The Battle for “Camp”. When will the authorities of Kyiv region and Bucha prepare the documents for the establishment of the memorial park?

The fate of preserving the green zone near Kyiv in the city of Bucha was supposed to be decided by the Kyiv Regional Economic Court on May 21. And it did… in favor of the developer, and less than a day after the hearing, on May 22 morning, the court decision appeared in the registry.

The city council announced that they would file an appeal. The Prosecutor’s Office may also file an appeal, and this should be done to protect the unique green zone.

We’re talking about the locality of “Kamp”, which the residents of Bucha defended against titushkas despite attacks and shooting. This is what the civic initiative “Needle” has already written about on the “Left Bank”.

The plan here is to build high-rises by the business partner of the former mayor of Irpin, Volodymyr Karplyuk, Anton Mironchuk (LLC “Orlan-Invest Group”).

The Bucha City Council filed a lawsuit with the Northern Appeals Economic Court to appeal the decision of the first instance, which was in favor of the developer. To strengthen positions and protect the forest, it was necessary to provide the court with evidence of the unlawful use of the land by its former tenants. And they are not so difficult to find in reality. This includes illegal tree felling under the guise of “titushkas”, documented attempts to carry out construction work despite the arrest of the site and the lack of necessary permits, as well as numerous refusals of representatives of authorities and police to access the site during illegal work.

In addition, the position of the Bucha Council in court could have been significantly strengthened if the city council had indeed voted to reserve the land as recreational land. This would have prevented the construction of high-rises, but such a decision has not yet been made. And this is despite the fact that the Bucha General Plan provides exclusively for recreational land here.

However, the Bucha City Council voted to create a memorial park at the end of 2023. Mayor of Bucha Anatoliy Fedoruk notes:

What is the position of the Bucha City Council?

Anatoliy Fedoruk

Mayor of Bucha

The Bucha City Council advocates for the inclusion of this territory in the park category. Relevant decisions have been made, and requests, as required by law, have been sent to the Kyiv Regional Council. As for the change (reservation of land designation for recreation until a project is developed and a decision is made by the regional council - ed. note), it is precisely based on the conclusions of the environmental inspection and the decision of the regional council that the Bucha City Council will finally have the long-awaited basis to put an end to this story. So that no land user or owner can act arbitrarily, against the interests of the community. The Bucha City Council will commission and provide all the necessary project documentation to the regional council.

It is worth noting that since there is approval from the relevant department of the regional administration, the city council actually has nothing preventing it from reserving this territory by its decision as recreational land. And so it will be possible to wait until the corresponding documents are prepared at the regional level. Making such a decision is solely the authority of the city government.

As for the regional council, it must vote at the session to create a memorial park. The head of the environmental commission of the regional council, Deputy Roman Titykalo (ES), supports the community’s initiative to create a memorial park here, but this issue can only come before the commission and the regional council after the necessary approvals are obtained from the Department of Ecology and Natural Resources of the Kyiv Regional Military Administration.

The head of the Kyiv Regional Military Administration, Ruslan Kravchenko, who was approached by community representatives and MPs Yulia Ovchinnikova and Olha Vasilevska-Smaglyuk, says that petitions regarding the creation of the “Kamp” garden and park art memorial have already been approved. We know that the corresponding project is already being developed.

What actions does the Regional Council take?

Ruslan Kravchenko

Head of the Kyiv Regional Military Administration,

This process should involve research institutions to confirm that the territory corresponds to the category of a garden and park art memorial park. It is also worth noting that it would be advisable for the Bucha Council to reserve this territory as recreational land, rather than residential development land, as currently reflected in the cadastre. Once the project documentation is completed, this issue can be brought to the attention of the regional council.

The oak forest in Bucha near “Kampa,” which they are trying to develop.

The composition of the panel that heard this case on appeal has changed. The new panel includes presiding judge Mykhailo Yakovlev, Yulia Mykhalska, and Yevhen Shaptala. It was these three who made the decision not in favor of preserving the green zone, but in favor of the developer.

The replacement occurred because the previous panel of judges had been on sick leave or vacation for a long time, significantly delaying the consideration of the appeal.

Recall that the judge of the first instance of the Economic Court of the Kyiv Region, Natalia Shevchuk, issued a decision requiring the Bucha City Council to lease the land with the forest to the developer. Bucha City Council has filed a complaint against her actions with the Higher Qualification Commission of Judges, and another complaint is currently being prepared by the DEJURE Foundation. They are expected to submit it in the coming days.

As for the criminal case, despite the fact that the titushky who attacked the residents of Bucha and staged shootings were caught, the organizers have not yet been held accountable.

 

Specially for “Left Bank“

The battle for Kampа. When will the Kyiv Regional Council create the park, and when will the prosecutor’s office work on the criminal case?

This is the story of how in Bucha, under the bullets of titushkas, the community saves centuries-old oaks and hornbeams. The land in the green suburb of Kyiv has always been precious, and battles have been fought for it. Among those who defended the forest here was Yura Yermolaev. He was shot during the occupation by the Russians in March 2022. Yura said: "If not me, then at least our children will have a forest or a park here."

Alina Lizunova

01.02.2024