Some Positive Results
“In the past year legislators simplified the procedure of execution of ownership rights to land plots. Today the issue of state deeds of land ownership is only carried out on the primary market. On the secondary market the issue of new state deeds for the new owner of a land plot is no longer needed.
The ownership rights to land plots are certified by an agreement on land plot alienation or inheritance certificate accompanied with the state deeds of land ownership of the previous land owner. Parliament adopted a special law on alienation of land plots and other real estate properties located on them for public needs and for reasons of social necessity,” Oleg Klimchuk, associate with Noerr Stiefenhofer Lutz, notes.
Land law issues at Baker & McKenzie are handled by the real estate team led by Lina Nemchenko, partner, and Oleg Matiusha, associate. In 2009 the firm`s real estate team successfuly represented METRO Cash & Carry Ukraine on the acquisition of four land plots for METRO Cash & Carry shopping centers in Ukraine.
Within its real estate practice, Vasil Kisil & Partners has significant experience of advising clients on complex and sophisticated land issues. The most recent examples include buy-out and compulsory exemption of different types of lands for the purpose of constructing the first phase of the Kiev Ring Road on concession terms; advising Pioneer Hi-Bred International, Inc on rezoning and adjoining agricultural land plots, improving titles, regulatory procedures, supervising land management procedures, etc. Oleg Alyoshin, partner, Alexander Borodkin and Natalia Dotsenko-Belous, senior associates, are highly recognized by the market.
The 7-member real estate and construction team of Arzinger led by Timur Bondaryev and Anna Pogrebna gave advice on acquiring land plots and assisted an international retail chains, automotive trading and manufacturing companies, construction material manufacturers. Timur Bondaryev, senior partner, enjoys a good reputation.
Konnov & Sozanovsky recently provided legal support to foreign and Ukrainian legal entities as well as entrepreneurs and individuals on purchasing land plots in Kiev and Kiev Region; conducted legal due diligence of Yalta Film company, a major Ukrainian movie producer; advised Oriflame Cosmetics Ukraine Ltd on different day-to-day land issues. Vitaliy Pravdyuk and Dmitriy Sichkar have broad real estate and land law knowledge.
In 2009 the lawyer team of Asters was involved in a series of land projects, including giving advice to a leading agricultural company on acquisition of a land plot for construction of grain elevators. The firm also conducted due diligence of Ukrainian grain-crops producers with total land lease of appropriate 130 ha. Roman Kostenko, Armen Khachaturyan and Svitlana Poroschuk successfully managed land projects.
The real estate team of DLA Piper has significant experience advising clients on their transactions with land in Ukraine. The team recently advised a Swedish investment fund with respect to securing agricultural land plots all over the territory of Ukraine, and establishment of an optimized corporate structure for such investments. The firm’s experts also advised one of the biggest Ukrainian financial groups with respect to sale of a stake in an agricultural land project, including due diligence on the seller’s side, negotiation support, etc. Natalia Kochergina, partner, and Anastasiya Bolkhovitinova, senior associate, are leading practitioners in the Kiev office.
Gvozdiy & Oberkovych real estate lawyers advised foreign investors on the acquisition of several agricultural land plots in Ukraine and provided support on negotiations with respect to land acquisitions and land rights transfers for the construction of electricity and co-generation facilities in Western and Eastern Ukraine. Longstanding corporate clients LogisticSoyuzTechology and European Insurance Alliance were provided with ongoing legal advice on real estate law matters pertaining to the companies’ activities in Ukraine. Sergiy Oberkovych, Valentyn Gvozdiy, and Oleg Tarasiuk were mentioned as the firm’s key specialists for land law issues.
The workload of CMS Cameron McKenna in 2009 included advising a developer company on regulatory issues and the allocation of land for the construction of a wind park (180 wind turbines); a major international food products manufacture with respect to potential liability due to acquisition of a land plot contaminated with heavy metals as well as a major international home appliances manufacturer with respect to potential liability related to acquisition of contaminated land plots. Daniel Bilak, partner, Olga Zaplatinska, Olena Brodovska, Victoria Papenkova, were engaged in giving advice on land law.
In 2009 Sayenko Kharenko provided legal support to major foreign and Ukrainian development companies in land acquisitions for residential and commercial construction, as well as greenfield and brownfield investment projects across Ukraine. In particular, the team led by Sergiy Ignatovsky and Dmytriy Korbut has advised foreign investors with respect to the acquisition of a major land plot in the city of Kiev for a town-houses construction project; represented a client in a dispute over the land plot for construction of a shopping center in Lvov.
