Real Estate, Construction, Land
The highly reputable Ukrainian office of Baker & McKenzie continues to secure market recognition. The Kiev branch of the international player is in favor amongst the vast number of international and local clients, including financial institutions and investment companies, embassies, hotel groups, retailers, major industrial players. The broad scope of expertise includes dedicated advice on acquisitions of real estate, residential and office premises and land plots; real estate and land lease; land rezoning issues; tax and legal issues of operation of trade centers and construction; development projects in retail and mall sectors; diverse regulatory assignments, etc. The team recently advised Vertex Hotel Group project in negotiations with Starwood Hotels and Resorts Worldwide Inc. to manage Vertex’s Hotel Bristol in Odessa under the famous Luxury Collection brand. The real estate and construction practice is headed by Serhiy Piontkovsky, who enjoys an excellent reputation as the leading lawyer on the Ukrainian market. Lina Nemchenko remains a respected individual in the market.
In 2013 DLA Piper managed a variety of projects in the sectors of retail, renewable energy, ports and other industrial facilities, as well as regularly handled land-related matters within complex acquisitions and construction projects. As for the retail-related projects the team provided full legal support to an international DIY hypermarkets chain Leroy Merlin and an international supermarkets chain BILLA on various possible types of transactions structuring — be it acquisitions, lease or construction — for further expansion of clients on the Ukrainian market. In 2013 the second hypermarket of Leroy Merlin was open in Kiev under the support of the team, and the third one is going to be open in 2014. Among other important projects are support to Nivki City, a Ukrainian developer, in its sale of land plots to another local developer for further development of a shopping mall and in a number of other transactions; advice to DCH, a major Ukrainian financial and industrial group, on its investment in Karavan megastore shopping centers in Kiev, Kharkov and Dnepropetrovsk (including English law advice). The team also provided legal support to Starwood Hotels and Resorts Worldwide Inc., a major American hotel operator, with regard to the management of the famous Hotel Bristol in Odessa. In two major port projects in Ukraine connected with possible construction of port terminals, the team was attracted for its land law advice. Natalia Kochergina, practice head, won the respect of peers. Dmytro Pikalov, senior associate, provides key input.
Arzinger possesses sizeable portfolio encompassing large scaled commercial and industrial property projects, real estate acquisition, construction, land, mortgage, lease, etc. The firm is a preferred choice by foreign investors seeking support in different regions, and the national network of Arzinger’s offices is watched as a far-reaching advantage. The real estate and construction group rendered legal support to a Ukrainian development and investment company BudHouse Group in connection with the acquisition of the shopping center and implementation of an investment construction project in Western Ukraine. In the retail sector, the firm handled representation of an international construction materials supermarket network in connection with the implementation of a major investment project on the construction of a new hypermarket in Kiev. The firm is among the top counsels in the hotel industry, advising Marriott, Artbuild Hotel Group, Louvre Hotels Group. Arzinger receives a steady stream of queries related to land operations, including allocation, purchase and sale transactions, environmental issues and subsoil use. Lada Shelkovnikova is deeply involved in advising the hotel industry. Timur Bondaryev, managing partner, is known for his broad expertise and being business generator of his team. Andriy Selyutin, Arzinger’s head office and its South Ukrainian branch, and Svitlana Teush, Stanislav Gerasymenko made the key input.
Vasil Kisil & Partners enjoys remarkable market recognition and is regularly attracted for handling complicated M&A work, real estate acquisitions, construction support, infrastructure and development projects, general land advice. In the outgoing year the firm advised Arricano Real Estate Plc, major operator and developer of shopping malls in Ukraine, in the preparation to the listing at AIM, London Stock Exchange. Among long lasting project of the team is the on-going advice to Seven Hills, a Ukrainian branch of international real estate subdivision of BSG Investments — Scorpio Real Estate, on their first Ukrainian residential development project Park Avenue. The firm commends work in the mining sphere and advises China’s largest producer of electrolytic manganese Hubei Changyang Hongxin Industrial Group Co., Ltdon developing the manganese deposit in Ukraine covering all real estate and land issues of the project. The client roster includes Pioneer Hi-Bred International, Inc., Du Pont Corp.,Epicenter-K Group, Ukrainian Development Partners, U. Dori Group Ltd (Israel), Delim B.V. (Netherlands). The team is led by pre-eminent partners Oleg Alyoshin, Alexander Borodkin and Natalia Dotsenko-Belous, counselor.
