Alexander Svistunov
Verkhovna Rada Deputy Oleksandr Lukashev (Opposition Platform - For Life faction) questioned the legality of the Kyiv City State Administration's Department of Urban Development and Architecture's issuance of Urban Development Conditions and Restrictions (UDR) for the construction project at 21 Dehtiarivska Street. According to the MP, the entire planned site is located within a sanitary protection zone, and construction is prohibited there, yet department officials ignored this. Lukashev believes that Oleksandr Svistunov, the director of the said department (pictured), should be held accountable for such actions.
KV learned of this from an appeal by Oleksandr Lukashev (OPZZh faction) to the Prosecutor General's Office, the National Police, and Kyiv Mayor Vitali Klitschko, which was recently published in the "Public Information" section of the Kyiv City State Administration website.
The MP reported that Kyiv residents and representatives of public organizations had contacted him regarding what they considered to be the illegal issuance by the Kyiv City State Administration's Department of Urban Development and Architecture of urban development conditions and restrictions to Khaipex LLC* for the design of an administrative building with utility and industrial premises at 21 Degtyarevska Street in Kyiv's Shevchenkivskyi District (Department Order No. 113 of February 3, 2020).
The appeal notes that the Kyiv City State Administration's Department of Urban Development and Architecture did not provide the full information on the intended use of the land plot to the State Cadastral Map. According to the State Cadastral Map, the intended use of the planned land plot, measuring 0,3084 hectares (cadastral number 8000000000:88:061:0130), is for the construction and maintenance of market infrastructure buildings (administrative buildings, office spaces, and other public buildings used for entrepreneurial and other profit-making activities). However, according to the Public Cadastral Map, in addition to this information, the plot is also designated "for the construction and maintenance of public service facilities including healthcare facilities."
Furthermore, according to Alexander Lukashev, the State Land Surveying Office failed to indicate that the land plot data in the State Geocadastre and Kyiv General Plan documents do not match. He explained that, according to the classification of land use types approved by Order No. 548 of the State Land Surveying Committee dated July 23, 2010, the plot is classified as public development land, while according to Kyiv's General Plan, it is an industrial area.
Moreover, the State Educational Institution lacks information that the entire planned site is located in a sanitary protection zone and that construction on it is prohibited.
Alexander Lukashev also reported that at the time of the issuance of the State Property Management Institution, the land plot at 21 Degtyarevskaya Street was recognized as evidence in criminal case No. 1201800000000393. According to the MP, at the time of writing his parliamentary appeal, the Dniprovsky District Court, by order No. 757/28806/18-k of April 7, 2020, had seized the said land plot, prohibiting its alienation, disposal, and use. By the same court's verdict of April 14, 2020, this land plot, along with other real estate, was transferred to state ownership. This verdict came into force on May 28, 2020.
"Based on the review of the submitted documents, the Department was obligated to make a decision and refuse Khaipex LLC's request for urban development conditions and restrictions for the design of the construction project (at 21 Degtyarevskaya Street – KV)," the parliamentarian emphasized in his address.
In light of the above, Oleksandr Lukashev asked Vitali Klitschko to initiate disciplinary proceedings and hold Oleksandr Svistunov, Director of the Kyiv City State Administration's Department of Urban Development and Architecture, accountable. He also asked the National Police to enter information regarding abuse of power and official position by officials of the Kyiv City State Administration's department into the Unified State Register of Pre-Trial Investigations and to initiate a pre-trial investigation. He also asked the Prosecutor General's Office to oversee compliance with the law during the pre-trial investigation.
As a reminder, at a meeting of the Kyiv City Council on March 5, 2019, deputies criticized Oleksandr Svistunov for issuing illegal state housing permits to developers, including those that contradicted the current General Plan. At the time, Svistunov did not answer specific questions from the deputies. He merely stated that he was a professional and did everything in accordance with the law and Kyiv City Council decisions.
On August 2, 2020, the Kyiv City Council's Commission on Law Enforcement, Law and Order, and Corruption Prevention considered possible violations of law by the leadership of the Kyiv City State Administration's Department of Urban Development and Architecture when issuing permits for the design and development of land plots in Kyiv. The commission then decided to ask the head of the Kyiv City State Administration, Vitali Klitschko, to remove Svistunov from his position. However, a month later, following a second discussion of the matter, the deputies decided to ask Klitschko to conduct an internal investigation into the possible improper performance of duties by Oleksandr Svistunov, the director of the said department.
In November 2020, Verkhovna Rada Deputy Anatoliy Burmich also raised questions about the activities of the Kyiv City State Administration's Department of Urban Development and Architecture, led by Oleksandr Svistunov. Specifically, he questioned the legality of the department's issuance of design permits for three construction projects and three reconstructions of buildings in the capital.
Oleksandr Svistunov has headed the Department of Urban Development and Architecture of the Kyiv City State Administration since November 1, 2016.
* TOV “Hypex” (EDRPOU code: 42476687)
Photo: KV
Inna Aras
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