For the third time, Vasil Kisil & Partners have successfully represented the interests of the construction company Rele in a dispute with the Kyiv City Council over the recognition as suspended the right to use the land.
In 1997, the client entered into a contract for the use of land for 49 years for the reconstruction of non-residential buildings in the historic centre of Kyiv. In the same year, the reconstructed real estate was transferred from the client to a new owner. However, for more than 20 years, the Kyiv City Council refused to recognise the termination of client's right to use the land plot and considered Rele as a user of this plot, resulting in a lawsuit.
Courts of all instances agreed with the arguments of Vasil Kisil & Partners’ lawyers that together with the transfer of real estate, the right to use the land also passes to the purchaser of real estate. It indicates a voluntary waiver of the previous user's right to use the land. As this right passed to the purchaser of the real estate, the claim was satisfied in full.
The court confirmed the termination of Rele's rights under the disputed contract and the lack of grounds for the Kyiv City Council and tax authorities to demand further payment from the client for the use of the land plot before the expiration of the contract.
Rele's interests were represented by the litigation team consisting of Oleg Kachmar, partner, Yuriy Kolos, counsel and Dmytro Derkach, associate.
Rele Research and Production Company specialises in the construction of residential and commercial facilities.
For more details please contact Olga Shevchenko, PR Manager
Tel.: +380 67 358 47 82
E-mail: shevchenko@vkp.ua
About the Firm
Established in 1992, Vasil Kisil & Partners is a Ukrainian law firm that delivers integrated legal advice in banking & finance, mergers & acquisitions, capital markets, antitrust, competition and trade, dispute resolution, tax law, energy and natural resources law, intellectual property law, labor and employment law, real estate and construction law, as well as PPP, concessions and infrastructure law. Vasil Kisil & Partners is a member and exclusively represents Ukraine in such international professional associations as TerraLex (160 law firms in 100 countries), Cathay Associates (40 high-profile law firms with over 500 headcount worldwide in 43 major cities and countries across Europe and Asia) and Ius Laboris (1700 labor and employment lawyers in 50 countries). Andriy Stelmashchuk is a managing partner of Vasil Kisil & Partners law firm.