Gramatskiy & Partners successfully support construction projects in a great number, including investment projects in infrastructure sphere and public private partnership, construction of residential and commercial real estate and their further service. The team is known for its dedication to an expertise on domestic issues, long lasting presence work on construction projects. In particular, it renders full legal support to Seven Hills in the construction of business park Aeroport City; advising City Capital Group in construction of cottage area; handles continuous representation of Seven Hills, Scorpio Real Estate Group, onconstruction of residential estate Park Avenue. The land law practice encompasses purchase and sale matters, lease, change of purposiveness of land plots, projects of land management, judicial and extrajudicial settlement of land disputes, disputes with regulatory authorities regarding violation of land legislation, land tax charge and its payment. Ernest Gramatskiy, Yuriy Zabiyaka and Igor Reutov are the core of this well-established market team.
The strong focus of CMS Cameron McKenna on energy sector affects the dedicated practice of the office. The Kiev team provided EKOTECHNIK Czech, s.r.o., a Czech developer and investor, with due diligence of two solar power projects in Ukraine; advised Vestas, one of the world’s largest wind turbine manufacturers, with legal support on land, construction and other matters. The outfit is often chosen as a preferred legal counsel for construction finance, corporate and contractual issues advisory, infrastructure projects, hotel operations, etc. In 2013 the team acted for Smith & Williamson Corporate Finance Limited, in its role as nominated advisor and joint broker on the IPO of Arricano Real Estate Plc, the real estate developer in Ukraine on the AIM market of the London Stock Exchange. Daniel Bilak is a highly reputed individual on the Ukrainian market and peers appreciated his expertise.
Sayenko Kharenko secures a sizable workflow involving real estate and land law advice, such as performing real estate and land due diligences, structuring real estate acquisition deals, acquisition and lease of land plots, major real estate development project related to the construction of new premises, advising on real estate ownership, taxation and other regulatory and permitting issues, as well as handled real estate and land related litigations. In particular, the firm represented Citi Venture Capital International and Apollo, private equity firms, on the acquisition of three shopping malls in Kiev, Kharkov and Dnepropetrovsk operating under the Karavan trademark; advised the Russian real estate management company on registration of ownership rights to real estate property located in Crimea. The team advised one of the largest retailers in Europe on its five investment projects in Kiev and Donetsk for the construction of shopping malls. The dispute team represented the client in a court case over investment made into real estate — a major hotel in Kiev downtown. The international arbitration team led by partner Tatyana Slipachuk represented the foreign participant of the construction project in Ukraine in UNCITRAL arbitration. The core real estate team includes partners Sergey Pogrebnoy, Nazar Chernyavsky, Vladimir Sayenko, Michael Kharenko, counsel Konstantin Gribov,and senior associate Anton Zhdanov.
Avellum Partners forms its workload from its extensive M&A track record followed from foreign investors and major agrarian agro-industrial holdings. In 2013 the team advised shareholders of Karavan Real Estate on all aspects of the sale, supported shopping and entertaining centre on all issues of its activities. In the agrarian sector, the firm advised Kernel Holding S.A. regarding acquiring of 80% interest in a farming business and A1 on acquisition of three agricultural enterprises in Ukraine. It is noteworthy that in the past year Avellum Partners has been hired for complicated lease issues advice. The 8-lawyer team is led by partner Kostiantyn Likarchuk and managing partner Mykola Stetsenko.
