BIONIC Hill will defend rights in court

BIONIC Hill Innovation Park appealed the decision of the Economic Court of Kyiv of October the 22nd, 2014, which invalidated land allocation for the project by the Kyiv City Council. To protect its interests in the second instance court the Park will cooperate with the international law company Gide Loyrette Nouel. Its experts conducted a preliminary case analysis and consider the legal position of the company to be strong.
“We reviewed the documents and decided to participate in the process. Gide Loyrette Nouel is an experienced company which has an extensive expertise in litigations on real estate and land allocation by local authorities. In our opinion, the Court’s decision, which denied the right of BIONIC Hill to a land plot, is arbitrary, and in so far as it refers to returning land in state property, it is even absurd.
The construction site for the project BIONIC Hill has never been a state property. It belonged to the city, and the decision on the allocation of this land was made in accordance with the Ukrainian legislation.  There are no reasons for cancellation of the Kyiv Council’s decision”, - said a partner of Gide Loyrette Nouel, Olexiy Pheliv, LL.D.
Since 2009 a housing cooperative “Zhytlobudservis” was the owner of the land plot (1A Ponomaryova Str., Kyiv; total area is 147, 11 ha). As the owner of the property of a disbanded military base #136, the housing cooperative received this land as a private property by the decision of the Kyiv City Council on the basis of Art.41 of the Land Code of Ukraine.
In 2012 the company repurchased the housing cooperative and reorganized it in BIONIC Land, LLC.
September 23, 2011 the Economic Court of Kyiv defeated the claim of the General Prosecutor’s Office of Ukraine for invalidation the decision of the Kyiv City Council on land allocation to the housing cooperative “Zhytlobudservis” as a private property, recognizing, thus, the allocation of land legitimate. 
February 5, 2014 the Kyiv County Administrative Court confirmed legitimacy of Kyiv Council’s decision to allocate the territory of the former military base for construction of the Innovation Park BIONIC Hill.
August 4, 2014 the Kyiv Appeal Administrative Court delivered the same verdict.
It should be pointed out that earlier public hearings were held and the project BIONIC Hill was agreed with the relevant departments of the Kyiv City authorities. The company operates in a strict conformity with Ukrainian legislation and possesses all the necessary documents for project realization. In particular, Certificate of Title under the Land Transfer Act; positive decision of the state expertise on project; construction permission; detailed plan of the territory, approved by the Kyiv City Council, providing construction of the scientific town as well as preserving of Belychanskyi forest nearby. Innovation Park’s territory belongs neither to Belychanskyi forest nor to any forestry.

Last edit: 10.11.14