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Vasil Kisil & Partners Successfully Represent Rele Construction Company in a Dispute Related to the Termination of a Land Lease Agreement

14/ 02/ 2018
  Vasil Kisil & Partners have successfully represented Rele construction company for the second time in a dispute with the Kyiv City Council related to the premature termination of a land lease agreement. Both the Court of Appeals and the Cassation Court have acknowledged that, after finishing the construction and commissioning of the building, a good-faith lessee of the land plot leased out for construction and maintenance of that building is entitled to rescind the land lease agreement. In view that the title to the premises in the building constructed by the lessee and the right to use the land plot has passed to the new owners of the premises in the building, the courts have arrived at a conclusion that the long-term land lease agreement must be prematurely terminated. As a result of premature termination of the long-term land lease agreement made for 49 years, the construction company no longer has the duty to pay the rent for another 30 years for the land plot it is not actually using. The project team included partner Oleg Kachmar, senior associate Yuriy Kolos, and associate Oleksandra Bortman. Rele Science and Production Firm specializes in the construction of the residential and commercial property. ### 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.

Vasil Kisil & Partners have successfully represented Rele construction company for the second time in a dispute with the Kyiv City Council related to the premature termination of a land lease agreement.

Both the Court of Appeals and the Cassation Court have acknowledged that, after finishing the construction and commissioning of the building, a good-faith lessee of the land plot leased out for construction and maintenance of that building is entitled to rescind the land lease agreement. In view that the title to the premises in the building constructed by the lessee and the right to use the land plot has passed to the new owners of the premises in the building, the courts have arrived at a conclusion that the long-term land lease agreement must be prematurely terminated.

As a result of premature termination of the long-term land lease agreement made for 49 years, the construction company no longer has the duty to pay the rent for another 30 years for the land plot it is not actually using.

The project team included partner Oleg Kachmar, senior associate Yuriy Kolos, and associate Oleksandra Bortman.

Rele Science and Production Firm specializes in the construction of the residential and commercial property.

###

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.

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