Dentons maintains its well-market positions in construction, advising on industrial real estate and infrastructure, acquisitions, lease, broad range of issues in the hotel business. The Kiev team rendered advice to a Russia-based TVEL Fuel Company in connection with construction of a nuclear fuel production plant in Ukraine and advice for Accor Group in connection with launch in Ukraine of the franchising hotel chain under brand Etap and other brands of Accor Group. The office follows with the strong performance of transactional work. The extensive client list of the firm includes 3P International Energy Corp., Noble Group, AgroGénération, Bonduelle, leading international hotel chains and developers. Myron Rabij, head of Dentons real estate practice in Ukraine, is vivid market figure, while Ihor Mehedynyuk contributed to numerous corporate projects. Anzhelika Shtukaturova, associate, is involved in land law advice.
Asters enjoys loyalty from solid clients and consistent workflow. The scope of recent workload included numerous files on negotiating and structuring of preliminary lease agreements regarding future leases; representing landlords and tenants with regard to leases of office centers, shopping malls, warehouses and logistics facilities, drafting lease agreements; operation and maintenance of real estate, structuring and drafting of servicing agreements; property management; acquisition of real property, legal due diligence of rights, limitations and history of the property; land privatization and rezoning; encumbrances, mortgages, restrictions on alienation, edsements (servitudes), and other third party rights. Practice leader partner Roman Kostenko adds market recognition points year over year.
Headed by counsel Ivan Trofimenko the team of AstapovLawyers international law group frequently consults clients on purchase and sale of commercial real estate, contractual and regulatory issues in the construction field, and acts in land and real estate disputes. The team was recently drawn by Multi Development Ukraine in construction of trade centers in Kiev and Lviv; and Solar Systems Development for power plant construction. Victoria Buzhor, senior associate, provides the key input to the practice.
Real estate group of Egorov Puginsky Afanasiev & Partners (EPA&P)is led by counsel Oleg Boichuk. The office supports clients’ initiatives on re-registration of real estate assets all across the country, real estate related disputes, lease of immovable property, acquisitions of real estate, due diligence of land plots and developers. Recent highlights include providing Codest Engineering with Ukrainian law advice on licensing regulations with regard to the client’s contemplated construction activities in Ukraine and advice to Mitsui & Co on novation of office lease agreement. Partner Ilona Zekely, Austrian lawyer,isactive across her particular client focus, and recently acted forKWS SAAT with respect to potential acquisition of assets, including real estate in Ukraine.
Given its strong dispute resolution matters expertise, Ilyashev & Partners is acclaimed as a premier firm for handling large scaled disputes. From the recent representations, the team acted for PJSC Shopping Mall Ukraine in a case initiated by the claim of Irish Bank Resolution Corporation Limited as to a mortgage object. Another important case was acting in the dispute between Grand Plaza and Renaissance Construction as to construction of hotel Marriott. Mikhail Ilyashev and Maksym Kopeychykov are central figures. Roman Marchenko is also mentioned by market insiders for subsequent litigation involvement.
Law Offices of OMP is a renowned legal counsel rendering land law advice in the agrarian sector. The dedicated team handled legal support to LNZ Group with extension of a land bank and acted for a UK investment fund in relation to acquisition of two agricultural companies; the total land bank includes about 40,000 hectares. Furthermore, the offices provided legal support to private investors on the acquisition of office center in Kiev. Mykola Orlov and Yaroslav Sverdlichenko are known names on the Ukrainian market.
Integrites demonstrates involvement in scaled projects of privatization and protection of title to the immovable property complex, lease of office facilities and land plots, disputes regarded pledged objects of immovable property. Landmark representation is acting for a Ukrainian subsidiary of the international banking group OTP Bank on its dispute versus a Ukrainian group of DIY retail companies on the litigation regarding the pledged commercial immovable property (shops, warehouses and office premises) located all over Ukraine. Over the last couple of years Integrites became a preferred legal counsel for foreign diplomatic authorities. In particular, the team advised the Embassy of Kuwait on acquisition of several objects of real estate in Kiev. In addition, it acted as a counsel to a Ukrainian subsidiary of one of the largest Russia-based investment groups A1 in the process of establishment, protection and formalization of title to the immovable property complex of an entertainment object located in the downtown Kiev. A raft of other prominent companies such as Farmak, Corporation Logos, Cisco in Ukraine are on the client list. Yaroslav Abramov, counsel, is a key contact on relevant matters.
