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Judicial protection of the land plot lease right
in disputes regarding invalidation of decisions on lease of the land plot as well as invalidation of lease contracts
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The well-established red-tape system of the governmental and local authorities as well as the corruption element in administration of state-owned and municipal land plots have long been a fact of common notoriety. In these conditions, businesses have to waste unreasonably lots of time to obtain a state-owned or municipal land plot for use (lease). In fact, the businesses that are ready to invest into development of the urban infrastructure of Ukraine have to additionally spend money and time to receive such opportunity.
After the necessary decision of the local authority on lease of the land plot is received, all you have to do is to sign the contract and use the land plot under the terms and conditions thereof.
However, such decisions on lease of land plots as well as land lease contracts themselves are often subject to litigation. Several main aspects can be emphasised based on our many years of experience in participation in litigations related to lease contracts.
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The first one is that such disputes are mostly initiated by the prosecutor’s offices and business competitors via pseudo-activists or residents of the specific neighbourhood or area when it comes to the land lease decision. Claims for termination of lease contracts are often filed by the authority that has decided to lease out the plot.
The second one is that grounds for such claims can be both numerous real arguments and non-existing ones, from the procedural violations made during the decision-making up to unlawful change of the land category or violation of terms and conditions of the land lease contract.
In any case, in case such claims related to lease relations are granted, the only one suffering moral, financial and resource losses is the lessee, i.e. business. In fact, all the time spent to lease the plot, the funds invested into the design documentation can be brought to nought with no compensation or refund, including the lease charges.
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Such major risks urge to engage a legal counsellor in case there is a business and land litigation. Timely involvement of legal counsellors and team efforts to collect evidence and develop the legal stance will result in the positive outcome of the hearing.
The team of TOTUM Law Firm has a broad experience in litigations related to lease legal relations, including as to invalidation of decisions or termination of lease contracts. The well-developed action algorithm for defending our Clients’ rights in this category of cases enables us to promptly start the work and defend our Clients’ rights in court with adequate quality and confidence.
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Legal assistance in a short time
Our completed projects
Stolychny Kyiv Factory of Sparkling Wines PJSC
In the shortest possible time, one of the largest Ukrainian wine manufacturer was able to reduce the cost of payment for land by amending the information on the code of intended use of the land in the State Land Cadastre.
K.A.N. DEVELOPMENT LLC
Faina Town RC is a prominent example of the modern approach to housing construction. Our company was also involved in the design of this RC.
UNIT HOLDINGS LLC
Our company conducted a comprehensive legal audit of the current state of land use for City-in-City, developed legal mechanisms for registration of rights to land with the desired intended use for urban needs in accordance with the approved urban planning documentation (DTPs), taking into account the need to optimise the land fees in the future.
Wog
Advising on taxation of land rent and land tax.
Avtosoyuz
Legal support for registration of the right to a land plot on Lybidska Square in Holosiivskyi district of Kyiv of a company belonging to the Avtosoyuz Group, official Volkswagen dealer in Ukraine.
Avtoland Group
Cancellation in court of an illegally accrued amount of taxes, insurance premiums and penalties totalling UAH 1.4 million.
Sobi Club
Advising on the application of urban planning legislation and support in obtaining permits in construction.
British Motors Ukraine
Support of registration of the interest to the land plot of the company which is a part of British Motors Ukraine Group, located at 21A Kirovohradska Str. in Holosiivskyi district in Kyiv.
Kovalska ICG
Bringing the Decision of the Kyiv City Council On the Transfer of Short-term Lease of Land for the Construction of a Residential Complex in compliance with the Law of Ukraine On Regulation of Urban Development in court.
KAN Development
Legal support of division and change of purpose of the land plot in the Dniprovskyi district in Kyiv.
Agromat
Advising on compliance with urban planning legislation and representation of interests in relations with public authorities and local governments.
POZNIAKYZHYTLOBUD PJSC
The law firm helped one of the largest Ukrainian developers specialising in the construction of elite residential complexes to renew the lease of land in the shortest possible time.
Beton Compleks LLC
The lease of the land for one of the leading manufacturers of construction materials and developer of Ukraine was renewed in the shortest possible time given the specifics of the conditions that were registered in the Client’s documents, including encumbrances in the form of arrest.
Ukrtara
Advising on enterprise transformation and corporate governance optimisation.
INDEPENDENT BUREAU OF INVESTIGATION NGO
Legal support of the incorporation, state registration and changes in the management structure.
Hippocrates
Advising on management optimisation and making changes to the constituent documents. Protection of intellectual property rights and consulting on Hippocrates trademark registration.
Dniprovska Riviera
Judicial protection of the right to lease a land plot in Holosiivskyi district of Kyiv.
Arkhitekta Creative Architectural Workshop
Judicial protection of the right to use a land plot in the Obolonskyi district of Kyiv.
Kiev Vegetable Factory
Advising on the division and change of the intended use of agricultural land for urban needs.
Sobi Club
Support of registration of the interest to the land plot.
Our awards
Our company is a leader in the Ukrainian and foreign markets. We are committed to ensuring a higher level of service and implementing the best practices of law firms
Featured in the LEGAL 500 international rating
In Real Estate and Construction field
According to the Liga Zakon Awards
Winner in the Construction and Real Estate category
Law Firm of the Year
According to the Ukrainian Real Estate Club
TOP 50 Legal Practice
5th place in Real Estate Practice category
5th place in Land Law category
Customer reviews
DNIPROVSKA RIVIERA
“In the seven years of our cooperation, I have never regretted choosing this company as a legal advisor. During the whole period of stormy trials that befell us, the team at Totum has always effectively defended our interests, both in conflicts with law enforcement agencies and in attempts to raid our business.”
AGROMAT
“The rapid development of our business has necessitated the expansion of our capacities. Totum’s team of legal advisers professionally provides us with legal support for these processes.”
OBOLON YRC
“An experienced team of professionals and masters of their craft. More than once they helped us resolve land issues, including extending the term of land lease agreements, conducting division procedures, allocating land plots, preparing the necessary documents for concluding agreements and protecting the company’s interests in court.”
KOVALSKA ICG
“Kovalska Industrial and Construction Group would like to express its respect and sincere gratitude for many years of fruitful cooperation, when the experts of TOTUM Law Firm have established themselves as a team of top professionals ready to provide quality and professional legal support in the most difficult issues.”
BORYSPIL INTERNATIONAL AIRPORT
“We would like to express our sincere gratitude personally to the partners and lawyers practising Land and Agrarian Law for conducting thorough and highly professional analytical work on the possibility of expanding the airport.”
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Our clients:
KAN Development
Agromat
WOG
Kovalska ICG
KFC
Auchan
Epicentr
IMPERIAL TOBACCO PRODUCTION UKRAINE JSC