner of the development companies “KBD” and “UBH” - the famous businessman Evgeniy Leskiv (in the collage) - is implementing these projects without the necessary permits and contrary to the position of the regulatory authorities. As investigators established, the developers are carrying out work on sites that are not intended for the construction of apartment buildings, and have not received development approval from the Ministry of Culture, although they should have done so, because the sites under these houses are located in the Central Historical Area of the city and in the protected zone of the Botanical Garden.
In addition, no share contributions were paid to the Kyiv budget, and their beneficiaries, it seems, decided to legalize these constructions on the basis of deliberately forged documents.
As KV has learned, the capital’s law enforcement officers are now investigating possible violations of the law during the construction of the residential complex (LC) “Struetinsky Residence” (Bolsunovskaya (Strutinskogo) St., 8) and the club house (CL) “M29” (Michurina Lane, 29) in the Pechersky district of Kyiv.
The corresponding investigation is being carried out within the framework of criminal proceedings No. 42023000000000455 (opened by the Main Investigation Department of the National Police of Ukraine on March 13, 2023). Procedural management in this case is provided by the Office of the Prosecutor General. The defendants in this proceeding are preliminarily charged with committing crimes under Part 4 of Art. 190 (fraud committed on an especially large scale or by an organized group) and Part 5 of Art. 191 (appropriation, embezzlement of property or taking possession of it through abuse of official position, committed on a large scale or in conditions of martial law or a state of emergency) of the Criminal Code (CC) of Ukraine.
What investigators learned
As established by the National Police, the above-mentioned houses are being built in violation of urban planning legislation, without the necessary permits and contrary to the position of the regulatory authorities. Investigators believe that this construction was organized by the owner of the development company “Kievbuddevelopment”, under whose brand both the residential complex “Struetinsky Residence” and the KB “M29” are being built.
Law enforcement officers found out that developers, in particular, would have to inform cultural heritage protection authorities about the construction of housing on this territory. This was necessary due to the fact that, according to the General Plan of Kiev and the order of the Ministry of Culture and Information Policy of Ukraine No. 599 “On approval of the boundaries and modes of use of the territory of historical areas of Kiev” dated August 2, 2021, land plots on the lane. Michurina, 29 and st. Bolsunovskaya, 8 are located in the Central Historical Area of the city, in the protected zone of the monument of landscape architecture, unique green areas and individual trees of local significance “National Botanical Garden of the National Academy of Sciences of Ukraine named after.
As investigators learned, the Ministry of Culture did not approve the project documentation and did not provide the appropriate permits to carry out work at the specified addresses. At the same time, on August 16 and September 6, 2021, the said ministry sent orders to the customers for the construction of these houses to stop excavation and any other construction work. But, despite the indicated “moratoriums,” the work still continued. Let us note that the customers for the construction of the residential complex “Struetinsky Residence” are the service cooperative (SC) “Orsey Kiev” and LLC “Cart Limited”, and the customer for the construction of the CB “M29” is an individual whose name and surname are not specified in the court rulings on this proceeding .
In addition, the Department of Land Resources of the Kyiv City State Administration (KCSA) told law enforcement officers that the Kiev Council did not make a decision to change the purpose of the above land plots. At the same time, according to the information specified in court decisions, the areas under these objects are not intended for the construction of apartment buildings. So, three plots on the street. Bolsunovskaya, 8 with a total area of 0.26 hectares are intended for “operation and maintenance of the administrative building and outbuildings,” and the site in the lane. Michurina, 29 with an area of 0.1 hectares - “for the construction and maintenance of a residential building, utility buildings and structures.”
In turn, the investigators learned from the Department of Urban Planning and Architecture of the Kyiv City State Administration that this structural unit of the capital’s mayor’s office did not provide architectural and planning assignments or urban planning conditions and restrictions (GDO) for the design of construction projects at the specified addresses. It is noted that the specified department received 11 applications for the provision of a state educational organization for the design of construction in the lane. Michurina, 29, but in all cases, those who ordered the issuance of this approval (the above-mentioned “anonymous” individual, as well as SK Atlant-Plus LLC) received refusals from officials.
In addition, the Department of State Architectural and Construction Control (GASC) under the Kyiv City State Administration informed the National Police that it did not issue or register documents that would grant the right to carry out preparatory or construction work and certify the acceptance into operation of the completed facility on the street. Bolsunovskaya, 8.
Officials of the capital municipality clarified that OC “Orsey Kiev” registered message No. KV 011200500767 on February 19, 2020 about the start of preparatory work for the “Reconstruction of a warehouse building (non-residential building) with adaptation for a residential building on the street. Bolsunovskaya (Strutinsky), 8”, but this was supposedly done “automatically”. That is, the developer simply entered a “warning about the completion of work” through the registers of the state architectural and construction control authorities - this was actually allowed by the legislation, because he assessed the class of consequences as CC1 (minor consequences, up to 4 floors). However, later, on May 21 of the same year, the Department for State Construction and Construction at the Kyiv City State Administration canceled the right to begin preparatory work at the specified address.
In addition, the National Police learned that not a single individual or legal entity entered into equity participation agreements with the Department of Economics and Investments of the Kyiv City State Administration in connection with the construction at the specified addresses. Accordingly, share funds for the creation and development of social and engineering and transport infrastructure were not transferred to the city budget, and certificates about the fulfillment by developers of the conditions of shared participation were not provided to officials of the capital's mayor's office. According to investigators, as a result of non-payment of share participation in the Struetinsky Residence residential complex, the Department of Economics and Investments of the Kyiv City State Administration suffered damages amounting to about 2.5 million hryvnia.
Law enforcement officers also established that on December 15, 2021, real estate on the street was registered under IT Corp LLC. Bolsunovskaya, 8 with a total area of 4.4 thousand sq.m. Investigators believe that this was done with the aim of legalizing an illegally constructed facility, in violation of the procedure for state registration of rights to real estate and their encumbrances, and on the basis of deliberately forged official documents.
