«Lvivderzhbudekspertyza» acknowledge: the stadium for the “Euro” is being built with violations of the law

May05200913:29

That is to say that the amount on the agreement for project works was overestimated by 27 million UAH. This problem must be evaluated by law enforcement officials, in particular the procurator... It is worth noting that the signing of the agreement imposes on the LCC to pay the full amount (39,859,650 UAH), and provides Alpine the right to demand its payment. Therefore, any attempts to prove the non-existence of any violations, through the statement that payment in accordance with this agreement was not carried out, are only manipulations.

The present agreement for the carrying out of project works and building works does not foresee the use of intellectual property. In the letter received, regarding the agreement with Alpine there is no clause regarding the use of intellectual property. There are no conditions for the transfer of such or other documents and the lack of an explanation from officials of the LCC regarding this. No explanation was even given at the request of Lvivderzhbudekspertyza. “The agreement on the project works and an explanation regarding the conclusion of an agreement by the client for the amount of 36 million in value of intellectual property on request of Lvivderzhbudekspertyza was not provided,”  -  according to the document.  The problem could be a very serious one, in as much that there is an absence of transfer of the right to use intellectual property, then one was not allowed to start building the stadium according to Alpine's project. There exists a threat that Alpine could file suit in court for the wrongful use of intellectual property or they could, through the court, present addition bills for its use. At the stage of signing the agreement this was not in question, in as much that agreement with Alpine was concluded for the project works, as well as the building, and the necessity of transferring the use of the intellectual property rights did not exist in this case. This matter needs judicious study and explanation by competent bodies.

In addition, the LCF received as a result of its question posed on 17.04.2009, a comprehensive explanation of state expertise on the project “Building of a stadium on Striyska Street, and the Ring Road in the City of L'viv”. However, these explanation provided by Lvivderzhbudekspertyza are dated 7.08.2008, after this date Lvivderzhbudekspertyza provided no other explanation.

The explanations draw out the following (see. attachments):

1. Derzhbudekspertyza was only submitted documentation at the stage of it being a PROJECT, but nt at the stage of WORK PROJECT.  We would like to remind the reader that project works have a number of stages – the TES STAGE (tecnical-economic substantiation or draft project), PROJECT STAGE, WORK PROJECT STAGE includes only the previous general information. After the explanations of Derzhbudekspertyza the PROJECT stage, can only be used for preparatory work, for example, fencing off the construction area, digging the foundation, bringing in communications etc.  Construction work can only be started only be started upon a positive explanation from Derzhbudekspertyz at the WORK PROJECT stage!, in which is foreseen the construction development, technology, the building part, communcations, the final budget etc.  Currently, there is no explanation from Derezhbudekspertyza for the WORK PROJECT, but legislation prohibits construction work (including pouring of the foundation) without such an explanation.

2. Drawings for the above ground part of the stadium were not provided.

In the appendix to the comprehensive explanation of the state expertise regarding the project “Building of a stadium on Striyska Street, and the Ring Road in the City of L'viv” in point three it is noted, that to date the requirement: “for the possibility of examining the acceptable construction of foundations, provide drawings of the above ground part of the structure (to determine the load on the foundation)” has not been provided. This once again confirms, that the entire work project was not done as a system.  It is not understood,  in which way the foundation under the stadium was built, which currently in the stage of completion and in which way was its strength determined?

Explanation of “Derzhbudekspertyza” as put forth in two documents.

The question arises, why is the explanation of the state expertise put forth in two documents – the main one and an addendum, however, the date of preparation of these documents is the same – August 7 2008? Of consequence, in the main document there is no reference to the addendum!

A document in such a form can create the basis for manipulation, because one can present just a single comprehensive explanation without the addendum, in which the violations are noted. The explanations in the base document contradict the explanations in the addendum. If in the base document it is mentioned that the project at the PROJECT stage is recommended for approval, then in the addendum they are requesting that additional information be provided for the final decision to be made.

The CFL appeals to society and the Mass Media to focus on this problem, and that the head of the city, deputies of the LCC, competent state bodies with the request that they provide a clear explanation of the mentioned violations and problems, and, either clarify their presence, or show the way to resolve them.