The practice of Spenser & Kauffmann law firm was concentrated on due diligence of 80 land lease agreements of a total area of 280 hectares within a deal on acquisition of a subsoil exploration field. Partner Oleksandra Fedotova, who heads the practice, led the team.
The Kiev office of Gide Loyrette Nouel focused its land law practice on assisting its clients — European companies in the investment field. The team covered a land issue which arose regarding a leading European seed producer establishing its agricultural business in Ukraine; a major European soft-drinks producer on prolonging its lease of a municipally owned land plot and the impact of a possible transfer of the land plot’s lease rights; advised the Ukrainian subsidiary of a foreign hypermarket group on the transfer of lease rights to 2 land plots in Kiev for the purpose of constructing a retail centre, etc. The projects are led by experts Karl Hepp de Sevelinges and Tetyana Bessarab.
Legal Alliance Company actively developed its land law practice with litigation matters in Crimea. The firm’s team of Irina Pustovitenko, Dmytro Tytarenko and Eugene Scheglov participated in a case on invalidation of a sale and purchase agreement and cancellation of registration of title in non-residential premises as well as a case against the Republican Committee for Land Resources of Crimea for recognition of illegality and cancellation of an item implying the obligation to perform certain actions.
INTEGRITES significantly strengthened its expertise in the field of land practice and extended the team. In 2009 it advised a leading international FMCG producers in respect of acquisition of land for plant construction and advised a blue-chip Asian developer regarding land purchase in the Ukrainian capital and other Asian investors interested in obtaining land for agricultural business. Olena Varenyk, Oleksandr Rudakov, Artur Yalovyy have experience of major transactions.
The real estate and land team of Andriy Kravets & Partners led by Vladyslav Lyaskovskiy provided legal advice on agreements on lease drafting of premises and entire buildings of different functions, lease of land and real estate to such companies as Cadogan Petroleum Plc, Estron Corporation Limited, TransBulkTerminal LLC. The firm’s lawyers also assist clients in resolving disputes regarding land matters and recently represented Cadogan Petroleum Plc in Ukrainian courts in a number of disputes related to protection of subsoil use licenses owned by the Cadogan group of companies.
ENGARDE has already acquired experience on land law in terms of real estate, corporate and litigation practices. In 2009 the firm acted for Hotel Karasan in Crimea in a lawsuit for an approximate value of EUR 2.5 million against the Prosecutor-General’s Office of Ukraine and the Council of Ministers of the Autonomous Republic of Crimea regarding illegal acquisition of land and represented the City Council of Ukrayinka, Kiev Region, in a lawsuit against Kiev City Council regarding illegal intentions of Kiev City Council to build a ring road for Kiev using land reserves located in Ukrayinka. Founding partners Andriy Vyshnevsky and Irina Nazarova showed successful handling land law issues and land disputes.
The team of Lexwell & Partners, in particular Andrei Kolupaev and Igor Nagai, have worked on legal assistance to Toyota-Ukraine as to execution of a contract to rent land plots.
As to the area of real estate cases, the lawyers of IMG Partners protected the interests of an Austrian investment fund in courts against the invasions to the right of land using on the sum of USD 8 million. Ihor Melnyk and Nikolai Struts were involved in the project.
In 2009 KPD Consulting represented Lastivka LLC (Illinsky Business Centre) in acquisition of the land plot in Kiev on the sum over USD 3 million. Vladyslav Kysil, partner, head of real estate practice, is the main contact.
Peterka & Partners provided comprehensive legal assistance to Catinvest S.A., a large French real estate developer, on acquiring land plots in Odessa Region (value of at least EUR 23.5 million). Alexander Poels deserves his place among the best practitioners in the firm.
ILF gave support to Sevastopol state city administration in a dispute on a claim of an individual who demanded recognition of illegal inactivity on the part of this administration in connection with transferring the rights to a 4.8 ha land plot in Sevastopol. Pravochin attorneys at law were recently involved in a claim from legal entities to local government offices as to land issues in Kiev and Poltava Regions. Alexandrov & Partners, a market player with particular focus on the agricultural sector, were recently involved in concentration of agricultural plots (about of 30,000 ha ) in Kharkov, Cherkassy, Kirovograd and Nikolayev Regions. Jurimex law firm recently participated in the purchase by Elzasel company of an agricultural holding with re-registration rights to plots of land.