PROHIBITION FOR DEMONSTRATION

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29.08.2018
Dear Investors and residents of the neighborhood.

We are deeply annoyed by the unlawful actions of the Department of Urban Improvement and Environmental Protection of the executive body of the Kyiv City Council and the Kyiv Utility of enviromental improving Company regarding the dismantling of the temporary fencing at the 110/10 building of the building "PATRIOTYKA ON THE LAKES". Through their cynical actions, they not only showed disregard for the law, but also neglected the interests of a significant number of residents of the Darnytsky district, the supply of electricity for whom depends on the construction of the substation.

We assure that Arkada-Budivnytstvo LLC has all the legitimate grounds for establishing a temporary fencing for the period of construction work at the construction sites of the R/C "PATRIOTYKA ON THE LAKES".

In compliance with the requirements of the Kyiv City Improvement Regulations and in order to comply with the requirements of state building standards, Arkada-Budivnytstvo, in accordance with the established procedure, received control cards for the installation of a temporary fencing around the construction sites of the R /C "PATRIOTYKA ON THE LAKES".

In order to prolong the validity of control cards, the Developer submitted to the Department of Urban Improvement all the necessary documents and fulfilled all the requirements provided by the law for their continuation. However, the Department of Urban Improvement, abusing authority, did not give any response regarding the extension of the validity of control cards in due time.

As it became known, the Department of Urban Improvement, violating the norms of the current legislation, unreasonably and illegally suspended the effect of the above-mentioned control cards, referring to social tension. In this case, the Department of Urban Improvement is well aware that Clauses 15.5 and 15.5.1 of the Kyiv City Improvement Regulations do not provide for such grounds for suspension of control cards as social tension.

Also, the Department of Urban Improvement and KP "Kyivblagoustriy" knows that temporary fencing around the construction sites is established within the boundaries of the land plot, which is legally leased by the Contracting Authority and if the developer has a valid permit for the execution of works, and therefore, by virtue of Article . 26-1 of the Law on the improvement, no permits to violate the objects of improvement should not be required.

However, despite the abovementioned, aware of the unlawfulness of its actions, KP " Kyivblagoustriy"  unreasonably and in contravention of the law, dismantled the temporary fence from the construction site of the plant station 110/10 at  R/C "PATRIOTYKA ON THE LAKES".

In order to protect the violated rights, Arkada-Budivnytstvo LLC appealed to the court with a suit regarding the recognition of the actions of the Department of Urban Improvement regarding the suspension of control cards for a temporary violation of the improvement and actions of the "Kyivblagoustriy" Party regarding the dismantling of the temporary fencing at the construction site unlawful.

Also, LLC Arkada- Budivnytstvo " filed a petition for securing the claim by imposing a ban on the Department of Urban Improvement and KP" Kyivblagoustriy "to take any action aimed at dismantling the temporary fencing at the construction sites of the R/C" PATRIOTYKA ON THE LAKES ". The petition was motivated by the clear illegality of the actions of the Department of Urban Improvement and KP "Kyivblagoustriy".

After examining the petition and investigating the documents submitted, the court agreed with the arguments of Arkada- Budivnytstvo LLC and issued a Law on Securing a Claim that prohibited the Department of Urban Improvement and the KyivBlagoustriy KP to take any action aimed at dismantling the temporary fencing at the construction sites of the same R/C "PATRIOTYKA ON THE LAKES", as well as to make any preions or other administrative documents regarding the dismantling of a temporary fence on the specified construction sites.

In this case, the satisfaction of the court with the petition for the securing of the claim proves that the actions of the Department of Urban Improvement and "Kievblagoustriy" are seen signs of unlawfulness, and therefore the court in its decision obliged the said authorities, to resolve the matter in fact, refrain from acts, which violate or may violate the rights and interests of the developer.

http://www.reyestr.court.gov.ua/Review/76028239