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BOC facilitates establishment of a constructive dialogue between government and business

07.09.2018

Subject of complaint: Kozelets District State Administration of Chernihiv Oblast (Kozelets Regional State Administration (RSA))

Complaint in brief: On February 9, 2018, an agrocompany from Chernihiv region with a complaint against the top management of Kozelets Regional State Administration turned to the BOC. The company could not register lease contracts for land plots.
In August 2013, the company leased a land plot in Chernihiv region. Eight months before the contract expiration date, the company began to negotiate an extension of the contract. However, it faced certain difficulties. According to the Complainant, his appeals were ignored, personal appointments with the Head of Kozelets RSA were always canceled and postponed. Even after assurance in registration of lease relations it turned out that relevant land plots had been leased to another company for 25 years. The company was officially refused to lease, after which lengthy litigation began.
At the same time, in January 2018, contracts with the new lessee were early terminated. The company had hope of returning them. It was then that the Complainant turned to the BOC for support.

Actions taken: The Council’s investigator asked Kozelets RSA in writing to impartially consider the Complainant’s appeal followed by a reply in which an explanation of the reasons why the lease of land plots had been rejected was given. As it turned out, the parties had a number of outstanding issues (concerning the total area of cultivated land in the region, and even the amount of rent paid under previously concluded contracts), which did not allow them to reach an agreement and achieve a mutually beneficial result.
Therefore, the investigator arranged a meeting between the Complainant and top management of Kozelets RSA, in which the BOC acted as an Ombudsperson, due to which problematic issues were clearly identified and agreement on their gradual solution reached.

Result achieved: With the assistance of the Council, the parties have established a constructive dialogue. With all disputable points settled, the lease agreement was finally signed in July. The case was closed successfully.