The court returned the Tereshchenko estate to the territorial community of Kyiv

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The Grand Chamber of the Supreme Court of Ukraine annulled the decisions of the courts of first instance and appeals and decided to return Tereshchenko’s house to the territorial community. This was written on the official website of the Supreme Court. “The Supreme Court returned the Tereshchenko manor to communal ownership. On September 12, 2023, the Grand Chamber of the Supreme Court passed a new decision in the case regarding the Tereshchenko manor, returning it to the territorial community of the city of Kyiv,” they wrote in the message. In addition, the Supreme Court issued a separate resolution “Decision on preventing violations of the legislation on the protection of cultural heritage.” “This is the final decision of the Grand Chamber, which will have a positive effect on law enforcement in general. Because this decision will have to be taken into account when considering similar cases,” Kyiv City Council member Ksenia Semenova said in a telegram. Kyiv City Council member Olena Tereshchenko called the court’s decision “key in the further struggle for the rescue and preservation of cultural heritage.” The court decided to return the Tereshchenko manor to the Kyiv community. Photo: Facebook Olena Terestchenko What preceded In 2007, the Main Department of Communal Property of Kyiv (the legal successor is the Department of Communal Property of the City of Kyiv), JSC “Ukrnafta” and KP “Directorate of Restoration and Restoration Works” concluded an investment agreement on the reconstruction and restoration of non-residential buildings – pam architectural monuments of local importance, located at the following addresses: Taras Shevchenko Boulevard, 34/15, lit. “A” and Taras Shevchenko Boulevard, 34/13, lit. “B”, “B”; later, according to the agreement on the replacement of the party in the obligation, all the rights and obligations of OJSC “Ukrnafta” in relation to this agreement were taken over by PrJSC “Tsentrelevatormlynbud”; subsequently, the parties entered into an additional agreement to the investment agreement on the possibility of the investor acquiring ownership of these non-residential buildings; later the investment contract was terminated on the basis of the relevant contract signed by the parties; in 2009, on the basis of the orders of the Main Directorate of Communal Property of Kyiv, certificates were drawn up certifying the ownership of Centerlevatormlynbud PJSC to the specified buildings; Read also: Russians have already damaged 664 objects of cultural heritage in Ukraine – MKIP in June 2021, the prosecutor’s office appealed to the court with a demand to return the building to communal ownership, claiming that the defendants did not fulfill their obligations, in connection with which the territorial the community was largely deprived of what it had hoped for at the time of the conclusion of the treaty; it also happened that the objects of cultural heritage were not removed from the communal property in accordance with the procedure established by law, because at the time of the emergence of disputed legal relations there was a legally established ban on their alienation. “In addition, the defendants did not comply with the requirements of the Law of Ukraine “On the Protection of Cultural Heritage” and the terms of the protection agreements, since the monuments of cultural heritage are in an unsatisfactory state, and no measures for their preservation were taken,” – the website of the Supreme Court emphasizes; the courts of previous instances refused to grant the claim. after considering the cassation appeal of the prosecutor, the Grand Chamber of the Supreme Court decided to satisfy the demands for the return of the Tereshchenko manor to the territorial community of Kyiv. In the other part, the decisions of the courts of previous instances were left unchanged. The Grand Chamber of the Supreme Court passed a separate resolution on preventing violations of the legislation on the protection of cultural heritage. The Tereshchenko estate was returned to the Kyiv community. Photo: Telegram Ksenia Semenova What is known about the Tereshchenko estate The Tereshchenko estate was built in 1874-1875 according to the project of the architect Krause in the neo-Gothic style. “Suspilne” notes: despite the fact that the authorship of the project is attributed to Krause, local historian Mykhailo Kalnytskyi believes that Volodymyr Yakunin was actually the architect, because he signed the project as the responsible builder. The building was registered as a monument of local importance by the decision of the Kyiv City Council in 1986. In 1998, the outhouse was registered as a newly discovered object of cultural heritage. In 2007, the estate, the area of ​​which is more than 1,000 square meters, was transferred to a private company – PJSC “Tsentrelevatormlynbud” – with the condition that the monument be restored. Since that time, the estate was in a neglected state, defenders of cultural heritage feared for its destruction. Read also: Unbreakable museums. The capital’s museum quarter is recovering after a Russian missile strike

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