On September 10, the panel of judges of the Court of Appeal of Poltava overturned the decision to seize the land plots on which the construction of Novy Podil is planned.
The judges concluded that the prosecutor's request of July 31, 2020 for the seizure of plots that are in permanent use of PJSC "Kyiv River Port" and PJSC "TORGRICHTRANS" does not meet the requirements of the current criminal procedure law.
Judges note that the land also does not meet the criteria set out in Art. 98 and Art. 364 of the Criminal code of Ukraine to which the prosecutor referred in the petition for arrest. In addition, the petition "does not contain arguments and documents as proof that construction is being carried out on two land plots."
The ruling emphasizes that the investigating judge of the Oktyabrsky District Court of Poltava decided to seize the land without the participation of the prosecutor and without notifying the interested parties, so he could not fully assess the circumstances and make a lawful and reasonable decision.
The judges noted that before appealing to the Oktyabrsky District Court of Poltava, the prosecutor filed a petition with the Holosiivskyi District Court of Kyiv, which refused, but the prosecutor did not indicate this fact in the petition to the Oktyabrsky District Court of Poltava.
"In circumstances when the investigating judge in considering the petition must find out all the circumstances that provide grounds for such arrest or refusal to grant the petition, and considered the petition, in which the prosecutor did not state the grounds and purpose for arrest, the panel of judges considers impossible to recognize such decision of the investigating judge lawful and reasonable, in connection with which the decision of the investigating court is subject to cancellation ", - it is stated in the decision of the panel of judges.
The decision of the Court of Appeals once again proves that the accusations of the Prosecutor General's Office are absurd and far-fetched.
SAGA Development works exclusively in the legal field. We do not hide our desire to turn the abandoned industrial zone into a modern multifunctional quarter, to create an open and accessible embankment and finally to open the Dnieper in the center of Kyiv to the citizens. And we implement it only within the framework of the law and civil law agreements.