The Commercial Court of Kyiv declared a fictitious contract of easement, concluded between the Chernihiv Regional Council and the company "Riel Ko.", Which is associated with the family of exmer Chernihiv Vladislav Atroshenko. The court obliged the company to return the land plot of 0.05 hectares, located near the building of the Regional Council.
It is about the territory on the avenue of peace, 43 - directly near the regional council. In 2021, Riel Co., The beneficiary of which is the wife of the former mayor Irina Atroshenko, was granted the right to use this land on the terms of the easement allegedly for the arrangement of the parking lot. The easement was set for 49 years, and in 2024 it was extended until 2027.
“Reil ko.” She argued that the main rented area (0.25 hectares), where the Black Wood Tower shopping and office center is erected, there are no parking spaces-16 seats in the open area and 15 in underground parking. Therefore, they say that the company needs an additional plot near the regional council.
However, the prosecutor's office proved in court: the company did not provide evidence that the location of the parking lot is impossible in another territory, and on the official website of Black Wood Tower indicated that there is already an underground parking in the complex.
The prosecutor's office stressed that such transfer of land actually hid the lease, which was to be made open and in accordance with the current legislation. In this case, the easement was used as a legal scheme that allowed to bypass competitive procedures and in fact to "remove" part of the land from community control.
The court fully agreed with law enforcement agencies and declared an easement agreement dated October 1, 2024. The company was also obliged to return the land to the property of the Chernihiv Regional Council.
This decision can be an important precedent in combating the hidden business excavation of communal land under the guise of "maintenance", which is widely used throughout the country.