Misechko & Partners, Ukrainian firm with sharp focus on dispute representations, is often attracted for litigation work. The firm has recently represented interests of LLC AK Samobranka-2 in the dispute as for prolongation of agreement on lease of land plot. Within the framework of real estate practice the team, as headed by the firm’s managing partner, Volodymyr Misechko, successfully accomplished projects to invalidate purchase contracts of residential premises located in downtown Kiev.
The Kiev office of Beiten Burkhardt continued handling projects in a range of sectors including retailer, energy, shopping centers and banks. In 2013 the team continued to advise BILLA on real estate construction and leasing issues for supermarket purposes; advised WKN Windkraft Nord AG on acquisition of land (lease and ownership) and development of wind farms in Ukraine; advised Sonae Sierra on shopping mall operation in Ukraine. A team of nine lawyers including partner Oleksiy Feliv, practice head, have joined the Kiev team of Gide Loyrette Nouel since1 January 2014.
The recent workload of Lavrynovych & Partners is featured with disputes, including contractual disputes, construction agreements, debt collection, etc. In 2013 clients often looked to the firm for advice on purchase of realty, lease, and construction. The firm supported setting up the first Petit-Bateau shop in Ukraine. Prominent client Kyivstar was consulted on land legislation and real estate issues. Iryna Marushko, partner, is head of land, real estate and construction practices.
Danevych Law Firm merged with Ulysses in December 2013 to become Marchenko Danevych. The projects of the amalgamated team have fallen a lot within energy sector. The team advised Afelio on various land and construction issues related to solar power plants development projects in Ukraine and Danosha on land issues related to a bioenergy project and receiving permission documents, including the green tariff. The team, as led by partner Borys Danevych, dealt with land lease agreements, and conducted pre-acquisition legal due diligence of several agricultural enterprises including analysis of land and regulatory matters and provided complex legal advice on fulfillment of the orders of State General Agricultural Inspection in the sphere of land usage for Dan-Farm Ukraine. Partner Oleh Marchenko became the head of real estate and construction practice, while Borys Danevych is dedicated to land law advice.
Clients benefit from Moris Group’s long-standing presence in agricultural sector rendering advice to major Ukrainian agro-industrial companies. The group, as led by Andriy Romanchuk, managing partner, has particular expertise on land bank issues and an acquisitions track record.
International Legal Center EUCON demonstrates diversification of its dispute specialization with particular focus on land-related instructions. The center continued to represent Avtonafta, LLC in trials with regard to the cancellation of a decision by Kiev City Council on the sale of a land plot. Other recent highlights saw the firm representing GPP in a dispute with the public prosecutor’s office in Kiev on lawfulness of allocation of land plots. Tatiana Samsina, senior partner, and Yevgen Petrenko, head of litigation, are the primary contacts. The team benefits from the individual performance of its scientific counsel Anatoliy Miroshnichenko, known for his deep knowledge ofUkrainian land law.
Konnov & Sozanovsky receives steady inflow of work from the established clientele, in particular, LLC Bayer, Kaolin Azov LLC, Film.ua, Embassy of Canada to Ukraine, LUSH Ukraine. Olena Kochergina and Leonid Gorshenin are the main specialists to take legal advice on land, real estate and construction issues.
