Legal Department
In the center of Lviv was damaged the monument during the illegal construction of the bar
On the Square Zvenygorodska in the center of Lviv PE "Perlyna Lvova" constructs café-bar. Documents for the construction were repealed, and therefore does not comply with the law. However, construction continues, and during the work has damaged the architectural sight, the facade of the neighboring house. Activists of the NGO "Community Development" achieved the opening of criminal proceedings on the fact of forgery.
THE MAIN NEWS IN THE CASE:
The appeal of the NGO "Community Development" to Galytska Police Department of Lviv opened two criminal proceedings: first, the fact of forgery of documents, on signs of the crime provided by p. 2, part 4 of article 358 of the criminal code of Ukraine, the second on the fact of unauthorized occupation of land and unauthorized construction, on the grounds of crime under part 3 article 197-1 of the criminal code of Ukraine and conducted pre-trial investigation.
THE CRUX OF THE MATTER:
On the basis of numerous references of citizens, lawyers of NGO "Community Development" conducted their own public inquiry on the legality of the construction of a café bar in the square Zvenygorodska, 4 – AV Kniazia Yaroslava Osmomysla, 3 in Lviv. And found a lot of interesting facts that ultimately become evidence for criminal proceedings.
BRIEFLY:
Object: construction of a café bar in the square Zvenygorodska, 4 – AV Kniazia Yaroslava Osmomysla, 3 in Lviv.
The customer: PE " Perlyna Lvova ";
The Department of state architectural construction inspection in Lviv region identified that the customer – PE " Perlyna Lvova " builds on the basis of the documents invalid. So, PE " Perlyna Lvova " deliberately submit a Declaration of the beginning of construction works on construction of a cafe bar in the square Zvenygorodska, 4 – AV Kniazia Yaroslava Osmomysla, 3 , Lviv, namely in item 13 "Information on urban conditions and restrictions of building land," stated the document dated on 30.03.2007, No. 428, which existence is not confirmed, and so it does not exist in nature.
In fact, the initial data for the design was the architectural-planning assignment from 26.09.2007. No. 579, which at the time of registration of the Declaration on the beginning of construction works was abrogated.
It is also established that the Positive conclusion of complex state examination on 22.12.2010, № 14-00055-09 relative to the working project of café bar in the square Zvenygorodska, 4 – AV Kniazia Yaroslava Osmomysla, 3 in Lviv, in the "Notes" are specified: 1) the period of validity of findings is established in accordance with the decree of Cabinet of Ministers dated 31.10.2007 No. 1269 for validity of initial data for designing.
Thus, a client – PE "Perlyna Lvova" in the Declaration on the beginning of construction works of specified documents, at the time of registration repealed, namely: architectural-planning assignment from 26.09.2007, No. 579; the conclusion of complex state examination of 22.12.2010, № 14-00055-09 and specified urban conditions and restrictions of building land plot on 30.03.2007, No. 428, which was not provided to the customer – PE "Perlyna Lvova".
Also on 28.10.2005, PE "Perlyna Lvova" signed a contract to lease the land for a period of 10 years, which ended in 2015.
However, PE "Perlyna Lvova"and the Contracting company "Urban management number 1" issued orders of suspension of construction works until elimination of violations.
Contrary to the law, the construction area of Zvenygorodska, 4 continues. Close to the hotel on the left (square Zvenygorodska, 3) and to a house on the right side (PL. Zvenygorodska,5) shove the new building, which walled windows. Behind this scandalous new construction house with exterior windows (AV Kniazia Yaroslava Osmomysla, 3), which are now covered from the sun. About what insolation now we can talk?
Got lucky here only hotel (PL. Zvenigorodska, 3), it, at least, goes to the new buildings in solid wall, but in a two-storey residential building on the square Zvenigorodska, 5, on this space coming out of the facade windows. Two windows on ground and second floors – walled without the consent of the residents. I would also like to mention that after the protests, the developer bought the apartments with bricked-up windows (PL. Zvenigorodska, 5).
Repeatedly went to the place of constructions working Committee of the Lviv City Council to solve the issue of the controversial development near Zvenigorodska 4, but for some reason they discuss other problem areas, not the house number 4 on the square Zvenygorodska.
Why do they get out of the walls of the town Hall? Why create working groups to solve particular problems? Just sit in your stuffy offices and from the windows watch how they ruin the historical ensemble of the city. What is there to say? Complete inactivity!
LEGAL ASPECTS OF THE CASE:
Thus, the construction of the square Zvenygorodska, 4 in Lviv carried out with gross violations, and so we went:
1) to the Director of State Architectural and Construction Inspectorate of Ukraine, in the Lviv region-Jeleh R. S.;
2) to the Department of urban planning of Lviv City Council;
3) the head of Department of Protection of Historical Environment of Lviv City Council -Onyshchenko-Shvets L. S.;
4) to the chief of General Directorate of National Police in the Lviv region-Zahariy D.D.
Separately perfomed speech at the Board meeting of the Public Council under the LCC, where voiced the scandalous facts of illegal construction near Zvenygorodska, 4 in Lviv.
THE RESULT:
Opened two criminal proceedings (part 2, part 4 of article 358, part 3 article 197-1 of the Criminal Code of Ukraine) issued the order to suspend the construction work until the elimination of violations.
However, a ruined monument of architecture – the facade of the neighboring house (PL. Zvenygorodska, 5).
The public demands to stop the illegal construction near Zvenygorodska, 4 in Lviv, bringing to justice the perpetrators and the restoration of architectural monument!
