The Prosecutor's Office of Odessa Oblast warned against illegal construction near Mykhailivska Square in Odessa on a land plot valued at 65 million UAH. This was reported by the press service of the office.
The Economic Court of Odessa Oblast granted the claim of the Malynivska District Prosecutor's Office of Odessa regarding the return of a 0.5-hectare land plot worth 65 million UAH to the territorial community of the city.
In court, prosecutors proved that the land was leased by the Odessa City Council for construction in a non-competitive manner, contrary to legal requirements. Specifically, the company was not entitled to receive a significantly smaller plot, which was only necessary for servicing real estate objects located on it.
Moreover, for the construction of a new real estate object, the land could only have been provided for use through an auction.
In addition, the municipal council handed over the land plot, which partly includes lands of the nature reserve restricted use fund, to the enterprise for designing, construction, and maintenance of a complex of multistory residential buildings with an underground parking lot and built-in premises. However, current legislation regulating the use of the natural monument strictly prohibits construction on the surface of the natural monument, any structures or buildings, or any activities that violate geological formations, such as laying engineering communications, drilling, etc.
Thus, the provision of the disputed land plot for the specific purpose of constructing a multi-apartment building, moreover, with an underground parking lot, directly contradicts the requirements of the law and the functioning regime of the natural monument.
The court agreed with the prosecutor's arguments, annulled the decision of the city council, declared the lease agreement invalid, and obliged the company to return the land plot to the territorial community of Odessa.
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