The future of the «Atlant» and «Olymp» yacht mooring areas in Mykolaiv was discussed once again

In Mykolaiv, discussions have resumed regarding the division of the territories of the «Atlant» and «Olymp» sports schools, parts of which are proposed to be allocated for private yacht moorings.

The issue was discussed on Tuesday, 17 March, during a joint meeting of three standing committees of the city council: on housing and communal services, human rights and the rule of law, and health, education, culture and sport. In addition, representatives from the sports department, the legal department and the directors of the sports schools took part in the meeting, according to NikVesti.

As is known, the city owns two complexes of mooring facilities belonging to the former yacht clubs of the 61st Commune Factory and the Ocean Factory, which are suitable for the operation of a small-scale fleet.

«An issue that initially seemed straightforward — the administrative division of responsibilities regarding the operation of bases and small vessels between schools providing training and educational programmes, and the municipal institution responsible for providing vessel operation services — turned out to be far more complex. This is not merely an administrative issue. It is part of Mykolaiv’s development strategy and one of the fundamental decisions the community must take,» said Artem Vashchylenko, chair of the expert and public council.

He added that following the decline of large-scale shipbuilding in Mykolaiv, small-scale shipbuilding remains the only remaining sector.

«Mykolaiv is a peninsula with a long history of shipbuilding and the fleet. Following the decline of large-scale shipbuilding, the only active sector remaining is small-scale shipbuilding, services for the operation of the small-scale fleet, and the maximum utilisation of the city’s competitive advantages. These are opportunities for the construction, repair and maintenance of ships and yachts, as well as the development of water sports, leisure and tourism,» added Artem Vashchylenko.

In his view, one of the city’s strategic objectives is «the effective use of its own resources and water areas: attracting yachts and small vessels».

«However, the mooring facilities inherited from the 61st Communist and ‘Ocean’ shipyards are in a state of disrepair. Ship repairs and sandblasting were carried out on the grounds of the ‘Atlant’ school, and the stationary crane broke down and remains sealed off. Without properly maintained equipment and well-equipped mooring facilities, the city will be unable to carry out even basic evacuation tasks, and this is of strategic importance for Mykolaiv as a peninsula,» concluded Artem Vashchylenko.

In turn, Olena Kiseliova, a member of the Mykolaiv City Council from European Solidarity and chair of the Committee on Legality and Transparency, stated that the problem is complex, and it is now important to understand how the schools operate and how their activities are organised.

«Today, the relevant committees are examining the issue of school operations: the causes, consequences and the overall state of affairs. The problem is complex, and I wish to emphasise this both for those watching us online and for those present in the chamber. I stress: at this meeting, we are not making decisions and are not considering the issue of land parcel division. It is important that this is clear to everyone and that there is no room for manipulation or misrepresentation. The focus is on how schools are currently operating: how their activities are organised, whether there are any comments, and, most importantly, how changes in legislation affect their future work,» said Olena Kiseliova.

«Small vessels can provide commercial services and maintenance, whereas sports centres can only offer sporting activities. Until these laws were passed, this was impossible due to the provisions of the Commercial and Civil Codes of Ukraine. A children’s and youth sports school is an extracurricular sports-focused educational institution that fosters pupils’ abilities and physical development. Such institutions, establishments and organisations are non-commercial, so any commercialisation of these schools contradicts their primary function,» according to Valerii Vetrov, a member of the public council.

In turn, Yevhen Yuzvak, director of the City Council’s legal department, noted that the law on inland water transport defines two separate mooring bases: for small vessels and for sports vessels.

«Both bases are property complexes maintained by business entities. The children’s and youth sports school has dual status — as an educational institution and a physical culture and sports institution — and may carry out other economic activities within the limits of the law and its charter. The institution may provide paid services in accordance with two lists: the list for educational institutions and the list for physical culture and sports institutions. The main rule is that the activities must not impair the educational process or conditions for the children,» said Yevhen Yuzvak.

At the same time, the lawyer clarified:

«Schools cannot operate permanently as mooring facilities (for a maximum of one month, — note). This is a specialised type of activity regulated by separate legislation. For the safety of children, schools must only keep their own vessels, without generating income from rental,» added Yevhen Yuzvak.

«The lawyer said one thing: Schools may provide individual services or lease out property only for a short period. But they cannot operate as mooring bases on a permanent basis, as this is a specialised type of activity regulated separately,» replied Olena Kiseliova.

For his part, Valerii Vetrov noted that the main task in developing mooring facilities is to retain «as many berths as possible so that they generate revenue and provide services».

«The task for everyone involved in these moorings is to retain as many spaces as possible so that they generate revenue and provide a service. That is why the two are inextricably linked. Furthermore, our main goal is to create conditions for using the riverside infrastructure for our community, for children and adults. And we are creating sports facilities so that everything is close by. We are building paths so that everything is close by. And we say that people living by the river should have boats and use them, just as they have done for years. And then the question arises: if a person lives in Soliany, where should they go to collect their boat? So there has to be some logic here, because, in fact, there is no problem at all with this issue,» emphasised Valerii Vetrov.

