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DerzhGeokadastr’s lease amendments prove non-binding

13.07.2016

Subject of complaint: DerzhGeokadastr, Kharkiv Oblast

Complaint in brief: A mid-sized farming enterprise lodged a complaint with the BOC claiming that its rights under leasing agreements for land use were being violated. The lease had been drawn up by the Kharkiv Oblast Main Administration of DerzhGeokadastr in October 2014 for 49 years and did not allow for unilateral amendments. In February 2016, however, the Complainant received two letters from DerzhGeokadastr about to negatively affect the company’s business.

Action taken: After examining copies of the leasing agreements, BOC investigators concluded that the Complainant was not obliged to accept any of the changes proposed by Kharkiv Oblast DerzhGeokadastr. To facilitate the issue, in April 2016, the BOC addressed the Ministry of Regional Development, Construction, Housing and Communal Property and DerzhGeokadastr with a request to review the actions of the Kharkiv Oblast agency. The issue was discussed with first Vice Premier Zubko as well. An official reply from these agencies confirmed that the acceptance of changes by the Complainant was not mandatory.

Result achieved: The Complainant has not received any more letters from Kharkiv Oblast DerzhGeokadastr and the investigation has been closed. The three land use agreements continue to be in force on the same terms as they were originally concluded.