The recent activity of FCLEX, a Ukrainian law company, illustrates its sharp focus on instructing major industrial clients as well as high volume disputes. In 2013 the firm provided Ferrexpo Belanovo Mining with due diligence in the development of a new mining pit. The team, as led by Victor Barsuk and Vyacheslav Kraglevytch, also advised Ferrexpo Eristovo Mining on construction of a mining and processing factory as well as water protecting and equipment repair facilities. On the dispute side, Ukrainian Pharmaceutical Centre was represented in a dispute over the land and two construction-in-progress objects in the centre of Kiev. Another notable project is USD 130 million debt recovery from the owners of the newly-constructed Gulliver mall.
Jurimex Law Firm is commended for its land law caseload, as well as construction projects. Throughout 2013 the firm acted for LLC Special Road Service in registration of lease right for construction of a road service centre and provided support on the construction of an entertainment and shopping center. Oleksandr Shyshkanov, partner, is the primary contact.
The Ukrainian office of Peterka & Partners is favored in advising Ukrainian subsidiaries of international companies about lease, construction, contractual issues. The firm provided comprehensive legal assistance to PSA Peugeot Citroën and its Ukrainian subsidiary in connection with negotiating leases for its Ukrainian headquarters and the related parking agreement. Another notable project is providing comprehensive legal support to Bigadan, a well-known producer of energy from biogas, on the construction of a biogas plant in Ukraine. Regus, the world’s largest provider of flexible workplaces, was provided with legal advice regarding aspects of legislation with respect to the transfer of proprietary rights to the leased buildings. Nina Sydorenko, partner, director for Ukraine, is in charge of the practice. Alexander Poels and Tetyana Kistynyuk were involved in recent project work.
Real estate and construction is an essential practice of Spenser & Kauffmann. The most frequent assignments from the past year included due diligence of property assets and land plots within its further acquisitions. Another notable highlight included sale-purchase of real estate in a CIS country and leasing of trade areas. Aleksandra Fedotova, partner, is the immanent practice head. The practice is regularly instructed by retailers, developers and the media sector.
Established in March 2013, Ukrainian firm Vox Legum positioned real estate and land law as one of its core practices. Since that the team led by firm’s partner Oksana Govorun provided legal support to Farmak, Ukrainian pharmaceutical company, in connection with state registration of real estate objects; and acted for LLC Pyryatyn delicacy, Ukrainian food company, in connection with land taxes imposition and recognizing as void land plot lease agreements. The young team has been chosen by foreign investors to give advice on a supermarket construction project.
The Kiev office of Wolf Theiss headed by Taras Dumych covers contentious and non-contentious matters. His team represented Rönesans Holding in a dispute under the construction agreement against Grand Plaza and advised a foreign-owned company on the sale of a land plot in Odessa to a large chain retail store.
ANTIKA Law Firm commends expertise in construction and development projects as well commercial lease. The team led by the managing partner Alexey Kot and partner Alexander Burtovoy advised its established client AWT Bavaria on construction of the new BMW Importer and Dealership Center in Ukraine. Another important mandate is providing East Gate Logistic with comprehensive legal support in drafting agreements on project documentation for performing repair works of auto-road to logistics complex, lease and the issues related to logistics complex reconstruction.
Attorneys’ Association Gestors is involved in property acquisitions and disputes. The team protected the ownership right of Atlas Ward Building Systems Ukraine, one of the market leaders in the design, manufacture and installation of steel buildings, to a land plot. Comprehensive instruction for the acquisition of the office building area in Kiev was another notable project of late. The team involves Vitaly Makhinchuk, managing partner, Oleg Maibozhenko and Volodymyr Bobryk.
The recent diverse workload of ILF includes providing Voyentorgservis with due diligence of legal status, structure and background of alienation of a land lot, including working out a strategy of counter measures against hostile takeover of assets and acting for Central Union of Consumer Associations of Ukraine in disputes over ownership rights to real estate. Olexiy Kharytonov and Olena Petrova are the main practitioners.
The Kharkov-based Kibenko, Onika & Partners is one of the most notable legal counsels in the dedicated region. Of late the firm has received numerous instructions relating to land loan agreements; represented the Velton Corporation regarding land plots located in the central part of Kharkov and that are to be used for exploitation of the commerce and office centers; executed legal support of loan agreement as to land plots used for the exploitation of large Ukrainian sugar trader storages. Partner Yaroslava Onika is the primary contact.