NGO "Community Development" thanks to concerned citizens-activists, who contacted and informed about the illegal construction on square Zvenygorodska, 4 in Lviv.
THE MAIN NEWS IN THE CASE:
The appeal of the NGO "Community Development" to Galytska Police Department of Lviv opened two criminal proceedings: first, the fact of forgery of documents, on signs of the crime provided by p. 2, part 4 of article 358 of the criminal code of Ukraine, the second on the fact of unauthorized occupation of land and unauthorized construction, on the grounds of crime under part 3 article 197-1 of the criminal code of Ukraine and conducted pre-trial investigation.
THE CRUX OF THE MATTER:
On the basis of numerous references of citizens, lawyers of NGO "Community Development" conducted their own public inquiry on the legality of the construction of a café bar in the square Zvenygorodska, 4 – AV Kniazia Yaroslava Osmomysla, 3 in Lviv. And found a lot of interesting facts that ultimately become evidence for criminal proceedings.
BRIEFLY:
Object: construction of a café bar in the square Zvenygorodska, 4 – AV Kniazia Yaroslava Osmomysla, 3 in Lviv.
The customer: PE " Perlyna Lvova ";
The Department of state architectural construction inspection in Lviv region identified that the customer – PE " Perlyna Lvova " builds on the basis of the documents invalid. So, PE " Perlyna Lvova " deliberately submit a Declaration of the beginning of construction works on construction of a cafe bar in the square Zvenygorodska, 4 – AV Kniazia Yaroslava Osmomysla, 3 , Lviv, namely in item 13 "Information on urban conditions and restrictions of building land," stated the document dated on 30.03.2007, No. 428, which existence is not confirmed, and so it does not exist in nature.
In fact, the initial data for the design was the architectural-planning assignment from 26.09.2007. No. 579, which at the time of registration of the Declaration on the beginning of construction works was abrogated.
It is also established that the Positive conclusion of complex state examination on 22.12.2010, № 14-00055-09 relative to the working project of café bar in the square Zvenygorodska, 4 – AV Kniazia Yaroslava Osmomysla, 3 in Lviv, in the "Notes" are specified: 1) the period of validity of findings is established in accordance with the decree of Cabinet of Ministers dated 31.10.2007 No. 1269 for validity of initial data for designing.
Thus, a client – PE "Perlyna Lvova" in the Declaration on the beginning of construction works of specified documents, at the time of registration repealed, namely: architectural-planning assignment from 26.09.2007, No. 579; the conclusion of complex state examination of 22.12.2010, № 14-00055-09 and specified urban conditions and restrictions of building land plot on 30.03.2007, No. 428, which was not provided to the customer – PE "Perlyna Lvova".
Also on 28.10.2005, PE "Perlyna Lvova" signed a contract to lease the land for a period of 10 years, which ended in 2015.
However, PE "Perlyna Lvova"and the Contracting company "Urban management number 1" issued orders of suspension of construction works until elimination of violations.
Contrary to the law, the construction area of Zvenygorodska, 4 continues. Close to the hotel on the left (square Zvenygorodska, 3) and to a house on the right side (PL. Zvenygorodska,5) shove the new building, which walled windows. Behind this scandalous new construction house with exterior windows (AV Kniazia Yaroslava Osmomysla, 3), which are now covered from the sun. About what insolation now we can talk?
Got lucky here only hotel (PL. Zvenigorodska, 3), it, at least, goes to the new buildings in solid wall, but in a two-storey residential building on the square Zvenigorodska, 5, on this space coming out of the facade windows. Two windows on ground and second floors – walled without the consent of the residents. I would also like to mention that after the protests, the developer bought the apartments with bricked-up windows (PL. Zvenigorodska, 5).
Repeatedly went to the place of constructions working Committee of the Lviv City Council to solve the issue of the controversial development near Zvenigorodska 4, but for some reason they discuss other problem areas, not the house number 4 on the square Zvenygorodska.
Why do they get out of the walls of the town Hall? Why create working groups to solve particular problems? Just sit in your stuffy offices and from the windows watch how they ruin the historical ensemble of the city. What is there to say? Complete inactivity!
LEGAL ASPECTS OF THE CASE:
Thus, the construction of the square Zvenygorodska, 4 in Lviv carried out with gross violations, and so we went:
1) to the Director of State Architectural and Construction Inspectorate of Ukraine, in the Lviv region-Jeleh R. S.;
2) to the Department of urban planning of Lviv City Council;
3) the head of Department of Protection of Historical Environment of Lviv City Council -Onyshchenko-Shvets L. S.;
4) to the chief of General Directorate of National Police in the Lviv region-Zahariy D.D.
Separately perfomed speech at the Board meeting of the Public Council under the LCC, where voiced the scandalous facts of illegal construction near Zvenygorodska, 4 in Lviv.
THE RESULT:
Opened two criminal proceedings (part 2, part 4 of article 358, part 3 article 197-1 of the Criminal Code of Ukraine) issued the order to suspend the construction work until the elimination of violations.
However, a ruined monument of architecture – the facade of the neighboring house (PL. Zvenygorodska, 5).
The public demands to stop the illegal construction near Zvenygorodska, 4 in Lviv, bringing to justice the perpetrators and the restoration of architectural monument!
NGO "Community Development" thanks to concerned citizens-activists, who contacted and informed about the illegal construction on square Zvenygorodska, 4 in Lviv.