We inform that the building in which the Bitcoin Embassy was located at the following address: Kyiv, Lvivska square, 1 (hereinafter - Non-residential building) does not apply to small architectural forms, temporary structures and unauthorized elements of accomplishment, as it is a properly registered non-residential building for registration number 906987180000 on the right of private ownership of the Ukraine citizen - on the basis of the decision on state registration of rights and their encumbrances No. 29342816. The indicated information is confirmed by the Information Reference from the State Register of Real Property Rights and the Register of Property Rights to Real Estate, the State Register of Mortgages, the Unified Register of Exclusions of Real Estate Assets with respect to Real Estate Objects under No. 57803370.
Since the non-residential building is not a temporary building (including a small architectural form and unauthorized elements of an accomplishment), but is a full-fledged property, that is why it is protected by the legal protection provided by the Constitution of Ukraine and the Civil Code of Ukraine and is not subject to any rules. on dismantling of temporary structures of the Law of Ukraine "On the improvement of settlements" of 06.09. 2005 No. 2807-IV and the Rules for the improvement of the city of Kyiv, approved by the decision of the Kyiv City Council dated December 25, 2008 No. 1051/1051. In accordance with the provisions of the current legislation of Ukraine, the demolition of immovable property in the event of the existence of appropriate grounds is carried out solely on the basis of a court decision.
In particular, in accordance with Article 41 of the Constitution of Ukraine, the right of private property shall be acquired in the manner prescribed by law.
No one can be illegally deprived of property rights. The right to private property is immutable.
Forced alienation of objects of the right of private property can be applied only as an exception to the motives of public necessity, on the basis and in the manner prescribed by law, and subject to the prior and full reimbursement of their value. Forced alienation of such objects with subsequent full reimbursement of their value is allowed only in conditions of martial law or state of emergency.
Confiscation of property may be applied solely by a court decision in cases, volume and procedure established by law
According to Art. 321 of the Civil Code of Ukraine, property rights are inviolable. No one shall be unlawfully deprived of this right or limited in its exercise.
A person may be deprived of his or her property rights or limited in its implementation only in cases and in accordance with the procedure established by law.
In order to protect the rights of private property and to prevent the illegal actions of authorized persons of the Kyivblaugustriy communal enterprise of the executive body of the Kyiv City Council (Kyiv city state administration), a police crew and an investigation and operational group were called. As a result, in the case of abuse of official position (Article 364 of the Criminal Code of Ukraine) by officials of the Kyivblaugustriy communal enterprise of the executive body of the Kyiv City Council (Kyiv city state administration) and the Department of Urban Improvement of the executive body of the Kyiv City Council (Kyiv City State Administration) an attempt to dismantle (demolish) an object of property owned by the Ukraine citizen on the right of private property, criminal proceedings have been initiated under No. 12019100100001396 of 12.02.2019. The owner of the real estate object - was involved as a victim to this criminal proceedings.
On February 13, 2019 an attempt of authorized persons of the Department of Municipal improvements of the Kyiv City Council (Kyiv City State Administration) concerning the dismantling repeated, that is why the police crew was called again to protect the rights and interests of the owner of the property.
We believe that the actions of authorized persons of the Department of Municipal improvements of the Kyiv City Council (Kyiv City State Administration) and utility "Kyyivblahoustriy" of the Kyiv City Council (Kyiv City State Administration) on dismantling the property at Kyiv, Lviv square, 1 are inadmissible and illegal because they violate the right guaranteed by the Constitution of Ukraine to the inviolability of private property and the requirements of the current legislation of Ukraine regarding the possibility of demolition of the property only by a court decision.
Despite that nonresidential building at Kyiv, Lviv square 1, that is also a specialized bookstore " Ukraine Dictionaries " and the “Embassy of Bitcoin” are the subject property and does not belong to the category "temporary structures" (in including the small architectural form) the officials of the Department of Urban Improvement of the executive body of the Kyiv City Council (Kyiv city state administration) and the “Kyyivblahoustriy” municipal enterprise of the executive body of the Kyiv City Council (Kyiv City State first administration) continue to guide the illegal dismantling (demolition) of the Rules improvement in Kyiv approved by the Kyiv City Council of 25.12.2008. № 1051/1051, while ignoring the provisions of the Ukraine Constitution and the Civil Code of Ukraine and protection facilities the rights of private property and the possibility of their demolition only on the basis of a court decision.
On February 18, 2019 (Non-residential building) at the address: Kyiv, Lvivska square, 1 was destroyed.