The Dnepropetrovsk-based Law Firm Dynasty demonstrates focus on administrative proceedings, title protection disputes, tenancy support and construction projects. One recent work highlight saw the firm keeping on to act for Slavutych LLC in an administrative dispute with state bodies regarding large-scale lease of land. The practice team was busy with supporting Alef Estate Development Company on construction of large trading center in Dnepropetrovsk and protection of the legal title of Vasil, a first-rate sport equipment producer, to frontage line property, located in the central part of Dnepropetrovsk. At the invitation of the Dnepropetrovsk regional council the firm has been involved in legal support of the construction of social project in a new micro-district in Dnepropetrovsk. Partners Denys Myrgorodskiy, Yevheniy Smiyuha, Viacheslav Kohlyakov and Anna Poddubnaya, headed the teams.
Pavlenko & Poberezhnyuk Law Group acted for Veda Corporation on lease contract and advised on land law in connection with the dispute on property rights to the land plot located in Kiev. Larysa Poberezhnyuk, partner, is the main contact.
The team of IMG Partners, as headed by managing partner Ihor Melnyk, is involved in supporting the purchase of scale land plots and issues of implementing a project to construct accommodation and a mall in Ukraine.
КМ Partners was particularly deeply involved in land law projects, as well as construction matters including, advisory and disputes. The firm is a leading light for its tax expertise. Maxim Oleksiyuk, partner, has been involved in practice over many years.
Legal Alliance Company was marked with its recent ecology related project, inter alia, protection of environmental and other constitutional rights of the territorial community in the development of Lake Telbin. Andriy Gorbatenko, associated partner, brought major input.
The Odessa-based ANK Law Firm is traditionally active in major port infrastructure projects. The firm acted for LLC Brooklyn-Kiev in an investment project to construct a terminal on plant oils transshipment at the Bread harbor of Odessa port and Moebius Construction Ukraine Ltd in connection to the construction of the first, second and a new part of the third line of a sea channel in Port Yuzhny. The firm’s managing partner, Alexander Kifak, is one of the most well-known names for the infrastructure sector.
Juscutum Attorneys Association was boosted by clients’ assignments throughout 2013. A noteworthy project is acting for the SportLife fitness clubs regarding the lease of facilities. Land acquisitions and land lease constituted land law advice provided by the firm.
Vladyslav Kysil, partner of KPD Consulting, is another visible notable individual on the Ukrainian market. Schoenherr advises an Austrian-based international investors’ group in connection with several ongoing real estate projects in Ukraine. Aleksey Pukha & Partners provided legal support to State Eterprise Ukrkhimtransamiak for obtaining construction permits. Legitimus Law Company and its partner Nikolay Ochkolda received referrals from peers. Lexwell & Partners advised the Ukrainian subsidiary of Toyota in terms of preparation and legal support of the conclusion of the storage services agreement between Toyota and Kuehne + Nagel.
Taras Shevchenko Kiev National University, Ukraine. Master in Law.
Mr. Syutkin has over 10 years of work experience in big Ukrainian and foreign companies as a legal department manager. He has extensive experience of the public sector and has been involved in developing and implementing major projects on multi-million debt return to public companies.
Mr. Syutkin has a lot of successful cases on counteraction of unlawful (raider) seizure. He specializes in mergers and acquisitions, competition and corporate law. He has successful experience in resolving the most problematic judicial cases. He also advises clients on real estate transactions and provides effective integrated support of various real estate projects.
Mr. Syutkin has worked on developing unconventional patterns of investment protection.
He founded and headed Syutkin & Partners law firm in 2006.
M&A, Bankruptcy and Debt Restructuring, Real Estate, Assets Securitization, Litigation, Corporate Law, Tax
Ukrainian, Russian, English