Oleksandr Polivodskyy unveils secrets of legal practice on invalidity of land lease agreements

On 11 September 2019, the Bar’s High School provided a two-hour training session entitled ‘Invalidity of Land Lease Agreements: Theory and Practice. Advice for Attorneys.’   Sofiya Law Firm’s partner Mr Oleksandr Polivodskyy was a speaker of the event.

The expert covered, among other things, conceptual  issues (the concept of invalidity and material conditions of a land lease agreement), and presented an analysis of the problem of invalidity of land lease agreements as a matter of practice, from a perspective of government authorities, including:

- criteria for assessing an agreement and common reasons behind claims;

- grounds for invalidity of agreements, as specified in the Supreme Court’s decisions;

- arguments used by tax authorities and possible objections thereto; and

- landmark judgments of the European Court of Human Rights and legal views expressed, which should be used in controversial cases.

Legitimate expectations are an asset that is a subject to judicial protection
Although the civil law of Ukraine limits the notion of "property" to a particular thing, as well as to property rights and obligations, at the same time, human interests related to certain legitimate expectations are already protected in Ukrainian courts.

The moment of entry into force of the land lease agreement: 5 aspects that should be considered in land disputes
The current case law in land disputes indicates that one of the key problems today remains determining the moment when the land lease agreement enters into force. Due to the ambiguity of the approach, this issue has repeatedly become the subject of examination by the Grand Chamber of the Supreme Court.

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