Regarding land use issues during the construction of the Church of the Holy Trinity

23 April 2021

Information appeared in the media, according to which People's Deputy of Ukraine Volodymyr Ariev (European Solidarity faction) appealed to the Department of Urban Planning and Architecture of the Kyiv City State Administration (KSCA) with a request to explain on the basis of what documents the Church of the Holy Trinity is being built near the NSC Olimpiyskiy. He was embarrassed by the fact that, according to the public cadastral map, the land under the temple under construction is intended for the construction of a housing and office complex. In particular, the people's deputy asks to clarify on what basis the construction of the temple covers a plot with a cadastral number 8000000000:79:015:0011 with an area of 0.2 hectares, which was previously leased to the company Eugene LLC. In this regard, it is considered necessary to report the following.

In this regard, it is considered necessary to report the following:

In fact, the construction of a temple commissioned by the Religious Community of the Ukrainian Orthodox Church in honor of the Holy Trinity in the Goloseevsky district of Kyiv is currently being carried out on a single plot of 0.3822 hectares with a cadastral number of 8000000000:79:015:0018.

Purpose of this site: construction, operation and maintenance of the cultural and educational center with the Church of the Holy Trinity, office and utility rooms.

This is confirmed by the state act for the right to permanent use of the land plot Series YaYa No. 389715.

As early as March 4, 2009, a contract for the sale of a part of an unfinished construction object was concluded between Eugene LLC and the Religious Community of the Ukrainian Orthodox Church parish in honor of the Holy Trinity in the Goloseevsky district of Kyiv. According to the agreement, Eugene LLC transferred to the ownership of the religious community a part of the construction in progress, which is located on a land plot of 0.2 hectares, cadastral number 8000000000:79:015:0011.

In 2011, the Kyiv City Council adopted Decision No. 735/6122 dated July 14, 2011, which seized land plots from the use of YUGIN LLC, the list of which also included a plot with a cadastral number: 8000000000:79:015:0011.

On December 12, 2012, on the basis of the said Decision of the Kyiv City Council, the Religious Community was issued an act for the right to permanent use of a land plot of 0.3822 hectares, which already included the above-described area of ​​0.2 hectares. The land plot was provided for the construction, operation and maintenance of the cultural and educational center with the Church of the Holy Trinity, service and utility buildings.

Since that time, Eugene LLC, has not carried out any construction work on this site.

Only in 2021, Eugene LLC managed to confirm the fact of the termination of the use of Eugene LLC land plot cadastral number: 8000000000:79:015:0011 in court by the decision of the Commercial Court of the city of Kyiv in case No. 910/6883/20, which entered into force 01/14/2021.

On February 15, 2013, the Religious community was given urban planning conditions and restrictions on the construction of a cultural and educational center with a Church in honor of the Holy Trinity.

On June 2, 2015, the Religious Community was issued a relevant permit for the construction of the facility.

On March 16, 2020, in the interests of the Religious Community, a lawyer’s request was sent to the State Service of Ukraine for Geodesy, Cartography and Cadastre, stating that a non-existent land plot of communal property with cadastral number 9,000,000 was displayed in the cadastral map of Ukraine from Zhilyanskaya Street 000:79:015:0011.

The main department of the State Geocadastre in Kyiv sent a letter dated 04/02/2020 No. 18-26-0.22-1366 / 2-2- to the Kyiv City Council in order to clarify information on the compliance of statements on land plots with cadastral numbers 8,000,000,000:79: 015:0018 and 8,000,000,000:79:015:011, but the technical error has not yet been fixed.

Taking into account the foregoing, the construction of the Church of the Holy Trinity is carried out in full accordance with the law, on a site with the correct purpose.

 

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