The National War Memorial Cemetery near Kyiv will not be moved after the Supreme Court ruled on the illegal transfer of a plot in the Markhaliv Forest for burial.
Sources in the Ministry of Veterans Affairs informed the Public about this.
It is noted that the land is in permanent use by the institution, and burials continue. The territory is guarded and the graves are cared for.
National War Memorial Cemetery in Markhalivka, February 2026. Social News/Polina Palamarchuk
The Supreme Court's decision of January 29 does not stop the operation of the cemetery, but only annuls certain points of the order of the Kyiv Regional Military Administration, but:
- did not cancel the actions that resulted from the transfer;
- the right of permanent use of the land has already been registered;
- construction of the first complex is completed;
- The court did not order the company to cease operations or cancel its registration.
Therefore, there are no legal grounds to stop the activity , the department believes.
As of March 2, 219 fallen soldiers were buried at the memorial cemetery, 159 were unknown, sources at the Ministry of Veterans Affairs told the Public.
It is also planned to create 5 pilot regional branches of the military memorial cemetery this year.
National War Memorial Cemetery in Markhalivka, February 2026. Social News/Polina Palamarchuk
Earlier, as we reported, Minister of Veterans Affairs Natalia Kalmykova said that the Ministry of Veterans Affairs is developing a legal mechanism to respond to the Supreme Court's decision – together with international partners, they are working on prioritizing commemoration when making decisions regarding protected areas.
Correspondents of Suspilny visited the cemetery after the Supreme Court ruling and collected the opinions of the relatives of the deceased, public activists, and human rights defenders.
What is known about the Supreme Court's decision regarding the National Memorial War Cemetery?
The Supreme Court of Ukraine has declared illegal the change of purpose of a land plot in the Markhalivka Forest in the Kyiv Region, which was transferred to the National War Memorial Cemetery (NWMC). This is stated in the court's ruling of January 29, 2026. The plaintiffs were representatives of the NGO “Markhalivka. Support” – residents of the neighboring village of Markhalivka
The Supreme Court press service explained that the law prohibits the use of lands of the nature reserve fund to create the National War Memorial Cemetery. And when transferring the land for the cemetery, the special nature conservation status of the land plot was not taken into account.
What do they say in the NVMK?
The Director of the National War Memorial Cemetery, Yaroslav Pronyutkin, told a Suspilny correspondent in a comment that, in accordance with current legislation, part of the National War Memorial Cemetery has already been put into operation. According to him, “burials continue to be carried out in compliance with established rituals and military honors.”
National War Memorial Cemetery in Markhalivka, February 2026. Social News/Polina Palamarchuk
What is known about the creation of the National Military Cemetery?
In fulfillment of the instructions of Prime Minister Denys Shmyhal, on October 27, 2022, the Kyiv City Council instructed the Department of Urban Planning and Architecture of the Kyiv City State Administration to develop a detailed plan of the territory for the location of the National War Memorial Cemetery in the “Lysa Gora” tract.
Environmentalists and activists were against the location of the memorial there. In November 2022, a petition was registered on the Kyiv City Council website, which the Kyiv City Council did not support.
In January, Prime Minister Denys Shmyhal instructed several ministers and city officials to find a new location to create a national military cemetery in Kyiv instead of Lysa Hora.
Subsequently, the Kyiv City Council allocated an 8-hectare plot of communal forest on Brovarskyi Avenue in Bykivna. However, part of the territory of the Bykivna Forest has not yet been fully explored and may contain undiscovered burials. Therefore, it is impossible to quickly build a memorial cemetery there, the National Historical and Memorial Reserve “Bykivna Graves” said.
In August 2023, the Cabinet of Ministers changed the construction site of the National War Memorial Cemetery. By July 30, 2025, the cemetery is to be built in the village of Hatne, Fastiv district, Kyiv region.
On December 8, the Verkhovna Rada generally supported the bill necessary for the construction and operation of the National War Memorial Cemetery.
Subsequently, the Cabinet of Ministers adopted a key decision on its creation, as well as approved the procedure for using state funds. We are talking about 515 million hryvnias, which are allocated for construction and operation in 2024.
A tender for the construction of the first stage of the NVMK was announced in early July 2024. The cost of the work is estimated at UAH 1.8 billion.
At the end of August 2025, the first burial ceremony of soldiers, whose names have not yet been established, took place at the cemetery.