Illegal restaurant on the banks of the Dnipro: the prosecutor’s office demands the structure be demolished
17 June 20:32
The Kyiv City Prosecutor’s Office has filed a petition with the Commercial Court demanding that obstacles to the use of a municipal land plot located along the banks of the Dnipro River be removed, according to "Komersant Ukrainian".
A restaurant was illegally built on this plot, and the prosecutor’s office is seeking to have the property registration revoked.
The Shevchenkivskyi District Prosecutor’s Office filed a lawsuit with the Kyiv Commercial Court. The case concerns a land plot of nearly 0.5 hectares located on Malozemelna Street in the Darnytskyi district of Kyiv.
The plot is valued at 33 million hryvnias and is part of Ukraine’s water fund lands.
Legal Basis
According to land and water legislation, land in the Water Fund is subject to a special usage regime that prohibits construction. A 450-square-meter building, which operates as a restaurant, is located on the plot without proper legal grounds.
The Kyiv City Council has not adopted any decisions regarding the transfer of this land plot into ownership or use. Furthermore, property rights to the plot have not been formalized in accordance with the procedure established by law.
In light of this, the prosecutor’s office is demanding that the illegal registration of ownership be revoked and the illegally constructed building be demolished.
This case is not the only one of its kind in Kyiv.
Previously, the Commercial Court of Appeals upheld the decision to demolish four residential buildings constructed on land belonging to the water fund in the “Gorbachikha” nature reserve.
The court also annulled the illegal registration of ownership rights to a building on Muromets Island, which is to be demolished.
Pursuant to a court ruling, illegally constructed cafes and other structures were removed from the “Partisan Glory” Landscape Park.