The Exxon Premier Shuliavska service cooperative (SC) is continuing its efforts to build the high-rise multifunctional complex "50 Avenue" at 50-A Peremohy Avenue. The developer, who appears to be connected to the circle of Oksana Bilozir, the godmother of the fifth president of Ukraine, is persistently seeking to obtain urban planning conditions and restrictions (UPR) from the relevant department of the Kyiv City State Administration (KCSA) for the construction project. However, the project could occupy part of the "Glory to the Tankists" square, and it is planned to be built directly over a metro tunnel. The Kyiv City Council sees a solution to the problem in purchasing the land from the developer, while the National Police is investigating a criminal case for abuse of power and abuse of office.
As KV has learned, a hearing of the Kyiv District Administrative Court (KDC) is scheduled for May 24, 2021, on the lawsuit filed by Exxon Premier Shuliavska (*) against the Kyiv City State Administration Department of Urban Development and Architecture (case No. 640/9995/20).
As a reminder, in this case, Exxon Premier Shulyavska is attempting to compel this department to issue it urban planning conditions and restrictions (UPC) for the design of a multifunctional complex (MFC) on a 0,31-hectare plot at 50-A Pobedy Avenue (cadastral number 8000000000:88:093:0026). Since 2010, this land has been owned by Shulyavka LLC (**), and Exxon Premier Shulyavska has been using it under a superficies agreement (agreement for the right to develop the land – KV) since 2018. The plot is designated "for the construction, operation, and maintenance of a retail and office complex with a fast-food restaurant and the improvement and landscaping of a public garden." As KV reported, the Kyiv City State Administration's urban development department denied the cooperative's application for a state-owned land plot 16 times between June 2018 and April 2020. One of the reasons given was that the "multifunctional complex" the cooperative wanted to build was not the same as the "retail and office center" that could be built on that site.
The State Unitary Enterprise (GUO) is clearly needed by Exxon Premier Shulyavskaya to at least partially legalize the construction of the 50 Avenue mixed-use development. This project will likely be essentially a residential complex, as apartments (or so-called "apartments") within it are already being sold on specialized Israeli websites. This is a common practice in the capital: when the intended use of the land does not allow for residential construction, developers build mixed-use developments that, in addition to apartments, also include other facilities (shops, offices, etc.). Residents of mixed-use developments typically cannot register their residences and pay higher utility bills, as these developments are subject to commercial real estate rates.
As KV reported, according to various sources, this complex could be located practically within the "Glory to the Tankers" square and could be 24, 32, 39, or even over 50 stories tall. The future "residential complex-mixed-use complex" is planned to be built directly over the tunnel between the Shulyavska and Polytechnic Institute metro stations, which, according to the Kyiv Metropolitan Municipal Enterprise, "could lead to unpredictable man-made consequences." Furthermore, the buildings used by the V. I. Zabolotny State Scientific Library for Architecture and Civil Engineering (50 Pobedy Avenue) could be demolished to make way for the new facility. According to the Hromada.Top news agency, this hasn't been officially announced, but it's evident from the detailed site plan the developer posted on the construction fence.
Adding to the controversy surrounding this complex is the fact that OK Exxon Premier Shuliavska has virtually no construction permits—no state building permit, no declaration of commencement of construction work from the State Architectural and Construction Inspectorate, no landscaping violation card from the Kyiv City State Administration. The only basis for any activity on this site could be notification No. KV010181131195 regarding the commencement of preparatory work for the subsequent construction of a retail and office complex with a fast-food restaurant and landscaping of the public garden. This document was registered by the Department of State Architectural and Construction Control (GASK) of the Kyiv City State Administration on April 23, 2018. However, it makes no mention of a "multifunctional complex," and the client for this permit was not OK Exxon Premier Shuliavska, but the landowner, OOO Shuliavka.
According to photos on the LUN website, in March 2021, specialized equipment and people were present at the site, performing what appeared to be preparatory work for further construction or even construction work (this remains to be determined by experts – KV). On April 20, a KV correspondent also recorded equipment and workers, but they were not performing any work at the time of the photo.
The construction site at 50A Pobedy Avenue as of April 20, 2021 (photo by KV)
The reaction of the city leadership
According to KV, the Kyiv City Council's Committee on Architecture, Urban Development, and Land Relations is expected to soon consider a draft resolution on the purchase of the land plot at 50-A Peremohy Avenue for public needs (08/231-586/PR dated January 28, 2021). On March 9, 2021, the City Council's Committee on Budget and Social Economic Development supported this document. Kyiv City Council Secretary Volodymyr Bondarenko submitted this draft resolution.
As stated in the document, attempts to develop the said land plot are causing significant public outcry among Kyiv residents, as the development is partially planned within public green spaces (the "Glory to the Tankers" square – KV). Moreover, as Volodymyr Bondarenko pointed out, the development plans themselves are "unprecedented for Kyiv." The problem is that the developer, having not received the initial design data (GUO – KV) and the necessary permits to begin construction, is already selling properties in the unfinished complex. To resolve the issue, Bondarenko proposes purchasing the plot and developing it into a park.
