Court refuses to cancel 26-storey development in Beriznyaky: conflict continues

Court refuses to cancel 26-storey development in Beriznyaky: conflict continues
Court refuses to cancel 26-storey development in Beriznyaky: conflict continues

A prolonged legal battle continues in Kyiv’s Dniprovskyi district over the development of a plot on 3 Ivan Mykolaichuk Street (formerly Seraphimovycha Street). Residents view the site as Pavlo Tychyna Square, where a 26-storey multifunctional complex (MFC) is planned. The project’s investors are believed to be business structures linked to the family of Vladyslava Molchanova.

Court rulings and procedural pause

On 16 September 2026, the Kyiv District Administrative Court (KDAS) denied the public organisation “For the Preservation of Pavlo Tychyna Square” its claim. Judge Iryna Kolesnykova ruled that the urban planning conditions and restrictions (UPCR) for the MFC design were issued lawfully, as they are based on Kyiv’s General Plan and Zoning Plan. According to the judge, the plot is located in an area where the construction of public buildings is permitted, and the status of “square” or “green zone” was not officially recorded at the time the documents were issued.

A second court case, initiated by the service cooperative “Delfin” to cancel the direct construction permit, has been suspended. On 17 November 2025, the KDAS suspended proceedings until a final decision is made in the first case regarding the UPCR. This ruling was granted upon the motion of the construction client, LLC “BK ‘Budievroservis’”, which argued that the legality of the permit depends on the validity of the urban planning conditions. The cooperative’s attempts to appeal the suspension of proceedings proved unsuccessful.

History of the land plot

The history of the conflict dates back to 2004, when the Kyiv City Council, by decision No. 183/1393, leased 0.24 hectares of land at 3 Seraphimovycha Street to the British company JSC “Savona” for the construction of an office block. The lease term was five years. However, on 31 October 2006, the city council approved the sale of this land to the same company for 3.5 million hryvnia by decision No. 211/268.

The Capital Prosecutor’s Office then challenged the leasing decision, claiming it had not been coordinated with environmental, sanitary, and architectural authorities, and lacked a land management expert assessment. However, on 16 June 2009, the Higher Commercial Court denied the law enforcement agencies’ claim.

In October 2012, the land was purchased by LLC “BK ‘Budievroservis’”. The plot remained undeveloped for approximately seven years. Only on 25 March 2020 did the Department of Urban Planning and Architecture of the Kyiv City State Administration issue UPCR for the design of an MFC with a height ranging from 26.5 to 73.5 metres (8–24 storeys). In 2021, the company received a positive expert report: the project envisaged 26 storeys, 109 apartments, 143 serviced apartments, and 100 parking spaces. On 8 September 2021, construction permit No. IU013210903861 was issued.

Arguments against the development

Public organisations emphasise the dangers of the construction. According to their data, neighbouring buildings already have defects: cracks, seal failures, facade damage, and signs of foundation settlement. Engineering and geological surveys indicate that the plot is located in the Dnipro river floodplain, where the soils are alluvial and fill, and the construction site is potentially prone to waterlogging. Experts recommend using pile foundations, which creates a risk of deformation for adjacent buildings.

«Заплавний характер ґрунтів, необхідність пальових фундаментів та виявлені дефекти існуючих стрічкових фундаментів сусідніх будинків створюють об’єктивну небезпеку масштабних деформацій і просідань прилеглої забудови. У цих умовах нове будівництво може призвести до руйнування несучих конструкцій і фактично перетворити житлові будинки на братську могилу для їхніх мешканців» (The floodplain nature of the soils, the need for pile foundations, and the detected defects in the existing strip foundations of neighbouring houses create an objective danger of large-scale deformations and subsidence of the adjacent development. Under these conditions, new construction may lead to the destruction of load-bearing structures and effectively turn residential buildings into a mass grave for their residents), – it is stated in one of the lawsuits.

The plaintiffs also point out that the square has lost its original appearance: green plantings have been destroyed, and the ecological balance has been disrupted. They claim that duplicating the address of the new residential complex (3 Ivan Mykolaichuk Street) with an existing high-rise building violates legislative requirements regarding address uniqueness. Furthermore, a gas pipeline runs through the plot, creating additional risks.

Authorities’ reaction and local conflicts

The court rejected arguments regarding environmental violations and noise, as these issues do not fall within the competence of the urban planning department. Regarding the gas pipeline, Judge Iryna Kolesnykova noted that LLC “BK ‘Budievroservis’” had already agreed on the project for its relocation with JSC “Kyivgaz”.

The local conflict intensified in autumn 2025. The public organisation “Let’s Protect Pavlo Tychyna Square” reported pressure on residents: the developer’s lawyers called on them to “sell their apartments”, and construction site security guards threatened citizens. In April this year, residents complained that during works on Palm Sunday, they were forced to walk on the roadway due to the lack of barriers. Locals also blocked the road, demanding measures to prevent damage to the gas pipe.

On 19 August, the NGO reported an attack by a group of young men on protesters. According to activists, the attackers pushed women, tore their clothes, wore masks, and had barbed wire to restrict access to the construction site.

Context: business group activities

The construction client is LLC “BK ‘Budievroservis’”, registered in 2006. Its head is Serhiy Dudka, and the founder is the Cypriot company “C.J. Stolitsa Group Limited”. The ultimate beneficiaries are listed as Ivan Molchanov (son of Vladyslava Molchanova) and three Lithuanian citizens: Maryna Pozniakova, Agne Ruzgiene, and Raimondas Tumenas. The latter are business partners of the Molchanov family and owners of the investment company “BT Invest” (the “NOVUS” chain).

Structures of “Stolitsa Group” are also building residential complexes in Vynohradar (“Varshavskyi”, “Varshavskyi-2”, etc.) on the lands of the “Pucha-Vodytsia” agro-combinate. The National Police investigated the possible illegal alienation of these lands and an attempt to drive the state enterprise into bankruptcy. Another high-profile project of the group is the “H2O” residential complex in Osokorky, where investors complain about delays and demands for additional payments, while eco-activists challenge the development in a protected landscape zone.

In May 2026, the court finally cancelled the detailed plan for the Minskyi district, which was to allow the development of 32 hectares of “Pucha-Vodytsia” land. Legal proceedings are also ongoing regarding the detailed plan for the Voskresenskyi industrial district, where JSC “Kyivmetall” (linked to Molchanova) obtained the right to build eight 26-storey buildings on an area that was previously an industrial zone. The city prosecutor’s office insists on cancelling this decision, as it contradicts the General Plan and legislation.

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