Having illegally acquired three hectares of land for a water sports complex in Druzhby Narodov Park, the entrepreneurs from Primatel LLC ignored the water protection zone and built a yacht club and restaurant without wastewater treatment facilities. A pontoon and a pier were installed there without any registration, and a person has already died on them. Now, an airstrip is being rapidly built there.
KV learned of this from an appeal by the head of the Kyiv City Council budget committee, Andriy Strannikov (co-chairman of the Solidarity faction), to the head of the Kyiv City State Administration (KCSA), Vitali Klitschko (Read more: Vitali Klitschko: The Dark Past of the "Looking Tomorrow") from August 3, 2016.
Attached to the appeal is a letter from Pyotr Golovatenko, Director of Kyivrechservice PJSC, listing gross violations of environmental, sanitary and epidemiological, water, and land laws, as well as existing fire and industrial safety regulations, committed by Primatel LLC. In this regard, Andrey Strannikov requests that Vitali Klitschko verify the facts.
By paragraph 56 of the Kyiv City Council decision No. 31/905 of September 25, 2003, four land plots in the Druzhby Narodov Park with a total area of 3,13 hectares (Chartory tract, Desnyansky district) were confiscated from the Kyivzelenbud public utility company.
two plots of 0,47 hectares each within the coastal protective strips;
two plots of 0,52 hectares each for long-term lease.
The cadastral numbers of the plots are 8000000000:62:206:0008, 8000000000:62:206:0009, 8000000000:62:206:0010, and 8000000000:62:206:0011. The total value of this land at that time was 28,1 million hryvnias, and the market value was 94 million hryvnias.
The plots were leased to Primatel LLC: 0,47 hectares each for ten years, and 0,52 hectares each for 25 years. The purpose of the lease is the construction, operation, and maintenance of a water sports complex.
Clause 56.1.1 of Kyiv City Council Resolution No. 31/905 of September 25, 2003, stipulated that Primatel LLC fulfill its land user obligations in accordance with Article 96 of the Land Code. This prohibits the use of the transferred land plots for capital development.
According to Petro Golovatenko, head of Kyivrechservice PJSC, by making this decision, the Kyiv City Council violated the requirements of Part 4 of Article 83 of the Land Code, which states that "municipal lands that cannot be transferred to private ownership include: lands for common use in populated areas (squares, streets, driveways, roads, embankments, beaches, parks, squares, boulevards, etc.)."
In response, in early 2013, the city prosecutor's office filed a lawsuit against the Kyiv City Council and Primatel LLC, demanding that the city council's decision be declared invalid and the lease agreements terminated. Initially, the court sided with the prosecutor's office: it reinstated the statute of limitations (violations were only discovered during a direct inspection in January 2013), recognized the city council's lack of authority to dispose of the disputed land, and confirmed the absence of land allocations and approvals from several authorities—the land is located within a protected landscape zone, yet the projects had not been reviewed by the Main Directorate for Cultural Heritage Protection and Restoration Works.
But after several rounds of appeals and cassation, the prosecutor's office lost the case.
According to Kyivrechservice, a yacht club and restaurant were already operating on the land leased by Primatel LLC in July 2016, without wastewater treatment facilities, which is unacceptable in coastal protection zones. Drinking water for the yacht club and restaurant is illegally extracted from artesian wells.
The yacht club itself operates without a mooring base certificate. For the 2016 navigation season, it was not registered with the State Transport Safety Service and did not receive operating permission from the Shipping Register. The yacht club uses pontoons that have not undergone technical inspection and do not have operating permission from the Shipping Register.
Furthermore, Primatel LLC built a dock, which is a hydraulic structure and must be registered with the Shipping Register and the State Transport Safety Service. However, this dock is being operated without permits and poses a safety hazard.
As a result, a person died in Primatel LLC's area of responsibility on June 25, 2016. However, prosecutors are slow to investigate the incident.
The public and business owners have repeatedly informed Kyiv's executive authorities and the Department of Architectural and Construction Supervision about the illegal construction work carried out by Primatel LLC, which violated safety regulations. However, no effective action has been taken against the violators.
To top it all off, according to Kyivrechservice PJSC, Primatel LLC is currently actively constructing a runway on the leased territory.
At the time the land was acquired, Primatel was owned by the London-based Chancery Management Productions Limited and the family of Volodymyr Lashkul (pictured right). Volodymyr Lashkul is currently the vice president of the Football Federation of Ukraine, and his son, Serhiy, is a member of the Kyiv-Svyatoshinsky District Council and vice president of the Tennis Federation.
In 2008, the company “Primatel” was transferred to Andriy Shpyg, the son of a former MP from NU-NS Fedor Shpyg (pictured left), as well as LLC “IA “Vilna Ukraina”, in which the Shpyg family and his partners in the Yagotyn dairy plant hold the majority stake.
Since 2015, the company has been registered to a certain Bohdan Motrich from the village of Verkhniy Koropets in the Zakarpattia region. The director of Primatel is Elena Dobrovolskaya, known as the head of the Lashkulovs' companies: TCF - Marine Club of Ukraine LLC, Sunseeker Yachts in Ukraine LLC, and Ukrainian Tennis Center LLC.
Read more: Vitali Klitschko: The Dark Past of the "Looking Tomorrow"
Alexander Evdokimov
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