Real estate and construction
TOGETHER WE WILL MAKE THE IMPOSSIBLE POSSIBLE
Booklet services“We practice individual approach to our Client’s every problem while responding to changeable economic situation and business needs”.
Real Estate & Construction
Complex legal support in real estate and construction is one of the key practices of Pavlenko & Poberezhnyuk Law Group.
Our main working principles are: prompt response, strategy forecasting several steps in advance and approaching the most efficient ways of any legal matter settlement.
Retaining of long-term relationships with our business partners has always been a matter of great value for Pavlenko & Poberezhnyuk Law Group. Respect and understanding of your goals and objectives as well as your business processes are among our main priorities.
We offer legal services in the following directions:
Real Estate Purchase and Sale
Pavlenko & Poberezhnyuk Law Group’s experts are ready to provide a full range of law services throughout the entire procedure from acquisition/sale transaction planning to real-estate title registration. Our services include:
structuring of real estate acquisition/sale transactions including tax planning, building up corporate structure, defining optimum tax jurisdictions;
elaboration of real estate protection scheme taking into account all risks and economic and political situation;
due diligence including complex expertise as to real-estate property title, landlord, encumbrances and third party rights, identification of possible judicial risks;
attracting investments and raising finance including bank loans, assisting during negotiations;
legal support in real estate privatization, arranging relevant documentation, liaison with state bodies;
legal support for tender and auction procedures including arranging documents, representation of interests, protection of results;
elaboration of schemes securing liabilities and protection of property rights;
object evaluation;
arranging documents including pre-negotiation and negotiation relations;
registration of property title;
protection of out-of-court interests (mediation);
legal protection of asset rights.
Land Rights
Pavlenko & Poberezhnyuk Law Group takes an active part in development of land-right legal acts being a member of the draft-law think tanks. We offer our clients a wide range of land law services, maintain close liaison with power bodies which enables our specialists to promptly respond to any changes occurred and allowing for new trends provide for unconventional decisions to meet business requirements to the best advantage. The following are our services:
formalization of land property and lease, assisting from project stage to title registration;
development of optimum scheme for ‘problem’ land plot title registration;
legal support for property right to land acquired at tenders (lease, superficies, emphyteusis), arranging relevant documents, liaison with government bodies, protection of results;
changing of land zoning or category;
registration of land plot to inhabited locality boundaries;
protection of land property right including development of optimum owner’s corporate structure;
due diligence, complex evaluation of possible encumbrances and risks in consideration of inhabited locality development plans;
drawing-up easements including judicial ones;
re-registering real property rights in case of real estate conveyance;
attracting investors and finance, assisting during negotiations;
preparation of defence including judicial defence, assessment of judicial risks;
out-of-court land dispute settlements including mediation and holding negotiations with power bodies;
appealing against officials’ and state bodies’ actions;
exercising of preventive judicial measures and injunctions;
legal support for lawsuits, initiation of relevant lawsuits with possible involvement of state bodies.
Construction
Pavlenko & Poberezhnyuk Law Group has gained sufficient experience in providing legal support for construction projects. We provide complex services, from land plot selection to commissioning and title registration, and legal support at every stage of construction. We offer the following services:
licensing, preparation of documents, support for obtaining licenses;
support for tenders, preparation of documents, representation of interests, protection of results;
structuring of transactions in the process of construction, tax planning;
drafting and analyzing contracts, elaborating optimum ownership schemes based on protection of interests and minimization of risks;
legal appraisal and adjustment of international agreements to the Ukrainian legislation;
development of guarantee mechanisms to secure fulfillment of liabilities;
optimization of construction finance, elaboration of optimum schemes and instruments to support securities’ issuance, registration and placement, legal support for corporate bonds and FREO certificates payments, financial companies’ registration and licensing for FFC and FREO management, drawing full set of agreements, and complex support for FFC and FREO from project commencement to its close-out;
legal support at all stages of project development and construction, support for object reconstruction including obtaining data-out, approval of project documentation, project expertise, registration of work commencement declaration, obtaining permission for construction works, object commissioning, registration of property right;
support for object re-planning;
commissioning, registration of title to illegal construction objects;
legal support during supervisory bodies’ inspections, appeal against inspection results;
judicial support.
Real Estate Management
The principal values for Pavlenko & Poberezhnyuk Law Group are its clients’ interests and business needs. We always take economic and political risks into consideration and offer legal solutions based upon the current situation in real estate market. Our team is ready to develop optimum legal, administrative and financial mechanisms for enhancement of real-estate management profitability and efficiency. The following are offers:
real-estate crisis management including due diligence of existing management and contractual relationship schemes, optimization of management schemes, enhancement of management efficiency through financial and legal mechanisms, management of mortgage objects, attracting investors;
management auditing, development of optimum object management structure;
development of corporate management scheme, defining of optimum jurisdiction;
tax planning, optimization of existing structure and management system taxation;
financial expertise, risks assessment, elaboration of optimum financing schemes;
elaboration of restructuring mechanisms for problem mortgage secured loans;
drafting contracts, holding negotiations with tenants and service companies;
out-of-court dispute settlement, mediation;
judicial defence.
Public Private Partnership
Development of public private partnership is one of the paramount tasks for the effective state infrastructure growth. In 2010, after long discussions, the Law of Ukraine On State-Private Partnership was adopted. The Law Group experts had been involved in the Law drafting process. Compliance with the public private partnership principles, maintaining the balance of the state and business interests, risk minimization and maximal protection of interests are main priorities for our specialists during project implementation. Our services include:
legal support for implementation of public private partnership projects, including GR, drafting laws, cooperation with state bodies aimed at law elaboration;
representing state and private parties, conducting negotiations, building up effective mutual cooperation;
preliminary analysis of project risks, financial analysis of investments and revenues;
support for tenders, preparation of documents, counseling for tender procedure;
creating optimum cooperation mechanisms within public private partnership, minimization of risks;
structuring of financial relationships, tax planning;
defining optimum cooperation schemes, providing support for making agreements including those of franchising, joint activity, product distribution with due regard to maximum protection of partners’ interests;
legal support at all levels of public private partnership projects’ development;
judicial defence.
Pavlenko & Poberezhnyuk Law Group’s recognition:
The Legal 500 EMEA recommends the company in Corporate Law and M&A sector in Ukraine and nominates Larisa Poberezhnyuk, partner with the Group, as one of the experts in Real Estate and Construction, 2011;
The PLC Which Lawyer? recommends the company in Corporate Law and M&A in Ukraine, 2011;
The Legal Experts EMEA mentions Oleksandra Pavlenko and Larisa Poberezhnyuk, partners with the Group, as experts in Litigation, Corporate Law and M&A in Ukraine, 2011;
The 50 Leading Ukrainian Law Firms rating by Legal Practice newspaper recognizes the company as one of the leading law firms in Ukraine, 2011;
The Top-100 Rating. Business Leaders of Ukraine includes the company among 25 leading law firms in Ukraine, 2011;
The Client’s choice All-Ukrainian research of Yuridicheskaya Gazeta recognizes Larisa Poberezhnyuk as one of the leading lawyers in Ukraine in Real Estate, Construction and Land Law, 2010;
The Guard rating magazine, Kontrakty publishing house, includes the company in the list of finalists of the Ukrainian Top15 Law Firms in Real Estate, 2010.