Demolition of the Zelensky estate: the prosecutorʼs office opened criminal proceedings

The Shevchenkivsky District Prosecutorʼs Office of the city of Kyiv has started criminal proceedings for the demolition of Zelenskyʼs estate, despite her arrest.

This was reported in the Office of the Prosecutor General of Ukraine.

They note that in January 2024, the building at 22 Konyskoho Street was seized with a ban on use, disposition and alienation within the framework of criminal proceedings for the intentional illegal destruction, destruction or damage of objects of cultural heritage (Part 2 of Article 298 of the Criminal Code of Ukraine).

Prosecutors asked for an arrest, since this area is part of the historical area of the capital. Construction there requires permission from the Ministry of Culture and Information Policy of Ukraine.

Despite this, capital construction was carried out there for a long time, which made it possible to destroy the historical object — construction work was carried out without the permission of the Ministry of Culture. Therefore, due to the seizure of the building, all work had to be stopped.

However, on July 19, despite the arrest, unknown persons using heavy construction equipment destroyed the house, violating all restrictive requirements.

Their actions were classified as destruction of property, which was subject to arrest (Part 1 of Article 388 of the Criminal Code of Ukraine). They are also investigating the fact of carrying out construction works contrary to the imposed ban — this is qualified as unauthorized construction on an arbitrarily occupied plot of land (Part 3 of Article 197-1 of the Criminal Code of Ukraine).

The location of the equipment used to demolish the building has now been established. An urgent search was already conducted there and this equipment was seized. A petition for its arrest was submitted to the court.

What preceded

On the evening of July 19, a historical building — the Zelensky estate — built in 1890, was demolished without authorization in Kyiv. The Department of Cultural Heritage Protection of the Kyiv City State Administration (KCSA) was the first to announce the demolition of the building.

The estate was located at the street Konyskoho, 22. The department called the situation "impertinent and cynical self-government."

The department also noted that just two days before the demolition, the public organization "Heritage Kyiv" submitted a package of documentation to the department regarding the designation of the building as a monument. This step was part of the action plan for the implementation of the petition No. 12870 "Preserve the historic Zelensky estate", which was supported by the mayor.

Kyiv police reported on July 20 that they are establishing the circumstances of the demolition of the historic building. Law enforcement officers have opened criminal proceedings under Part 2 of Art. 298 of the Criminal Code of Ukraine — destruction of objects of cultural heritage. The maximum penalty is imprisonment for up to three years.

СO "Heritage Kyiv" stated that the estate was demolished by "Turgenev Build" LLC, and the activists who tried to prevent them were attacked by unknown men.

According to activists, the "Turgenev" residential complex should now be built on the site of the historical monument.

On July 20, the Ministry of Culture declared that it had not issued any permits for the demolition of the 19th-century Zelensky estate in Kyiv.

The department emphasized that this building currently does not have the legal status of a monument or a "newly discovered object of cultural heritage", as provided by the monument protection legislation. At the same time, this building is located in the historical area of the city and is recognized as a significant historical building. This status was supposed to protect the building from demolition, because activities in historical areas are regulated not only by the law "On the protection of cultural heritage", but also, in particular, by state building regulations and rules "Planning and development of territories". These norms provide that the demolition of valuable historical buildings is prohibited within the historical areas.

Because of the demolition of the building, on July 20, about a thousand Kyiv citizens came to a rally in front of the KCSA.

What is known about the Zelensky estate

The Zelensky estate (also known as the Malinin manor) was built in 1890. At first it was made of wood, and later it was covered with bricks.

The building was commissioned by the merchant Vasyl Malinin, and he owned the estate for at least 20 years. It became famous due to the fact that in the period from 1911 to 1915, a family of Zelensky wealthy citizens lived here.

Since 2018, the building has been gradually dismantled, writes Liga.net. Activists believe that the dismantling of the building is connected with the residential complex "Turgenev", which was built right behind the estate. In their opinion, the developer wants to build a second row of housing estates on the site of the estate.

In 2022, the developer Victor Besaha confirmed to Liga.net the information about the second phase of the residential complex, but then these plans were suspended because the Ministry of Culture was checking the historical value of the building. Besaha stated that the manor is not a historical monument, because "in 2007 this house was demolished and built from scratch."

Activist Dmytro Perov wrote a few days before the demolition that in April 2024 “Turgenev Build” LLC ordered a "scientific" study, according to which the building cannot acquire the status of a monument, because at one time it was built by order of the professor of Russian philology Malinin.