On April 16, 2021, CEE Legal Matters reported that KPD Consulting had successfully represented the community of the Vozdvyzhenka neighborhood in Kyiv in a dispute with the developer of the Podol Grad Vintage residential complex. CEE In-House Matters spoke with Tatiana Maksymenko, Project Manager of Development of the Communal Reform at Vozdvyzhenka Street Committee, to learn more about the dispute.
CEEIHM: What is the Vozdvyzhenka Street Committee and what is its mission?
Tatiana: Vozdvyzhenka Street Committee is the representative body created by the residents of Vozdvyzhenka (a part of Podil). The main tasks and activities of Vozdvyzhenka Street Committee are: (a) creating the conditions for the participation of the residents in solving issues of local importance; (b) satisfying social, cultural, household, communal, and other needs of the residents of the district, by assisting in providing them with appropriate services; and (c) participating in the implementation of programs of socio-economic and cultural development and other local programs adopted by the Kyiv City Council concerning the relevant territory of the neighborhood.
CEEIHM: What led to the dispute with the developer of the Podol Grad Vintage residential complex?
Tatiana: The construction of the Podol Grad Vintage residential complex has started right next to the school building, which is currently being reconstructed for the residents of Vozdvyzhenka and the whole of Podil. In addition, the land plot used is affiliated to the Ancient Kyiv State Historical and Architectural Reserve, which is unacceptable.
CEEIHM: What were the main arguments supporting your case?
Tatiana: Following difficult litigation, the court agreed that the procedure of issuing the land plot to the developer was not compliant with the law and entered a judgment in favor of the community. In particular, the historical and cultural purpose of the land wasn`t taken into account during the transfer of the land plot for the construction of the residential complex, and the restrictions provided in this regard were ignored. The court also took into account the affiliation of the land plot to the Ancient Kyiv State Historical and Architectural Reserve, so the land lease agreement for construction was made illegally. The Ancient Kyiv State Historical and Architectural Reserve is a complex of monuments of the historical center of Kyiv. The reserve has the status of a complex monument of urban planning, and its entire territory has the status of land of historical and cultural significance.
CEEIHM: What are your plans now, following the decision?
Tatiana: We are now preparing to hear this case by the Supreme Court. We hope that the illegal construction of the historical and cultural reserve will stop.
CEEIHM: Why did you choose KPD Consulting as your legal representative?
Tatiana: KPD Consulting is one of the best in Ukraine in real estate. KPD`s specialists in real estate reviewed building permits scrupulously, as well as checked compliance with the law by the developer, government authorities, and the Kyiv City Council. The results of the review revealed numerous and significant violations of the law. Based on this, KPD's lawyers drafted and filed claims on behalf of the community of the Vozdvyzhenka and the school next to the construction.