How to Protect the Observatory Hill in Kyiv from Development?
Pavliv Square and its surroundings are one of the few green areas preserved in the historical center of Kyiv. Historians suggest that this might be the burial place of Kyivan Prince Oleg.
A private company intends to construct another high-rise building adjacent to the square. The founder of this firm is Vladimir Sivkovich, accused of treason, who served as deputy secretary of the National Security and Defense Council during the Yanukovych era.
The developer continues its attempts through legal proceedings to reinstate permits for construction and insists on invalidating the General Plan of Kyiv for this address, despite losing in the Supreme Court last year.
The fight for this square has been ongoing for over 20 years. Kyiv residents have repeatedly staged protests, collected signatures against illegal construction, and participated in legal proceedings. One of the protests was attended by film director Roman Balayan, entertainer Andriy Dzhedzhula, TV presenter Marichka Padalko, and other cultural figures.
What is the position of the Kyiv residents?
Marichka Padalko
TV presenter
It was very important for me to support the protest and speak out against this development. Pavliv Square is a peaceful place where multiple generations have grown up. That's why we were adamantly against even the smallest piece of the square being taken away from us and developed.
This area is the only natural historical and cultural landscape complex.
Photo: Renovation Map, Observatory Hill
Public activist and human rights defender Mark Zeldich explains the unique recreational potential and historical-cultural value of Observatory Hill and its slopes.
What makes Observatory Hill valuable?
Mark Zeldich
Public activist and human rights defender
This is a fragment of a historical landscape that has been preserved at least since ancient Rus times and is a historical-cultural environment from the mid-19th to the mid-20th centuries with historical planning, development, its traditional character, the atmosphere of that time, and a great richness of architectural and urban landmarks, history, and garden-park art. It has real prospects for increasing its cultural potential. Here is located the estate of academic artists Orlovsky and Pimonenko with memorial houses where they lived, which are historical landmarks. There is also the historical Pavliv Square, founded in 1905, an ancient Lutheran church with beautiful stained glass windows. In total, there are 12 structures of local significance and one of national significance.
Additionally, in close proximity is the Kyiv National Taras Shevchenko University Astronomical Observatory, which was built in the mid-19th century. This is mentioned by Natalia Voytseshchuk, the head of the permit-coordination documentation department of the Ministry of Culture, in a comment to the public initiative “Holka.”
What is known about the Kyiv Observatory?
Natalia Voytseshchuk
Head of the permit-coordination documentation department of the Ministry of Culture
The Kyiv Observatory is over 150 years old – it was built for the University of St. Volodymyr. During the construction of an additional telescope in 1860, while laying the foundations, the burial of a nobleman was uncovered. According to one version, this was the burial site of the Kyivan Prince Oleg the Prophet, hence the area received the name Oleg’s Hill. Until the 1920s, the observatory had a timekeeping service. Once a week, Kyiv officials would gather to synchronize their watches. The observatory's instruments survived the evacuation of 1941-1944, and today most of them are exhibits in the local museum of ancient astronomical instruments.
Astronomical Observatory, photo by Hennadiy Moysenko
Previously, the observatory was included in the tentative list of UNESCO World Heritage Sites, but due to the risks of development in the surrounding areas, it has not yet received this status.
According to the usage regimes of the local landmark “Observatory Hill” and the protective zone of the national landmark “Observatory,” the land where the construction of a high-rise building is planned belongs to the first subzone of the dominant natural landscape with high historical and cultural value. New construction, except for the reconstruction of existing buildings without changing their parameters, is prohibited here.
Furthermore, the construction of a high-rise building on this site could lead to damage to the adjacent landmarks.
Why is construction not allowed here?
Mark Zelditch
Public activist and human rights defender
Observatory Hill has a complex drainage system that would be destroyed by any construction. Pavlivskyi Square stands on underground streams that flow into a tributary of the Lybid River – the Skomorokh stream. Experts say this is one of the most problematic areas in Kyiv in terms of flood risk. Furthermore, constructing a high-rise building here would cause landslides and the destruction of the Kyiv University Astronomical Observatory complex.
PJSC “Vita Airline” became the owner of a non-residential property at 32-V Hoholivska Street during the tenure of Mayor Oleksandr Omelchenko. At that time, the Main Property Department of the Kyiv City State Administration (KCSA) and the municipal enterprise “Kyivzhytlospetsekspluatatsiya” signed an investment agreement with the developer for the reconstruction of the historic building. Four years later, the Kyiv City Council leased the land plot at this address to the company for 25 years.
The building that the company acquired was erected at the end of the 19th century. It is a one-story estate with an attic, built according to the design of architect A.K. Krauss.
Photo: Pre-revolutionary estate, Map of Renovation.
A year after the developer received the lease rights, a fire occurred in the building, causing it to gradually deteriorate. Today, the building is in critical condition – the roof and floors have collapsed.
According to the investment agreement, the developer was supposed to carry out the reconstruction of this wing, but instead submitted projects for new construction for approval.
