The scandalous deal with KSM to build a botanical garden is still alive: NAS and KMWA cannot terminate the contract
5 August 2025 18:21
The scandalous investment agreement on the development of the territory of the Hryshko National Botanical Garden remains in force, despite public promises to terminate it. This was reported by journalists of the public organization Chesno, "Komersant Ukrainian" reports.
The National Academy of Sciences of Ukraine, the Kyiv City Military Administration, and the botanical garden’s management had previously publicly announced their intention to terminate cooperation with the developer. However, as of August 2025, the contract has not been canceled, and no progress has been made in the legal termination of the agreement.
The National Academy of Sciences (NAS) emphasizes that they have completed all the necessary formalities, but it is the developer who, according to them, is deliberately delaying the process. At the same time, a number of experts and activists point out that the presence of an influential lobby on the part of the developer may make it difficult to terminate the contract or turn it into a lengthy legal battle.
Hryshko botanical garden construction: what is known about the case
The investment agreement was signed in 2018 between the botanical garden and the developer KSM-Group, which is controlled by brothers Serhiy and Arseniy Kopystyr and their father Mykola Kopystyr. According to LB.ua’s sources, the company’s orbit also includes other relatives, including Maksym Makarenko, Mykola Kopystyr’s stepson. He holds senior positions in related structures and is also a member of the Kyiv City Council from the UDAR faction, which supports the current mayor. In the city council, Makarenko is a member of the commission on urban planning, architecture and land use.
The agreement provided for the improvement of the botanical garden’s economic zone, but also contained provisions for the future construction of residential and non-residential facilities, some of which the botanical garden was to take ownership of. Based on the agreement, the garden has already received goods and services worth UAH 2.6 million. In 2022, KSM-Group applied to the Kyiv City State Administration to obtain urban planning conditions, but received an official refusal, which effectively blocked the implementation of the construction project in this area.
The situation became publicized after public statements by the Kyiv authorities about the need for government intervention to resolve the conflict. Vitali Klitschko appealed to the Cabinet of Ministers to stop the potential construction. The KCSA announced its intention to formally appeal to the National Academy of Sciences and the Botanical Garden to terminate the agreement.
According to specialized experts, the market value of land within the Pechersk district of Kyiv, where the botanical garden is located, is between 20 and 30 thousand USD per hundred square meters. This creates obvious risks of commercial interest, especially in the context of limited control and unclear lines of authority between different levels of government.
The situation around the Kyiv Botanical Garden is as follows:
- the contract with the investor-developer has not yet been terminated;
- there is another party to the contract that has already invested money under its terms and can legally challenge the termination in court;
- the developer has lobbyists in various government agencies;
- only the publication of information and public outcry forced the NAS and the botanical garden to address this issue.
Moreover, the Academy of Sciences has already found the “culprit”: according to the NAS, the Kyiv authorities may be the beneficiary of the scandal. In its final statement, the NAS notes that this is yet another attempt to turn the botanical garden into a regular recreation park. And there are indeed grounds for this: at the beginning of his term, in 2017, Vitali Klitschko called for the transfer of the Hryshko National Botanical Garden to the city, which would make landscaping and paths there, like in Natalka Park. And in 2018, the botanical garden found an investor, KSM-Group, and the city suddenly stopped promoting its initiative, which it has now recalled.
Read also: The contract for the development of Hryshko Botanical Garden will be terminated – KCIA
“Land wars” between utilities and the botanical garden continue
At the same time, another legal dispute between the Pechersk district greenery maintenance utility and the botanical garden over a 0.72-hectare plot at 61 Zaliznychne Shosse Street is ongoing. The city council transferred it to the utility back in 2003, but the botanical garden continues to use the land, citing more than 50 years of actual care of the area.
According to Censor.NET, almost half of the plot is currently separated by the Botanical Garden’s metal fence, which was installed there in the early 80s. The utility company demands that the fence be moved and the areas transferred by the Kyiv City Council be freed up. The botanical garden refuses to do so, claiming that it has been taking care of the land for more than 50 years and that it grows valuable introduced plants that need protection. The court considering their dispute has already entered the second round.
What is known about the developer who has his eye on the land in the Hryshko Botanical Garden?
Founded in 1997, KSM-Group positions itself as an engineering and construction holding company with more than 860 qualified employees. The company has implemented large-scale projects: residential complexes in Kyiv, infrastructure facilities (sewage and water supply systems), office and cultural and entertainment centers. The company’s portfolio includes Kryshtalevi Dzherela, Feofaniya City, Avenue 42, Dniprovskyi, and other projects in Teremky in the capital.
KSM-Group is controlled by brothers Sergiy and Arseniy Kopystyr, as well as their father Mykola Kopystyr. Formally, the management is initialled through relatives. For example, the Kopystyr cousins, who own the main authorized capital, or Kyiv City Council member Maksym Makarenko, who is associated with the group and is involved in urban planning.
Read also: Hryshko Botanical Garden denies statements about residential development
In turn, the NABU and SAPO accuse Serhiy Kopystyrya of trying to bribe Deputy Prime Minister of Infrastructure Oleksandr Kubrakov. According to the investigation, he offered more than 5,200 square meters of real estate in KSM-Group’s new buildings in exchange for not amending the contracts and for assistance in obtaining permits. The Anti-Corruption Court imposed a measure of restraint on the developer – detention with an alternative bail of UAH 100 million.
KSM-Group was involved in several scandalous transactions with land of the National Academy of Sciences of Ukraine, in particular in Feofaniya: for the development of scientific plots, although it was officially stated that it was an investment project, not residential development. The audit revealed that the National Academy of Sciences transferred more than 116 hectares of land to private developers, including KSM-Group, allegedly violating the environmental status of the territories.
What business audiences should know about KSM-Group:
- the company has a solid project and construction portfolio, but at the same time, it is constantly involved in legal and political disputes;
- activists insist that KSM-Group does not have the best reputation due to possible ties to the authorities, corruption suspicions, and criminal proceedings;
- the deal on Hryshko Botanical Gardens demonstrates potential threats to the most valuable locations in the capital and a conflict of interest between government agencies and businesses.
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