Vasil Kisil & Partners represented Hongyang Metal Industry

Vasil Kisil & Partners represented the interests of Hongyang Metal Industry, an international investor into the manganese ore industry in Ukraine, in economic courts in land disputes with the prosecutor. Disputes concerned recognition as unlawful and cancellation of the orders of the Main Department of the State Agency of Land Resources of Ukraine in Zaporozhye region on lease-out of the state-owned agricultural land plots and change of their intended use towards manganese ore extraction and processing, as well as invalidation of land lease agreements. The prosecutor stated that the Department acted in excess of its statutory authority when it issued the orders to lease out the land plots and change their intended use, and therefore, the court should recognize these orders as invalid and cancel them and should also invalidate the related land lease agreements. The local economic court has dismissed the prosecutor’s claims in their entirety. The court has concluded that there were no grounds for recognizing as unlawful and cancelling the orders and invalidating the lease agreements. According to the legislative amendments of 2013, the State Agency of Land Resources of Ukraine and its territorial bodies are authorized to dispose of state-owned agricultural lands for all needs. The appellate economic court upheld the decisions of the court of first instance. The Supreme Economic Court of Ukraine agreed with the legal position of Hongyang Metal Industry regarding application of substantive norms of law and absence of grounds for recognizing as unlawful and cancelling of the orders and invalidating the lease agreements. Counsellor Oleg Kachmar and associate Yuriy Kolos under the supervision of managing partner Andriy Stelmashchuk have represented the interests of Hongyang Metal Industry in courts of all instances.