06.10.2015

The right to lease the land

Actions of local councils/municipalities: Allocating land plots Kyiv region

Complainee: Kyiv City State Administration (KCSA), Kyiv Minicipal Council (KMC)
Complaint in Brief: On 16 June 2015, a big private enterprise with foreign investment turned to the BOC. Allegedly, since 2007 the Complainant has been making numerous attempts to reenter into the land lease agreement with the KMC, but these attempts failed due to the bureaucracy and inactivity of the Kyiv municipal officials. Besides, BOC had grounds to consider that the officials from the KCSA intended to “speed up” the resolving of the case by means of “extra remuneration”. 
Actions taken: After examining the regulatory base and all the supporting documents the BOC investigators determined that the Complainant had all legal  rights to prolong the land lease of the land plot. The BOC representatives conducted negotiations with the Land Department of the KCSA. On 10 July 2015, BOC submitted recommendations to the head of KCSA asking to  include the issue on granting the land plot into the lease into the agenda of the nearest session of the KMC and support it.  
Result achieved: On 26 May 2015, the Land Department of the KCSA approved the draft decision of the KMC on granting the land plot into the lease. Later on, during the session of the KMC on 10 September 2015, deputies supported the decision on granting the land plot into the lease to the Complainant. 

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