Results of appeals' consideration on suit securing in the case of development on the Laboratory street in Pecherskyi district of Kyiv city
Judges’ panel of the Sixth Administartive Court of Appeal considered appeals of the Ministry of Culture, Youth and Sports of Ukraine, individuals and persons who joined the appeal: NGO "International Anti-Corruption Assembly", NGO "Ukrainian Society for the Protection of Historical and Cultural Monuments" on the decision of the first instance court in administrative case No. 640/957/20 from January 20, 2020.
The concert cultural institution “Kyiv Chamber Choir” filed a claim to the Ministry in wich asked to rule as illegal and decline the order No. 43/10-5/74-19 from October 02, 2019 and the act on the violation of the legislation on the protection of cultural heritage dated October 24, 2019.
Together with the statement of claim the concert cultural institution filed an application for securing the claim by suspension of the contested order until the decision entered into legal force.
By this order, the plaintiff is obliged to stop carrying out excavation and any other construction work immediately at the facility “Construction of a residential building with office premises and underground parking at the address: Kyiv, Pecherskyi district, Laboratory st., 12 " performed within the historical area of Kyiv with violation of the Law of Ukraine "On the Protection of Cultural Heritage" without the appropriate approvals and permits of the central executive authority implementing the state policy in the field of cultural heritage protection.
The first instance court satisfied the application for securing the claim of the concert cultural institution “Kyiv Chamber Choir” and stop the Ministry order.
According to the results of the appeal judges’ panel of the Sixth ACA closed the proceedings in the case on individuals’ appeals, satisfied the appeal of the Ministry of Culture, Youth and Sports of Ukraine and canceled the decision of the first instance court.