15 years without any building work: in Mykolaiv, a legal battle is underway to return land in a public garden to the city

The plot of land in ‘Admiralteiskyi’ Park, which is to be returned to the city. Photo: NikVesti

The plot of land in Admiralteiskyi Park, which was leased 15 years ago for the construction of a sports and leisure complex by «Archy» Ltd, remains undeveloped and cluttered to this day. The Public Prosecutor’s Office, acting on behalf of Mykolaiv City Council, is seeking through the courts to return the plot to community ownership. Enforcement of the court’s decision is currently underway.

This was reported by the Executive Committee of the Mykolaiv City Council in response to an information request from NikVesti.

Background

In accordance with the ruling of the South-Western Commercial Court of Appeal dated 27 May 2026, on 28 April 2009, the Mykolaiv City Council passed a resolution and leased a plot of land measuring 2,240 square metres at the corner of 2nd Slobidska Street and Naberezhna Street (Admiralteiskyi Square) to «Archy» LLC on a two-year lease. A sports and wellness complex was to be built there.

According to Opendatabot.ua, the owner of «Archy» Ltd is businessman Rafael Goroyan.

The site in ‘Admiralteiskyi’ Square where the sports complex was to be built. Photo: NikVesti, April 2026

The site in Admiralteiskyi Square where the sports complex was to be built. Photo: NikVesti, April 2026

The term of the lease was extended several times. In 2015, a clause was added to the lease stipulating that the tenant must return the plot if no construction work is carried out there for three consecutive years.

«In the event that the land plot is not used for development for three consecutive years (failure to carry out construction) from the date of conclusion of the amendment agreement or the failure to complete construction before the expiry of the contract, the tenant is obliged, upon expiry of the contract, to return the vacant plot of land to the landlord,» the court ruling states.

The Executive Committee reported, citing information from the Department of Architecture and Urban Planning of the Mykolaiv City Council, that the lease agreement expired on 12 August 2021.

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The court ruling states that in 2015, «Archy» Ltd received urban planning conditions and restrictions for the development. According to information from the Mykolaiv City Council’s Department of State Architectural and Construction Control dated 24 December 2024, the company had already notified them in 2016 of the commencement of preparatory work on the site. However, neither a declaration of the commencement of construction works nor one of readiness for use was registered.

«According to the inspection report dated 20 November 2024, the 2,240-square-metre plot of land on Naberezhna Street, at the junction with 2nd Slobidska Street, is free of any buildings, is cluttered and is fenced off. At the time of the inspection, no construction work was taking place, no buildings were found to have been erected, and a layer of topsoil had been removed from the site. The prosecutor asserts that this confirms the fact that «Archy» Ltd has not used the plot of land for development for almost 15 years,» the court ruling states.

15 years without construction

At present, the site remains cluttered, just as it was during the State Architectural and Construction Inspection’s inspection two years ago. The fence is broken in places; in the spring, there were piles of rubbish inside the excavated pit, and now the area is overgrown with grass, bushes and trees.

The site remains cluttered. Photo: NikVesti

The site remains cluttered. Photo: NikVesti

The site remains cluttered. Photo: NikVesti

The Executive Committee reported that, by a ruling of the Mykolaiv Regional Commercial Court dated 6 August 2025, «Archy» Ltd was ordered to return this plot of land to the Mykolaiv local authority in a fit-for-purpose condition, in accordance with the handover certificate. This includes dismantling the fence and restoring the site to a proper condition.

The site currently remains cluttered. Photo: NikVesti

«Archy» Ltd’s appeal was dismissed by a ruling of the South-Western Commercial Court of Appeal dated 27 May 2026. As the court’s decision has not been complied with, enforcement proceedings have been initiated to ensure its compulsory enforcement.

«Due to the failure to comply with the court ruling of 20 October 2025, enforcement proceedings have been initiated to enforce the said court ruling. The procedure for the enforcement of the court ruling regarding the return of the land plot to the territorial community of the city of Mykolaiv is ongoing,» the executive committee replied.

At the same time, the Executive Committee reported that in 2024 and 2025, the Central District administration had approached company representatives regarding the restoration of the fencing around the excavation site. However, there was no response.

The Executive Committee’s response to NikVesti’s enquiry regarding the lack of development in the public garden

The Executive Committee’s response to NikVesti’s enquiry regarding the lack of development in the park

As a reminder, an ancient necropolis was discovered on the site of the park in 2011. The artefacts found were transferred to the «Staroflotski Barracks» museum.

Following this, the public prosecutor’s office requested that the decision to extend the lease of ‘Archi’ Ltd be declared unlawful. Members of the Mykolaiv City Council also passed a resolution supporting the prosecutor’s office’s objection and insisting that construction could not take place on the site of the necropolis. The businessman was promised an alternative plot of land for development.

However, Rafael Horoian filed a lawsuit and regained possession of this plot. Nevertheless , construction has not commenced there. The excavated foundation pit has been fenced off for many years; the fence is currently broken.