Kyiv residents protested, criminal proceedings were opened

On the evening of July 19, in Kyiv, unknown persons with the help of heavy construction equipment demolished a house built at the end of the 19th century — known as the Zelenskih manor or the Malinin manor. Criminal proceedings have been opened for this fact.

The Zelensky manor

The Malinin estate, or the Zelensky estate, is a two-story building in Kyiv, located at Oleksandr Konyskyi (formerly Turgenevska), 22. The estate was built in 1890 from wood and bricked to the order of merchant Vasyl Malinin. The manor became famous due to the fact that in the period from 1911 to 1915, a family of wealthy Zelenskyi burghers lived here. This is one of the oldest buildings on Konyskyi Street and the last wooden building on the street. It is included in the “List of historical buildings in need of additional protection”.

Criminal proceedings

As are reported in the Office of the Prosecutor General, in January 2024, as part of criminal proceedings initiated on the fact of intentional illegal destruction, destruction or damage to objects of cultural heritage (Part 2 of Article 298 of the Criminal Code of Ukraine), at the request of the prosecutors, an arrest was imposed with a ban on use, order and alienation.

The prosecutors asked for the arrest because, according to the General Plan of the city of Kyiv, this area is part of the historical area of ​​the capital. Construction work requires permission from the Ministry of Culture and Information Policy of Ukraine.

Despite this, for a long time, construction works were carried out there, namely capital construction, during which intentional illegal destruction, destruction or damage of cultural heritage objects is possible. Construction work was carried out without the appropriate approval of the Ministry of Culture and Information Policy of Ukraine. Therefore, in connection with the seizure of the building, all work had to be stopped.

Demolition of the estate

As reported in the Kyiv police, on the evening of July 9, they received a message that unknown persons demolished a house built at the end of the 19th century with the help of heavy construction equipment on Oleksandr Konyskyi Street.

The operative on duty immediately sent an investigative team to the scene.

The police have located the equipment and seized it, the issue of its arrest is being resolved. Based on this fact, investigators of the Shevchenkiv police department are investigating a criminal proceeding initiated under Part 2 of Article 298 of the Criminal Code of Ukraine. All the circumstances of the event are established.

As told in the Prosecutor General’s Office, the actions of the persons who destroyed the house are classified as destruction of property subject to seizure (Part 1 of Article 388 of the Criminal Code of Ukraine). The fact of carrying out construction works contrary to the imposed ban is also being investigated, which is qualified as arbitrary construction on an arbitrarily occupied plot of land (Part 3 of Article 197-1 of the Criminal Code of Ukraine).

Activists claim that developers want to build a residential complex “Turgenev” on the site of the building. Back in 2018, the residential complex project was developed and started to be implemented by the capital architect Mykola Vikharev, who is a member of the Advisory Council at the cultural heritage department of the KMDA. The council, in particular, decides the issue of protection and preservation of historical buildings in the city.

The reaction of the KMDA and the Ministry of Culture

As told Director of the Department of Cultural Heritage Protection of the KMDA, Maryna Solovyova, two days before the demolition, the public organization “Heritage Kyiv” submitted to the Department of Cultural Heritage Protection a package of updated accounting documentation regarding the assignment of the building on the street. Oleksandr Konyskyi, 22, landmark status. This step is part of the action plan signed earlier with the department regarding the implementation of the petition No. 12870 “Preserve the historic Zelenskih estate”, which was supported by the mayor.

Solovyova called the demolition of the estate a “shocking situation”.

“What is currently happening is audacious and cynical self-government! The city authorities and the Department of Cultural Heritage Protection are outraged by the situation. We believe that law enforcement agencies should provide their assessment and bring the culprits to justice… The department requires law enforcement agencies to respond appropriately and bring the culprits to justice,” she said.

In the Ministry of Culture and Information Policy of Ukraine notedthat “the destruction of historical buildings is a cynical violation of monument protection and urban planning legislation and state building regulations.”

It was also emphasized there that despite the fact that the building does not have the legal status of a monument or a “newly discovered object of cultural heritage”, as provided for by the monument protection legislation, according to the historical and architectural reference plan of the city of Kyiv, this building is located in the historical area of ​​the city and is recognized as a significant historical building called “Manor House” of the second half of the 19th century. Such a status should protect the house from wear and tear.

The Ministry of Culture also noted that the reconstruction of a valuable historical building with a change in geometric parameters is allowed in exceptional cases with the approval of the relevant body for the protection of cultural heritage and only under the condition of preserving the nature of the valuable historical environment, preserving (reproducing) architectural and artistic characteristics and conditions of spatial and spatial perception of significant historical buildings from the main facade (facades) and preservation of architectural and artistic features of the main facades of ordinary historical buildings.

The Ministry did not receive any project proposals regarding this building, and the Ministry of Culture did not provide any project documentation approvals either for the new construction on this site, or for the reconstruction of the building, or for its dismantling.

On July 119, the Ministry of Culture registered a submission from the NGO “Heritage Kyiv” to grant the Zelensky estate the status of a monument. On the same day, construction equipment began to demolish the house.

“MKIP plans to implement all the response measures provided for by law, and also calls on law enforcement agencies to immediately pay attention to the attempt to destroy a significant historical building, and expresses readiness to cooperate in order to bring to justice the persons guilty of violating the law,” the Ministry of Culture adds.

Protests

As reported “Public”on the evening of July 20, about a thousand people gathered near the Kyiv City State Administration for a protest against the demolition of Zelenskyi’s estate.

People gathered on the steps with posters and images of historic buildings destroyed during Vitaliy Klitschko’s tenure as mayor of Kyiv. People chanted: “Enough to destroy our city”, “Enough to destroy Kyiv”, “When will we start choosing heritage, not Turgenev”, “No to the arbitrariness of the Kyiv Rada”, “The new anthill will not bring victory closer”, “Klychko is a Russian”, “Klychko “Zamudovnik”, “I was killed by Turgenev”.

Among the organizers are the “Tsegla” space, the NGO “Osokorka Ecopark”, “Renovation Map”, etc.

After the rally, the protesters went to the destroyed monument at 22 Konyskyi Street.

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Editor: Victoria Onisimova

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