The discussion subsequently turned into an argument: Svitlana Kapur, director of the ‘Olymp’ Children’s and Youth Sports School, claimed she was being accused of bribery.

«At the moment, parents come to see me every week. If the expert council says that I am organising something — no. We live in a society where the media and parents see that the conditions for their children do not meet standards, and they will report this to the head of the department, MPs, the mayor, or anyone else, if children’s rights are being violated. I can say that I haven’t produced a video as well as the expert council has, but I’m sure you’d be proud of what we’ve achieved over the last five years: two or three years of the coronavirus and four years of war. How have we weathered these difficult times? Some people constantly claim that we, as managers, have no right to accept additional funds. I want to make it clear: if you’re convinced that I’m taking bribes, let the law enforcement agencies look into it, file a report and bring the person in question to justice. Otherwise, these are just empty slogans,» said Svitlana Kapur.

«We’re not at the market. No one here is accusing you,» replied Olena Kiseliova.

For her part, Iryna Bondarenko, head of the sports department at Mykolaiv City Council, stated that their department was the first to resume operations at the municipal facility following the start of the full-scale invasion.

«We were the first sports department to resume operations at the municipal facility during the bombings, because otherwise we could have lost all the children. After all, private organisations and clubs are not obliged to provide premises for temporary shelter, whereas we are required to do so. We worked with every facility and on every issue to get our children back to sports training,» said Iryna Bondarenko.

Konstantyn Maltsev, Director of the Atlant Children’s and Youth Sports School, stated that every facility, whether for small craft or for sports vessels, must have a single administration and one person in charge who bears full responsibility for the safe operation of the facility.

«This constitutes a breach of mandatory legal provisions regarding navigation safety. In accordance with the rules for the technical operation of mooring facilities for small vessels, approved by Order №101 of the Ministry of Infrastructure of Ukraine dated 22 February 2023, every such facility, whether for small vessels or recreational craft, must have a single administration and a single person in charge who bears full responsibility for the safe operation of the facility. The essence of the violation lies in the division: the very same hydraulic structures — piers, slipways, boathouses and the water area — are used by two different legal entities, namely «Atlant» and a third-party business entity. This creates so-called dual management, which directly contradicts the requirements of legislation in the field of inland waterway transport. Such a model makes it impossible to clearly identify who is responsible for the safety of navigation and the protection of life on the water, and is unacceptable from a legal point of view,» according to Konstantyn Maltsev.

The discussion lasted almost three hours, but in the end, the committee failed to reach a quorum. At the meeting, the committees decided to draft regulations on the provision of paid services, taking into account the reimbursement structure, and to entrust supervision to the relevant deputy, Anatolii Petrov. The deadline for completion is one month.

Inspections and division of the territories of the «Atlant» and «Olymp» schools

It should be recalled that Mykolaiv has revisited the issue of dividing the territories of the «Atlant» and «Olymp» sports schools, part of whose land is planned to be allocated for a private yacht mooring. In 2022, the law on inland waterway transport came into force, clearly distinguishing between the concepts of mooring bases and mooring bases for small vessels.

In 2024, the city was advised to bring both complexes into line with the legislation, and a working group was set up involving the authorities, athletes and school management. The first group analysed the operations of the «Atlant» school, which uses the site of the former yacht club of the 61st Communist Factory. The second is reviewing the activities of the «Olymp» school in the Korabelnyi district — its work is still ongoing.

During the inspections, issues were identified regarding hydraulic structures, the management of municipal property, the transparency of tariffs, and the collection of fees for mooring vessels. At the time, Artem Vashchylenko, chair of the expert and public council, noted that the children’s schools had no right whatsoever to engage in vessel mooring, and that funds were being collected in a non-transparent manner.

The mayor and councillors emphasised that the schools’ primary task is to train children. Commercial activities must be separated and comply with the law. The committee agreed to revisit the issue with an expanded panel, involving other committees, school management, the relevant department, and the deputy mayor.

If the session’s decision is adopted, the territories of the «Atlant» and «Olymp» schools will be demarcated: the schools will focus on coaching activities, whilst the municipal enterprise Timeset will be responsible for maintaining the moorings and collecting fees for the berthing and storage of vessels.

It later emerged that some of the mooring facilities for small and recreational vessels in Mykolaiv may not open this season, meaning that vessels may not be able to take to the water.

During a staff meeting chaired by the mayor on 2 March, Valerii Vetrov, a representative of the Expert and Public Council of the City Executive Committee, stated that there were about two months left until the start of the season, after which state inspectors would inspect the sports schools’ bases. If the documents or operating conditions do not meet legal requirements, they may not be allowed to open.

Read also the article by NikVesti: «A City on the Waves: how Mykolaiv is reviving and promoting sailing and yachting».