Construction of Chkalovskyi Square: The Supreme Court gave the green light to the developer

Construction of Chkalovskyi Square: The Supreme Court gave the green light to the developer

The Supreme Court terminated the cassation proceedings on the issue of renewing the lease agreement in Chkalovskyi Square, upholding the decision of the appellate court, which fully satisfied the developer’s claims.

This was written on Thursday, November 25, by former Kyiv City Council deputy Olha Balytska on her Facebook page.

She reminded that the developer turned to the court last year, demanding the renewal of the lease agreement despite all violations, ranging from illegal subleasing to the non-compliance with cultural heritage legislation. At the same time, the developer managed to obtain favorable decisions in both the first and appellate instances.

In response to such court decisions, the Kyiv City Council filed a cassation appeal, citing other legal positions of the Supreme Court in similar cases. The review of the appeal was suspended for almost half a year, but at the beginning of November, the Cassation Commercial Court nevertheless decided that the legal positions presented by the Kyiv City Council could not be applied, and therefore, there are no grounds for cassation appeal. This is why the cassation proceedings must be closed.

"As a result of such a ruling by the Supreme Court, the decision recognizing the lease renewal as lawful remained in force. This decision is final and not subject to appeal," Balytska summarized.

As NERUKHOMI reported, in 2005, the Kyiv City Council voted to allocate two plots of land adjacent to the square to a construction company for the erection of a high-rise. The developer fenced the territory, but construction work never began. In 2018, the plot was subleased to the company "Dilayvest", but even after that, construction did not resume. The lease term ended on May 15, 2020.

Local residents are actively opposing this construction. They believe that building close to the square will destroy part of the green spaces. As is known, Chkalovskyi Square is one of the oldest in Kyiv, located near Honchara and Kotsyubynskoho streets, and the green zone was established here almost a hundred years ago. On the site of 0.33 hectares, which is actually part of Chkalovskyi Square, a 14-story residential building with integrated premises is planned to be built. The height of the building will be approximately 56 meters. The firm "Dilayvest" is associated with a number of companies affiliated with the capital’s developer Stolitsa Group.