The Gallery Hotel and Restaurant Complex, located on the Dnieper bank in Kiev, is demanding in accordance with the decision of the Northern Appeal Commercial Court of Appeal. The owner must dismantle the self -consolidated building, and a plot of 0.5 hectares, the market value of which is 3.2 million hryvnias, will be returned to the ownership of the territorial community of the capital.
According to the Kyiv City Prosecutor's Office, the facility was built illegally within the coastal protective strip of the Dnieper at Naberezhno-Korchavatskaya, 35. The land plot belongs to the lands of the water fund, which are under special state protection. In such territories, construction is directly prohibited by law.
In the course of the investigation it was found that the owner initially built the object self -constantly, and then transferred it to the authorized capital of the company. The basis for registration of ownership was the decision of the district court, which was subsequently canceled.
In 2018, it was on the basis of this illegal construction that the owner received 0.5 hectares of water fund. Thus, the scheme of obtaining land was actually legalized due to violations of construction and land standards.
The decision of the Court of Appeal became an important precedent, which confirmed the need for strict compliance with the legislation on the protection of coastal zones and lands of the water fund.
At the time of decision, the object continued to function as a commercial institution, which, according to the prosecutor's office, violated environmental and land legislation.