At the time of the building’s purchase and the acquisition of the lease, the co-founder of PJSC “Vita Airline” was former Deputy Secretary of the National Security and Defense Council, Volodymyr Sivkovych, as reported by “Nashi Hroshi.” Since then, the beneficial owners have changed several times, and the company is currently owned by Oleksandr Baidatsky and LLC “Magnus.”
Due to active public opposition, construction could not commence for a long time. In the fall of 2010, local residents organized a large protest against the development of the square. Renowned cultural figures Balayan, Dzhedzhula, and Sumska joined the protest.
Later, Roman Balayan, Myroslav Popovych, Maksym Strikha, and other cultural figures sent a letter to the then-head of the KCSA, Oleksandr Popov, requesting a ban on any construction within the Observatory Hill area.
However, the developer carried out preparatory earthworks, cleared the area, laid reinforced concrete slabs, and removed the greenery.
Photo: Land plot allocated for construction, Map of Renovation
During inspections, representatives of the Ministry of Culture found that the developer had not obtained the necessary permits and approvals from cultural heritage protection authorities, resulting in a fine being imposed on Vita Airline.
Subsequently, the State Architectural and Construction Inspectorate revoked the construction permit, and the Kyiv City Council temporarily prohibited the use of the land until the violations were rectified. According to this decision, the developer was required to obtain new urban planning conditions and construction restrictions, a permit for earthworks, and to agree with the Ministry of Culture on a new historical and urban planning justification for the land use. However, within the allocated six-month period, the documents were not brought into compliance.
After a break of several years, Vita Airline managed to obtain a new construction permit. Following complaints from activists and then-Kyiv City Council member Olga Balytska, an investigation into the legality of issuing the urban planning conditions and restrictions for this plot was conducted. It was ultimately determined that this development contradicted Kyiv’s General Plan. As a result of the inspection, the urban planning conditions and restrictions were canceled. This also led to the annulment of the construction permit. The developer attempted to challenge this decision in court but lost in the Supreme Court.
Over the years of the struggle, activists repeatedly faced threats and persecution. Activist Alina Artyukh, who has been defending Pavlivskyi Square and Observatory Hill for many years, wrote about this:
How were activists threatened?
Alina Artyukh
Activist
The story of Sivkovych's company is quite a grim detective tale. We, as active citizens, have often felt the reverberations of this legal mirror. "You look too good for a corpse," was a "compliment" from a company lawyer, which I heard after 10 years of fatigue in response to remarks about threats to activists from company officials. Activists who attempted to dismantle the fence were harassed by thugs. Threats were sent to their email. Someone shot at the windows of one of the most active fighters for the preservation of Observatory Hill. A criminal-looking individual climbed into another activist's window with a fire ladder. And all these "coincidences" occurred at the height of the struggle.
Former Minister of Community and Territorial Development Aliona Babak also spoke about the pressure. In February 2020, during her speech in the Verkhovna Rada before the vote on her resignation, Babak stated that she had become a target due to the cancellation of construction permits for certain projects in Kyiv, including the plot on Hoholivska Street.
What did the minister say in her speech?
Aliona Babak
Former Minister of Community and Territorial Development
I also want to say to those who have started a personal battle against me in the press because of the cancellation of permits on Vylshanska, on Hoholivska, and these people will soon start construction near the Palace "Ukraine" and on Ivan Franko - my fellow Kyivans will not stand aside, they will come out against you.
Vita Airline did not give up its attempts to regain construction permits and make changes to the General Plan through legal action. The company changed its registration from Kyiv to Dnipro, allowing them to initiate legal proceedings anew.
In December of last year, the Supreme Court issued a decision that was supposed to finally settle the matter. At that time, the judges dismissed Vita Airline’s lawsuit. However, the developer filed a new version of their claims, and the case was again transferred to the Dnipro District Administrative Court.
In April, a hearing took place, after which the court closed the proceedings regarding the demands for the restoration of construction permits, while transferring the demand to declare the General Plan invalid at this address for consideration in Kyiv. Now this case will be heard by the Kyiv District Administrative Court.
Has the threat passed?
Mark Zelditch
Public activist and human rights defender
This decision can still be appealed, and most likely will be appealed by the developer in the appellate court, so we will wait. But the blitzkrieg failed. That is, they couldn't stretch it in one decision to have both the permit and the ability to start building tomorrow. But the threat has not passed, so we are not relaxing and continuing the fight in Kyiv.
Activists have repeatedly appealed to the Kyiv City Council to terminate the lease agreement, establish a historical and cultural landscape reserve, and also to purchase the historical building from the private ownership of Vita Airline.
In a comment to the public initiative “Holka,” the Secretary of the Kyiv City Council, Volodymyr Bondarenko, notes:
What are the plans of the Kyiv City Council?
Volodymyr Bondarenko
Secretary of the Kyiv City Council
As for "Vita Airline," we plan to terminate the contract. However, as for the purchase of the building, it is not feasible during the period of martial law.
Reminding you, the Kyiv City Council promised to terminate the lease agreement with LLC “Restin,” which is attempting to develop the territory of the Museum of Outstanding Ukrainian Figures, but so far, the city council deputies have not supported this issue in the session hall. It is scheduled to be reconsidered at the end of May session.
The issue of blocking the construction of Literary Square also remains unresolved.
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