About this informed Oleksandr Tkachenko, Minister of Culture and Information Policy.
"Thanks to the efforts of the lawyers of the Ministry of Culture and Information Policy of Ukraine, the Supreme Court of Ukraine changed the legal practice that had been going on for years and issued a new decision in favor of the MKIP and the people of Kyiv. With this decision, the court confirmed the existence of the historical areas of the city of Kyiv, and therefore the need to approve urban planning documentation, obtain permits from the Ministry of Internal Affairs and Communications for construction works within them," the official explained.
It is about resolution of January 31, 2023 in the case regarding the regulation of urban development and land use. The Ministry of Culture obliged Rybalko-Company LLC and PBF GROUP LLC to stop construction works on the reconstruction of the building into a multi-apartment residential building with built-in premises, underground and surface parking, located within the historical area of the capital on the street. Marshala Rybalka, 5-A.
In March 2021, Rybalko-Company LLC and PBF GROUP LLC appealed to the District Administrative Court of the city of Kyiv with a lawsuit against the Ministry of Culture, in which they asked to declare illegal and cancel orders No. 25/2021 and No. 270 dated February 6.11.6, 271 /6.11.6, since the boundaries of the historical area of Kyiv are not approved by the Ministry of Culture as the central body of the executive power, thus the ministry allegedly has no reason to demand from the societies an opinion on project documentation and permission to perform works in accordance with the Law of Ukraine "On the Protection of Cultural Heritage".
On July 9, 2021, by the decision of the District Administrative Court of the city of Kyiv, which was left unchanged by the decision of the Sixth Appeal Administrative Court of November 17, 2021, the administrative claim was satisfied.
On December 28, 2021, a cassation appeal was filed, and already in September 2022, the case was referred to the Judicial Chamber for consideration of cases regarding the protection of social rights of the Cassation Administrative Court as part of the Supreme Court.
As a result, the court ruled that in accordance with paragraph 17 of the second part of Article 5 of the Law of Ukraine "On the Protection of Cultural Heritage", construction and any other works within the historical area of the settlement cannot be carried out without obtaining a permit from the central executive body, which implements state policy in the field of cultural heritage protection.
Therefore, the cassation appeal of the Ministry of Culture was satisfied, and the decision of the District Administrative Court of Kyiv dated July 9, 2021 and the decision of the Sixth Administrative Court of Appeal dated November 17, 2021 were canceled.
Main photo: Maksym Kozlenko
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