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Vasil Kisil & Partners’ lawyers successfully represented the interests of the international in a land dispute with the prosecutor’s office
Vasil Kisil & Partners, Kyiv, Ukraine,Mon, April 27, 2015
Company’s attorneys represented the interests of “MultiVeste Ukraine 1” in a dispute with the prosecutor on declaring invalid thesale-purchase agreements of the land plot and declaring invalid state acts onthe ownership of the land plot. The dispute was concerning declaring invalidagreements on purchase-sale of land plot, which (before sale) was a communalproperty, in connection with the declaring invalid juridically the decision ofthe local council about the sale of the land plot.
The courts of first, appeal and cassation instancesagreed with the legal position of “Multi Veste Ukraine 1”.
The Local Commercial Court dismissed theprosecutor's claim in full. The Court found no reasons provided by law fordeclaring invalid the sale-purchase agreements of the land plot and statecertificates on land. The court also pointed out that a person cannot bedeprived of the ownership title on the land plot merely on the ground that thedecision of the local council on sale of the land plot was made with violationof the procedure set by the law and deemed invalid by a court.
While appellate reviewing of the decision of theLocal Commercial Court the Appellate Court stated the legality andjustification of the decision of the Local Commercial Court and upheld thedecision of the Local Commercial Court.
The Superior Commercial Court of Ukraine agreed withthe conclusions of the Local Commercial Court and the Appellate Court. TheCourt pointed out that the Local Commercial Court and the Appellate Courtcorrectly applied the law and the allegations of the prosecutor do not refutethe legitimacy of the court decisions made in the case.
The interests of “Multi Veste Ukraine 1” in courtwere represented by Vasil Kisil & Partners’ attorneys - Oleg Kachmar,counsellor, and Yuriy Kolos, leading lawyer, under the leadership of partnerAndriy Stelmashchuk.
“Multi Veste Ukraine 1” – is a subsidiary of MultiCorporation, a leading owner, manager and (re)developer of shopping centres inEurope and Turkey.
Multi Corporation, is a leading owner, manager and(re)developer of high quality shopping centres across the whole Europe andTurkey. As a well-capitalised, growth-oriented, retail platform, Multi isfocused on creating, managing and improving sustainable rental income. Multi’sprojects are often the catalyst for economic growth and social regeneration of citiesand regions. As of January 2015 Multi owns and/or manages 82 shopping centres.