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D&U Partners defends the interests of the National Medical University of O.O. Bogomolets in land conflict.
19.11.09 17:28:14


D&U Partners defends the interests of the National Medical University of O.O. Bogomolets in land conflict.

One of the high-profile cases, which have recently engaged the counsel of our company, is representing the National Medical University of Bogomolets in a dispute about the right to the land area of 10.0 hectares, located in Koncha Zaspa. The land, which is located in exclusive place on the bank of the Kozynka River, remained practically the last section of this scale in this region that is not privatized. Kozynka town council is trying in court "to correct the situation”, recognizing invalid state act on the right of permanent use of this site, issued to the university, claiming that the land is within the village Kozin, while the state act issued by Obuchiv district administration. At the same time, any documents in support of urban boundaries of Kozin and the fact of land within the settlement town council does not provide due to their absence.           

Court of first appearance considered the case with unprecedented violations of substantive and procedural law. The judge, who satisfied the claim, during the trial, did not even make an oath of the judge. His decision, fully made during the lunch break, not only invalidated the state act on the right of permanent use of land, which generally cannot be subject to judicial review, but "return" the land to the land of reserve of Kozynskiy village council, although it has never been there.

Instead, the court of appeals is considering the case for several months (Review time extended by the request of the parties), trying to establish objective truth in the case, despite significant pressure on it. Thus, during the trial, by the statements and complaints of University were conducted several inspections found incorrect and revoked information of the state land management, that was the basis for the decision of first instance. The official was brought to justice, guilty of providing false information. At the request of the General prosecution, case came to the prosecutor of the Kiev region.

Although the president judge, who took an active and impartial stance in reviewing the case, has been changed in the chair by statement of Kozynskoyi village council and took an active and impartial stance in reviewing the case, National Medical University of Bogomolets hopes for a fair hearing and making an objective decision.