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Why it's illegal to build around the lakes
Brief legal position and reference to violated laws
Here are gross violations of laws and procedures that have led to problems with the "Patriotika na Ozerakh" residential complex in southern Osokorky. These aspects and details are part of investigations and lawsuits against companies close to the developer.
Violations in the development and approval of the Detailed Plan of the territory (DPT)
The detailed plan of Osokorky territory of the district (DPT) under which the developer is acting was approved on November 27, 2009.

Information on this DPT is available at the link: http://kga.gov.ua/detalni-plani-teritoriji/11-ofitsijni-dokumenti/1196-detalnij-plan-teritoriji-rajonu-osokorki

Voting for adopting this DPT took place under some strange circumstances and, most likely, was falsified: https://www.facebook.com/viktor.zahorulko/posts/1135285796574808

In turn, this DPT was created based on the draft General Layout 2025, which the Kyiv Council did not approve.
A Detailed Plan of the Territory contradicts the current General Layout of Kyiv city 2020
According to the current General Layout 2020, there should be a large park zone on the territory between the lakes Martyshiv, Nebrezh and Tiahle.

The draft General Layout 2025 was prepared at the time of Mayor Chernovetskyi for the actual legalization of illegal construction and illegally allotted land plots.

Osokorky Wetland park plan (left) vs DPT developer plans (right)
Violation of the DPT development procedure
From the received copy of the obligatory Examination of DPT, it is seen that it was carried out by the State enterprise research and design institute of town-planning "NDPI Urban planning" (in ukr. «НДПІ Містобудування»). It is determined that the authority to conduct the Examination is certified by the License series AB №117955. But the license of the series AB №117955 with the type of construction activity does not allow to carry out the Examination of urban planning documentation!
Falsification at public hearings to discuss DPT
Before the Kyiv City Council voted on the DPT's approval, its public hearings were to occur, but they were not held in reality. At the above-mentioned public hearings on December 18, 2007, none of the participants in any way raised the issue of discussing DPT.

The questions about the plans for reconstructing the Bortnytsia aeration station and the Energy incinerator's possible closure were voiced and discussed. In fact, during the registration of the public hearings' minutes, the documents were falsified and forged.

(Witnesses of public hearings were found, reports of a criminal offense were registered in the ERDR).
Violations in the approval of DPT in the Kyiv City Council
According to the law, the detailed plan of the territory is approved by the Kyiv City Council at a vote. There must be a discussion at the plenary session of the draft decision and its adoption by most deputies.

However, on the agenda of the plenary session of the IV session of the Kyiv City Council of the VI convocation on November 27, 2009, there was no issue of consideration of the draft decision on approval of the DPT of Osokorky district in Darnytskyi district of Kyiv.

According to the transcript of the meeting, the decision to approve the DPT was taken at 02-47 am after it was put to the vote "by vote," there was no report on this issue, and the draft decision was adopted without any discussion.

The deputies present have not seen the draft decision itself and have not studied it.
Violations of urban planning terms and restrictions and the Water Code of Ukraine standards
In the autumn of 2017, on the shore of Nebrezh lake, 40 meters from the water surface, construction of 110/10 kW transformer substation was started to supply electric power to future buildings.

The construction of this 110/10 kW substation grossly violates the town-planning conditions and restrictions, and provisions of the Water Code of Ukraine.

What exact procedures were violated

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According to the document “Urban planning conditions and restrictions on the development of land plot number 151/14/12/009-14 dated 16.07.2014” issued by the Department of Urban Development and Architecture, “Kontaktbudservice,” LLC must adhere to the following provisions:

– to ensure the implementation of the Water Code of Ukraine (coastal-protective lane of Nebrezh lake),

– land plots which, according to the current urban planning documentation, fall into the general-purpose territory of green public landscapes, shall be used for landscaping without the right of development,

– when developing a design, to take into account the 50-meter coastal-protective lane of Nebrezh lake, to provide equipment for the common use park for inhabitants of residential neighborhoods within the limits of the lake coastal protective lane and on the adjacent territory, to implement the measures for the improvement of Nebrezh lake territory, to create a public space park zone around it, according to the layout scheme of Osokorky district.

According to Article 89 of the Water Code of Ukraine, it is prohibited to erect any structures in the coastal protective lane, except for structures of hydro-technical or navigation purpose, hydro-metric and linear structures.

According to Article 88 of the Water Code of Ukraine, the coastal protective lane constitutes 50 meters for medium rivers, reservoirs on them, and ponds with an area of more than 3 hectares. If the slopes' steepness exceeds three degrees, then the minimum width of the coastal protective lane shall be doubled.
The slopes of Nebrezh lake are about 30 degrees, and respectively, its coastal protective lane is 100 meters.
Also, the developer should have a project for conducting works on the water fund lands, which should contain a section on the assessment of the impact on the natural environment, approved by the Ministry of Environment, the State Agency of Water Resources, and the State Service of Geology and Mineral Resources.

Considering the above, the construction of this 110/10 kW substation severely violates the urban planning terms and restrictions and the provisions of the Water Code of Ukraine.
Violation of the protected landscape zone
On the scheme of the boundaries of the protected landscape zones in the city of Kyiv, it is clearly seen that the area around Martyshiv, Nebrezh and Tiahle lakes is included in this zone.

