Kyiv Administrative Court of Appeal recognized the legitimacy of the deputies Kotsyubyns'kogo village council, who decided to expand the boundaries of the settlement due to adjacent forest areas and to change their intended purpose, allowing the forest to build a residential real estate.
This decision was another milestone in the conflict over disputed territory continued for many years between the capital and the region, writes Business Capital.
Beginning of land conflict in Kotsyubinskoe was laid in September 2008 then township deputies agreed position of long-term development of settlement, developed by the utility "Irpin land cadastral offices.
This document assumes the construction in the Green Zone, located between the village and the capital Palladin Prospect, five new quarters houses. As a result, situation was the basis of the general plan of settlement, the deputies decided to change the purpose of the forest lands on the reserve lands and housing development.
Given that the purpose of forest areas can not be changed without the permission of the Cabinet of Ministers (Cabinet of Ministers decree № 610-p), this decision was challenged by prosecutors Irpin. However Kotsyubinskoe MPs rejected the protests and in 2009 handed the state acts on the ground, in connection with the prosecutor appealed to the Irpen City Court to recognize the changing purpose of forest land invalid. However, Themis has decided not to in favor of the complainant, and recently supported her and the Kyiv Administrative Court of Appeal.
"At the same time from August 2009 to July of this year, Attorney Irpin was sent to city court 14 lawsuits to Kotsyubinskoe village council and the same - to individuals to recognize the state certificate issued by the void. One of them we won, and the remaining applications are being considered, "- said the deputy prosecutor of the Kiev region, Vadim Lastovka.
Most interestingly, also believes that the capital of this land their own territory. As told to "DS" members of the Land Commission Kyivrada Tatiana Melihova, in August last year, the commission requested the GU land KSCA address to the General Prosecutor's Office to find out what right Kotsyubinskoe Deputies distribute Kiev forest.
"Settlement of gradually bite areas of the capital. According to my information, some of Zhukov island had already passed under the control of regional authorities. Was no exception and the village Kotsyubinskoe. He has long enjoyed the Kiev communications, contents of which is funded from the capital's coffers. And now also assumed the border with the city of the territory "- angered by Adviser to the Mayor of Kiev on land issues, Alexander Lutsky.
As already reported, "DS", such conflicts between the capital and the region appear punctually. Last scandal erupted earlier this summer, when the deputy Kyivrada Alexander Pabat accused the Brovarsky area of stealing about 200 hectares of the island of the Dnieper Muromets Brovarskyi district administration handed out hundreds of residents of Mykolaiv, Poltava and Chernihiv.
The stumbling block in relations between capital and the region remains an island Great (Vyshgorod district considers it her), the island Zhukov (part owned by Kiev, and some - Kozinskaya village council), as well as the village Troyeshchyna, Chapaevka, Pirogov and Bortnichi.
Lawyers explain that the cause of these conflicts - the absence of the Verkhovna Rada approved the boundaries of settlements and regions. "Even in Soviet times, part of the region planned to transfer to Kiev. Relevant decisions are often already been accepted as the capital and district councils.
But, to change the boundaries of the settlement, the officials wanted to enlist the support of the Supreme Council, which on some issues and has not made its verdict. This led to disputes between the parties, each of which presents its rights to certain territories, "- explains the managing partner of Sokolov and Partners Vladislav Sokolov.
Representatives of the Kyiv Regional Council and the Governor declined to comment on the situation, taking the position of observers. Inaccessible to journalists, "DS" and was the head of the village council Kotsyubyns'kogo Vadim Sadovsky. But, apparently, the conflicting parties do not intend to give up.
Vadim Lastovka said that his office plans to appeal the decision of the Court of Appeal to a higher authority. The deputies of Kyiv City Council promised to make a request to the Prosecutor General. A deputy Kotsyubyns'kogo soviet Vladimir Zharkov says that at the next session will be put to a vote the question of distribution of 4 thousand hectares of forest Kiev commercial structures.
"Under what goals will be to identify these areas - a big mystery. To prevent this process, I offered to provide the status of the forest nature reserve, which would have guarded the state. But MPs refused to support this initiative and do not even have the issue to a vote "- he said.
Alexander Lutsky, Advisor to the Mayor of Kiev on land issues
The decision to allocate forest Kotsyubyns'kogo under construction is not only contrary to law, but also to significantly worsen the ecological situation in the capital. Indeed, to date, Kiev surrounded by forest, which cleans the city from the harmful emissions and actually it is "easy".
You can put up with the logging for the implementation of national programs, such as organization of the cemetery, building a road or bridge. But I do not understand how you can cut down a forest to build houses?
Vladimir Stepenko, Marketing Director, SV Development
While the value of holdings in Kotsyubinskoe now exceeds $ 4.5 thousand sq.m., to sell them exhibited very little.
If, in the allotted for building forest sites will summarize all the necessary communications and pave the way, their attraction grows, and the cost could reach $ 15-20 thousand per hundred square meters.
After all, this land is closely adjacent to the ring road, Kiev (prosp. Palladin), and the presence of pine trees only increases its price.