Demolish or compensate for the cost: can the Odesa community take land from the scandalous Odrex clinic?

If the case of possible unauthorized land seizure in Odesa on Rozkydailivska Street, where the scandalous Odesa clinic Odrex is located, proves that the community's interests were violated, it could have serious consequences for the landowners and the clinic. Experts emphasize that this could lead to the invalidation of land agreements and the subsequent demolition of illegally constructed structures. What real consequences await the beneficiaries of the medical institution, and can the land be returned to the ownership of the Odesa community? Read more in the UNN material.

The criminal proceedings regarding the possible illegal change of boundaries and intended purpose of the plot under the scandalous Odrex clinic are gaining momentum. While the clinic's lawyers are trying to distance themselves from the landlord's "other property problems," lawyers point to very specific mechanisms for protecting the interests of the Odesa community, which could jeopardize the existence of the leased building that extends beyond the land plot.

Radical scenario: demolition of the Odrex building

Lawyer Dmytro Kasianenko is convinced that in cases where violations of the interests of the state or territorial community are established, the prosecutor's office will be able to act decisively. According to him, the law provides for mechanisms that allow not just imposing a fine, but actually annulling the right of ownership to the land and demolishing the object built on it.

If violations of the interests of the state, territorial community, or specific individuals are established, the prosecutor's office must apply to the court with a corresponding claim in the interests of the state or a citizen in accordance with Article 23 of the Law of Ukraine "On the Prosecutor's Office" and the norms of procedural legislation. Such a claim may concern compensation for damages, recovery of property, recognition of transactions as invalid, cancellation of registration actions, or other means of protecting rights, which ensures the final legal assessment of the situation exclusively by the court.

To a clarifying question about whether the case would be limited to compensation, Dmytro Kasianenko gave a clear answer: the consequences could be much more serious than ordinary compensation for damages.

"Invalidation of the contract with an obligation to demolish," the lawyer added.

Legal mechanism: why "negotiating" won't work

In practice, the logic of protecting community interests, which Dmytro Kasianenko speaks about, works much more strictly than Odrex owners might hope. If an expert examination confirms that the foundation or walls of the clinic have "extended" even by a meter beyond the officially allotted plot, the situation automatically moves into the realm of unauthorized land seizure. In such a case, the law is unyielding: since the land does not belong to the developer, they had no right to erect structures on it. For the court, this becomes grounds for a radical decision. In particular, this may be an obligation for the owner to dismantle the very part of the building that illegally stands on municipal territory.

No less critical is the situation with manipulations in the registers. If the intended purpose of the constructed object was changed to "healthcare institution" without proper permits, such registration actions can be canceled in court. This will lead to a legal collapse for the clinic, as the building will cease to have a purpose that complies with the licensing conditions of the Ministry of Health. Therefore, working and providing medical services in premises that are legally "non-residential buildings and structures" will be illegal and will automatically result in the cancellation of issued medical licenses.

At the same time, hopes that the case can be closed by paying compensation or a fine may prove futile. The city community, in whose interests the prosecutor's office acts, is often interested not in percentages of private business income, but in restoring justice and freeing its land from illegal constructions. In such cases, the priority is precisely "clean land," which jeopardizes the very existence of the scandalous Odrex clinic building.

History of land manipulations

As UNN previously wrote, the main location of the scandalous Odrex clinic at Rozkydailivska Street, 69/71, came under the close attention of law enforcement. Investigative actions unfolded around suspicious manipulations with state registers, as a result of which the clinic building changed its intended purpose from "non-residential buildings and structures" to "non-residential buildings of a healthcare institution," and the building itself may extend beyond the allotted plot (the total area of the land plot increased from 18,995.7 sq. m to 19,023.4 sq. m). In fact, the Odrex clinic may be operating in premises whose legal legitimacy raises serious doubts among regulatory bodies.

The "landlord-tenant" scheme: who really stands behind Odrex?

Regarding this criminal case, Odrex's public defense strategy is based on an attempt to distance itself from the land scandal. Lawyers insist: the clinic only rents the premises from LLC "Fabryka Akatsiya," and therefore LLC "Medical House Odrex" has no relation to the problems with land registration and the intended purpose of the building erected on it.

However, UNN's investigation revealed that this division is merely a formality. According to data published on YouControl, both companies are controlled by the same group of individuals. The founders of the tenant LLC "Medical House Odrex" and the landowner LLC "Fabryka Akatsiya" coincide: Iryna Zaikova, Larysa Mysotska, and Yevhen Savytskyi.

Such a "kinship" of structures indicates that the same people control both the building and the medical business operating within it. This effectively nullifies the argument about the clinic's "non-involvement," as the landowners and beneficiaries of the medical institution are the same individuals.

What awaits Odrex next?

Currently, the Primorsky District Court of Odesa has already granted permission to inspect the site with the involvement of a geodetic specialist. This will allow for the final determination of the extent of the plot's expansion onto municipal land.

While the owners are trying to portray the investigative actions as "pressure on business," the legal circle around the land plot on Rozkydailivska is tightening. As the experience of similar cases shows, if the fact of unauthorized land seizure is confirmed, LLC "Fabryka Akatsiya" may face forced return of the plot to the city.