The court has confirmed that all Kyiv residents are entitled to freely use the Dnipro River waterfront that was unlawfully appropriated by residents of a luxury housing complex. The Supreme Court agreed with the arguments of the Kyiv city prosecutor and revoked the private company's ownership of the bank protection structures (hydrotechnical facilities) in the Berkovshchyna area, covering an area of over 2,3 thousand sq.m.
This situation concerns the waterfront near the residential complex on Dniprovska Embankment, 14, in the Darnytsia district of the capital. The owners of the hydrotechnical structures had set up barriers, blocking access to the river for those wishing to take a stroll who do not reside in the housing complex.
The hydrotechnical structures, according to technical documentation, were constructed as a waterfront nearly 500 m long, providing protection against erosion. In 2020, the private company registered ownership rights over these structures. However, the mentioned bank protections are located on a communal land plot of the water fund, covering over 3.1 hectares with a value exceeding UAH 67 million within the river's protective shoreline. The prosecutor emphasized that the registration of private ownership rights over hydrotechnical structures leads to the exclusion of the water fund land from the property of the territorial community and creates restrictions for residents on free and unimpeded access to the Dnipro River.
The Supreme Court agreed with the prosecutor's arguments: ownership rights to hydrotechnical structures cannot be registered for any individual. Thus, the court has closed this case – access to the Dnipro waterfront should be available to all interested parties, not just residents of one housing complex. Press service of the Kyiv City Prosecutor's Office