The draft resolution proposed by Volodymyr Bondarenko stipulates that the Kyiv City State Administration's Department of Land Resources should conduct negotiations with Shuliavka LLC regarding the purchase of this plot of land for municipal ownership. Furthermore, officials from this department must ensure an expert monetary appraisal of the land to determine its value. Following this, at least one more draft resolution—approving the purchase price of the plot—should be submitted to the Kyiv City Council for consideration.
It's worth noting that this plot was municipal property until 2005, after which it was sold to Rinko LLC (***), which subsequently contributed it to the authorized capital of Shulyavka LLC, the current owner of the land. Whether the company's management will agree to return this property to the capital's community remains to be seen.
Attention of law enforcement officers
It's worth noting that law enforcement agencies became interested in the construction at 50A Peremohy Avenue back in early 2020. The materials of the corresponding investigation only became publicly available on February 8, 2021, when the Podilsky District Court of Kyiv extended the investigation to six months (the final date of the investigation was not specified – KV). Coincidentally, information about this case was made public shortly after the release of KV's investigation into this construction site and the registration of the aforementioned draft resolution with the Kyiv City Council.
According to the case materials, this relates to criminal case No. 12020100010001357, which was opened on February 11, 2020, by the Kyiv Metro Police Investigative Department. As part of the investigation, police are investigating the involvement of officials of Shuliavka LLC, Exxon Premier Shuliavska OK, Kyivskyi Metropoliten KP, and other business entities in the commission of crimes under three articles of the Criminal Code of Ukraine:
- Part 4 of Article 197-1 – unauthorized construction of buildings or structures on an illegally occupied land plot;
- Part 2 of Article 364 – abuse of power or official position, resulting in grave consequences;
- Art. 356 – arbitrariness.
Excerpt from the case materials
Law enforcement opened this case based on online media monitoring. Specifically, police were reviewing a January 10, 2020, Kyivvlast article, "Construction of a 24-story residential building has begun in 'Glory to the Tankists' Square in Shulyavka (photo)." During the investigation, law enforcement discovered that construction at 50A Peremohy Avenue was indeed being carried out without any permits. Investigators attribute a particular role to officials of the Kyiv Metropolitan Municipal Enterprise, who failed to even establish a commission to investigate this construction. Before the investigation is completed, police plan to conduct a land management review, a construction and technical assessment, a site inspection (jointly with officials from various Kyiv City State Administration departments), and more.
Who is behind this?
According to the Youcontrol analytics system, Kyiv-based Rinko LLC (the first to "privatize" the land at 50A Pobedy Avenue) was registered in October 1995. The company's director is listed as Sergei Perekrest, and the ultimate beneficiary is Viktor Slyusar (a Ukrainian citizen residing in Lithuania). Kyiv-based Shuliavka LLC (the current owner of the land) was established in June 2007. The aforementioned Viktor Slyusar is listed as the ultimate beneficiary, and the director is Nina Yankauskas.
Kyiv-based OK Exxon Premier Shuliavska (the land user and the unfortunate recipient of the state-owned enterprise) was founded in April 2017. The ultimate beneficiaries of the cooperative are listed as Ivan Vlad, a resident of the village of Bila Tserkva in the Zakarpattia Oblast; Israeli citizen Josef Moskovich, a resident of the village of Petropavlivska Borshahivka in the Kyiv Oblast; and the American company Exon Group LLC. Mykhailo Bokoch is listed as the head of OK Exxon Premier Shuliavska.
It's worth noting that Ivan Vlad and Jozef Moskovich are also listed as the ultimate beneficiaries of the Green Castle Housing Cooperative, which the Youcontrol system classifies as belonging to the "Bilozir family." The key figure in this group is Oksana Bilozir, a three-term MP, former Minister of Culture, singer, and godmother to the fifth president of Ukraine, Petro Poroshenko.
The Green Castle Housing Construction Cooperative (ZhSK) commissioned the construction of the infamous multi-apartment residential building at 2/1 Myrna Street (Kyiv's Shevchenkivskyi District), which was likely built in violation of current urban planning regulations and is known as the "Bilozir Building" and the "Green Castle" residential complex. Advertising brochures for this complex and the "50 Avenue" mixed-use development are reportedly posted on the Israeli website "Ukraine Israel Real Estate Marketing," which sells several properties in Kyiv.
Furthermore, Ivan Vlad was one of the founders of the OK "ZhSK "Platinum Hall" from November 2016 to October 2020. This cooperative is the contractor for the construction of an apartment building at 5-A Dokuchaevskaya Street (Solomensky District). Media outlets previously linked this construction project to Viktor Korol, a member of parliament of the fourth convocation.
As a reminder, Oleksandr Svistunov (pictured right) has held the position of Director of the Kyiv City State Administration's Department of Urban Development and Architecture since November 1, 2016. Since April 2, 2021, Deputy Director Valentina Pelikh has been acting Director of the Kyiv City State Administration's Department of Land Resources. From July 27, 2018, to April 1, 2021, this department was headed by the current Deputy Head of the Kyiv City State Administration, Petro Olenych.
Volodymyr Kuzmenko has headed the State Architectural and Construction Inspection Department of the Kyiv City State Administration since February 3, 2017. He is on parental leave from January 13, 2020, to August 7, 2022. During this period, Oksana Popovych, Deputy Director of the Department, has assumed the duties of Acting Director of the State Architectural and Construction Inspection Department of the Kyiv City State Administration.
Photo: collage by KV
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