The official statement on land plot allocation for Allseeds Black Sea LLC signed by Oleksandr Borovik, acting as Deputy chairman of the Odessa Regional State Administration was placed on their web-site on 12.03.2016.
It states that Allseeds Black Sea has recently applied to Odessa Regional State Administration for assistance in order to settle the issue of the berths projects in Port Yuzhny.
Allseeds Black Sea would like to state the following.
Firstly Allseeds Black Sea applied to Odessa Regional State Administration not recently, but already on July 27, 2015 (application No.06/469 as of July 20, 2015; ref. No. 4301/02-23/01 as of July 27, 2015), i.e. eight months ago.
Secondly, Allseeds Black Sea applied to Odessa Regional State Administration for a permission for the land management project for a long lease of 49 years, and not with a request “to assist in settlement of issue on berths construction project in Port Yuzhny”.
Furthermore, in its statement Odessa Regional State Administration refers to some dispute, like “the essence of the land dispute was the fact that Allseeds Black Sea had to cross land of another private company for the development of its berth project. In its application Allseeds Black Sea didn’t provide the servitude agreements with adjacent land owners and agreed relevant project documentation.”
Allseeds Black Sea declares it has not any land dispute with anyone regarding crossing the land of other private companies on the way to sea water area.
According to p.2 Art.123 of the Land Code of Ukraine, the person interested in a land plot lease from state or municipal property in accordance with the land management project applies for permission for its development to the competent which as per Art. 122 are authorized to issue the permission for the lease.
The application should indicate the approximate size of the land plot and its designated purpose. Graphics with indication of desired land plot location and size, the land user written notarized consent (in case of land plot seizure) should be attached to the application. The Parliament and the Council of Ministers of Autonomous Republic of Crimea, Executive or Local government authorities which grants the transfer of land plots from state or municipal property in accordance to their powers defined by Article 122 of the Code, are prohibited to request additional material and documents not provided by this Article.
Thus, the reference of Odessa Regional State Administration to Allseeds Black Sea failure to provide “servitude agreements with adjacent land users and the corresponding project documentation” is inconsistent with the requirements of current legislation of Ukraine and is totally unfounded.
Furthermore the Odessa Regional State Administration notes that “it didn’t issue the permits to Allseeds Black Sea for land plots development, however during a few months participated in negotiations between two private investors in order to reach a compromise and to find “an optimal corridor” for Allseeds Black Sea in order to start its project. The parties didn’t reach such an agreement and Odessa Regional State Administration cannot contribute to a solution of the dispute as Allseeds Black Sea didn’t comply with the provisions of the Ukrainian legislation.”
However, this argument doesn’t hold as Allseeds Black Sea didn’t authorize or even asked assistance of the Odessa Regional State Administration to negotiate with any private investors in order to reach a compromise and to find an “optimal corridor” for Allseeds Black Sea. Such negotiations without our presence are of no interest to us.
Once again, we hereby state that will settle all issues with owners / land-users of adjacent land plots by ourselves, as we understand that this is not the function of the regional state administration. And if owners / land-users refuse to grant passage on a convenient place for everyone, we will establish the land servitude through the court.
First class independent legal organizations issued legal opinion about this possibility [to establish land servitude through the court] and we are ready to provide Odessa Regional State Administration as well as anyone with these legal opinions.
Furthermore Allseeds Black Sea doesn’t understand Odessa Regional State Administration reference to our failure to comply with the law, since they do not cite the articles of law we offended while making our application №06/469 of July 20, 2015 (incoming ref. № 4301/02-23/01 of July 27, 2015). Allseeds Black Sea states that the request complies with Art.123, par. 2 of the Ukrainian Land Code.
We would also like to remind the Odessa Regional State Administration that according to Art.123 par. 3 of the Ukrainian Land Code the competent government authorities must review any application within a month and issue a permission on the land organization project or a documented refusal. The only reason for refusal may be the inadequate location of the land plot failing to comply with the law, legal regulations based on the law, as well as general urban plans, other urban planning documentation, land management projects and feasibility studies on use and protection of administrative territory lands, land management for urban development, approved in accordance with the law.
Considering that Art.123 par. 3 of the Ukrainian Land Code contains a exhaustive list for reasons of refusal in granting permission for land development projects and that location of a land plot meets law requirements, legal regulations as well as general urban plans, other urban planning documentation, namely the Detailed Site Plan for maritime engineering and transport infrastructure for the land plots of 12 ha approved by Kominternivske District State Administration оf Odessa region provision Nr. 370/A-2015 of July 27, 2015, Odessa Regional State Administration has no reasons for legal reason to refuse to grant permission to Allseeds Black Sea for their project.
As conclusion Allseeds Black Sea asks Odessa Regional State Administration to comply with the Ukrainian Law and make a substantive answer to our application No. 06/469 as of July 20, 2015 according to the relevant provisions of current Ukrainian legislation.
We ardently support the call of the Head of Odessa Regional State Administration, Mr. M. Saakashvili, : “If you want to reform and make everybody to observe the law start with yourself!”
Therefore, gentlemen, please start with yourself, Allseeds Black Sea is always ready for further negotiations in order to reach a reasonable compromise for everybody to resolve our issue in accordance with the current Ukrainian legislation.