Judges' panel of the Sixth ACA considered appeals on Protasiv Yar building in the city of Kyiv
Judges’ panel of the Sixth Administrative Court of Appeal considered appeals of the State Architectural and Construction Inspectorate of Ukraine and individuals on the decision of the first instance court from September 16, 2020 in administrative case No. 640/9076/19. As a party in a case were involved a prosecutor.
LLC “Daytona Group”, LLC “Construction Company “Indbud”, LLC "Architectural Bureau “Allure” took legal action to the State Architectural and Construction Inspectorate. In the claim they asked court to rule as illegal and decline regulations from May 08, 2019:
- on elimination of violations of the legislation requirements in the field of urban development, construction norms, standards and rules based on the results of an unscheduled inspection at the facility: “Construction of a housing-office-shopping complex with a hotel and parking on the Mykola Amosov street in the Solomenskii district of Kyiv city” (Protasiv Yar), issued by LLC Daytona Group;
- on the laying off of preparatory and construction work at this facility.
Also, asked to rule as illegal and to decline a decision of the chief inspector of construction supervision of the State Architectural and Construction Inspectorate department in Kyiv from May 21, 2019 on imposing a fine on LLC “Architectural Bureau “Allure”” for violations in the field of urban planning.
The first instance court fully satisfied the lawsuit. Disagreeing with this, the State Architectural and Construction Inspectorate of Ukraine and individuals filed appeals.
Judges’ panel of the Sixth ACA satisfied appeals, decline the decision of the first instance court and completely denied the claim on June 17, 2020.