This was announced by Minister of Culture and Information Policy Oleksandr Tkachenko.
"Thanks to the efforts of the lawyers of the Ministry of Culture and Information Policy of Ukraine, the Supreme Court of Ukraine changed the court practice that had been going on for years and issued a new decision in favor of the ICHP and Kyiv residents. By this decision, the court confirmed the existence of historical areas of Kyiv, and therefore the need to approve urban planning documentation and obtain permits from the Ministry of Culture and Information Policy for construction work within them," the official explained.
This refers to a resolution dated January 31, 2023 in a case concerning the regulation of urban development and land use. The Ministry of Culture obliged Rybalko-Company LLC and PBF GROUP LLC to stop construction work on the reconstruction of a building into an apartment building with built-in premises, underground and ground parking, located within the historical area of the capital at 5-A Marshal Rybalko Street.
In March 2021, Rybalko-Company LLC and PBF GROUP LLC filed a lawsuit against the Ministry of Culture with the Kyiv District Administrative Court, asking to declare unlawful and cancel the orders of February 25, 2021, No. 270/6.11.6 and No. 271/6.11.6, as the boundaries of the historical area of Kyiv have not been approved by the Ministry of Culture as a central executive body, so the Ministry allegedly has no grounds to require the companies to obtain a conclusion on the project documentation and a work permit in accordance with the Law of Ukraine "On the Protection of Cultural Heritage".
On July 9, 2021, the administrative claim was upheld by the decision of the District Administrative Court of Kyiv, upheld by the decision of the Sixth Administrative Court of Appeal dated November 17, 2021.
On December 28, 2021, a cassation appeal was filed, and in September 2022, the case was referred to the Judicial Chamber for the Protection of Social Rights of the Administrative Court of Cassation within the Supreme Court.
As a result, the court ruled that in accordance with paragraph 17 of part two of Article 5 of the Law of Ukraine "On Protection of Cultural Heritage", construction and any other work within the historical area of a settlement cannot be carried out without obtaining a permit from the central executive body that implements state policy in the field of cultural heritage protection.
Thus, the cassation appeal of the Ministry of Culture was granted, and the decision of the Kyiv District Administrative Court of July 9, 2021, and the decision of the Sixth Administrative Court of Appeal of November 17, 2021, were canceled.
Photo on the main page: Maksym Kozlenko
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