According to Kyiv City State Administration Order No. 979 dated 17.05.2002 (http://kga.gov.ua/dp.kga.gov.ua/images/files/2_RKMDA_979.pdf), it is prohibited to carry out earthworks, construction work in this area without permission of the Administration for historical, cultural, and environmental monuments protection. The developer does not have this document.
Violation of land allotment procedure
In 2005, during city Mayor O.O. Omelchenko, “Kontaktbudservice” LLC received a long-term lease of 5 land plots with a total area of 176.5 hectares, located south of Kolektorna Street. The land allotment procedure took place with severe violations:
What exact procedures were violated
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  1. In violation of Clause 3 of Article 123 of the Land Code of Ukraine, “Kontaktbudservice” LLC filed a petition to the city Mayor O.O. Omelchenko for granting a permit for the allotment of land. At the same time, it was necessary to file the relevant petition to Kyiv City Council.
  2. In violation of Clause 5 of Art. 123, Clause 7 of Art.118 of the Land Code of Ukraine, “Kontaktbudservice” LLC did not obtain the consent of Kyiv City Council to develop a draft land plot allotment. The consent for developing a draft land plot allotment, given Kyiv City Head in response to petition No. К-4262 dated April 15, 2005, cannot be an acceptable and proper ground for drafting a land plot allotment since the decision of Kyiv Council No. 512/672 dated 26.06.2003 conflicts with the requirements of Clause 5 of Article 123, Clause 7 of Art.118 of the Land Code of Ukraine.
  3. In violation of Article 19 of the Constitution of Ukraine (state authorities and local self-governing authorities, their officials are obliged to act only on the basis, within the limits of powers and in the manner provided by the Constitution and laws of Ukraine), the mayor of Kyiv has gone beyond the powers granted and has given his consent to develop a draft land plot. For these reasons, we can assume that all subsequent legal actions of “Kontaktbudservice,” LLC and Kyiv City Council, which are aimed at the registration of the right to use land plots, are insignificant and cannot have any legal consequences, except for the consequences associated with such insignificance.
  4. In violation of Clause 9 Art. 118, Clause 6 Article 123 of the Land Code of Ukraine, “Kontaktbudservice,” LLC did not agree to the draft land allotment with the land resources authority, environmental protection sanitary-epidemiological authorities, architectural and cultural heritage protection authorities. Following the Conclusion No. 19-5345 dated July 5, 2005 (under a commission No. 12265 dated 13.04.2005, No. Д-1145 dated 17.05.2005) regarding the use of the land plot, prescribed urban planning restrictions and the terms to be taken into account when approving the draft land allocation located at the address: the municipality of Osokorky-Tsentralni (micro-districts 1,2,3,4,5,6), Darnytskyi district of Kyiv city, part of the land plot, according to the Program of Kyiv city green zone integrated development until the year 2010 and the concept of landscaped areas formation in the central part of the city, developed by OJSC “Kyiv project” SE “Kyivhenplan Institute,” refers to the territory reserved for the creation of general use landscaped orderly territory (a park in the residential area Osokorky-Tsentralni). Based on the positive conclusion of the Standing Committee on Urban Development and Land Use No. К-4262 dated 12.05.2005, the applicant received the consent of Kyiv City Head No. Д-1145 dated 17.05.2005 for the development of a draft land allotment for development. It is obligatory to foresee the park area's creation in the northern part of the park zone plot around Tiahle lake. It has been determined that the Main Department of Urban Development, Architecture and Urban Environment Design does not deny (it was necessary to indicate “agrees”) the land allotment under the procedure established by law. Besides, from this Opinion, it is seen that, in breach of Article 19 of the Constitution of Ukraine, having gone beyond the bounds of authority, the Conclusion of the Main Department of Urban Development, Architecture and Urban Environment Design No. 19-4554 dated 06.06.2005 has been deemed to become null and void.
  5. Letters of the State Department of Ecology and Natural Resources in Kyiv city No. 06-6-75/2673 dated 30.06.2005, the Department of Environmental Protection No. 071/04-4-19/2328 dated 23.05.2005, the Main Administration of Culture, Arts and Cultural Heritage Protection No. 001-09/2730 dated 19.05.2005, Darnytskyi District Council in Kyiv City No. 669 dated 19.05.2005 cannot be considered as concluding agreements, as the mentioned letters indicate that the said authorities do not object to the land plot allotment instead of indicating that they agree to the land plots allotment. The conclusion of Kyiv City Main Administration of Land Resources No. 09-02-4/1807 dated 04.07.2005 is also not a valid and permissible agreement in the sense of Clause 9 Article 118 of the Land Code of Ukraine, as there is no indication of approval.
  6. In violation of Part 1, Article 122, parts 1, 3, Article 123 of the Land Code of Ukraine, the Kyiv City Council decided to transfer the land plots to “Kontaktbudservice” LLC without a proper and admissible draft land allotment.
  7. In violation of Articles 116,118,123,124 of the Land Code of Ukraine, Article 19 of the Constitution of Ukraine, Kyiv City Council decided to transfer land plots 2, 6 of “Osokorky-Tsentralni” micro-district to “Kontaktbudservice” LLC without the withdrawal of the said land plots from the Joint-Stock Company “Holding “Kyivmiskbud Company,” which possessed said land plots under the leased right until 26.10.2007 (sheet 14 of the Project is evidence of this).
Additional Information
“Kontaktbudservice” LLC is a company with an authorized capital of 20 thousand hryvnias. Its owners at the time of land allotment are the People’s Deputies of Ukraine Oleksandr Vilenovych Chornovolenko and Viacheslav Stanislavovych Koval.

“Kontaktbudservice” LLC actually represents one of the developer “Arkada” bank building companies.

Liudmyla Oleksandrivna Zakrevska, the wife of Oleksandr Vilenovych Chornovolenko (owner), at the time of land allotment, was the Deputy Chairman of the Standing Commission of Kyiv City Council on Urban Development, Architecture and Land Use at Kyiv City State Administration.

This fact was discovered and confirmed by the investigation of journalists of the Slidstvo.info project and published on the website of the Chesno project:
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