By decision dated 09.02.2023 in case No. 910\/10860\/21, the court satisfied the prosecutor’s appeal, canceled the decision of the Commercial Court of Kyiv dated 16.08.2021 in this case and issued a new decision, by which the claim was satisfied.<\/p>\n\n\n\n
Based on the specified court decision, the state registration of the lease right of the construction customer – Public Joint-Stock Company “ATP 13058” of the land plot at 7\/9 Kaysarova St. in the Holosiivskyi district of Kyiv was canceled, and the lease agreement for the specified land plot was terminated.<\/p>\n\n\n\n
Stroy City Capital Limited Liability Company considers it necessary to comment on the specified event.<\/p>\n\n\n\n
In July 2020, the financial company – manager replaced the developer of the Holosiivska Dolyna residential complex at 7\/9 Kaysarova 7\/9 in the Holosiivskyi district of Kyiv.<\/p>\n\n\n\n
All permits and design documentation for the construction of the residential complex were obtained by the previous developer and are currently valid.<\/p>\n\n\n\n
After the acceptance of the construction site by the new developer, more than one inspection was carried out by state control bodies, in particular during the commissioning of the 1st launch complex (sections 1-3 of the residential complex on Kaysarova St., 7\/9 (phase 1)) – certificate of readiness dated 08\/12\/2021 No. IU123210729182 issued by the State Architectural and Construction Inspectorate of Ukraine.<\/p>\n\n\n\n
It should be noted that the court in case No. 910\/10860\/21 investigated and established that the developer has permits for construction work issued by the State Architectural and Construction Inspectorate of Ukraine. These permits are valid.<\/p>\n\n\n\n
In addition, it is interesting that the dispute over the purpose of the land plot has already been resolved by the judicial authorities.<\/p>\n\n\n\n
Thus, the decision on state registration of another property right dated 01.03.2016 No. 28522642 was the subject of consideration of court case 910\/14861\/19. By the resolution of the Northern Appeal Economic Court dated 27.10.2020, the decision of the court of first instance in this case was canceled and a new one was adopted, which completely refused to satisfy the claim of the Kyiv City Council. The decision of the appellate court dated 27.10.2020 entered into force. On April 20, 2021, the Supreme Court, within the Economic Cassation Court, closed the cassation proceedings on the cassation appeal of the Kyiv City Council against the resolution of the Northern Economic Court of Appeal dated October 27, 2020 in case No. 910\/14861\/19.<\/p>\n\n\n\n
Thus, at the time of acceptance of the construction site by the new developer, the dispute about the intended purpose of the land plot was resolved.<\/p>\n\n\n\n
For reference, based on the circumstances established by the court in case 910\/10860\/21, the Kyiv City Prosecutor’s Office was aware back in March 2017 of the violation of the rights of the state, which, in its opinion, had taken place, and to protect which it filed a lawsuit in 2021.<\/p>\n\n\n\n
Based on the results of the consideration of appeals in cases 910\/10860\/21 and 910\/14861\/19, the same court of appeal made opposite decisions. Thus, a situation arises when, based on the results of the analysis of the same legal relations, the court comes to different conclusions.<\/p>\n\n\n\n
At the same time, state control bodies, as well as law enforcement agencies, have no doubts about the legality of obtaining permits for the construction of the residential complex “Holosiivska Dolyna” on Kaysarova Street 7\/9 in the Holosiivskyi district of Kyiv.<\/p>\n\n\n\n
The construction customer – Public Joint-Stock Company “ATP 13058” filed a cassation appeal with the Cassation Economic Court of the Supreme Court on March 10, 2023 against the resolution of the Northern Appeal Economic Court of February 9, 2023 in case No. 910\/10860\/21.<\/p>\n\n\n\n
At the same time, by virtue of the provisions of Articles 118, 120, 123 of the Land Code of Ukraine, the construction customer has the right to transfer to him the ownership or use of a land plot of municipal property on which a real estate object belonging to him under the right of private ownership is located. In turn, the executive body or local government body, in accordance with the powers specified in Article 122 of the Land Code of Ukraine, is obliged to transfer the land plot to the ownership or use of the purchaser of the real estate object of private ownership.<\/p>\n\n\n\n
LLC “SSK”, for its part, is making every effort to assist state authorities in clarifying controversial issues surrounding the construction of the “Holosiivska Dolyna” residential complex with the aim of resuming construction work as soon as possible and transferring already constructed apartments to investors.<\/p>\n","protected":false},"excerpt":{"rendered":"
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