Svitlana Renkas, Arricano, becomes a member of II Legal Real Estate Forum
On October 30, 2019, Svitlana Renkas, Head of Arricano's Legal Department (residents), participated in the Discussion Panel “Conflict Resolution Techniques in Rental Business” within the framework of the II Legal Real Estate Forum, organized by “Legal Practice”.
Landlords and tenants met at the discussion panel where the legal issues related to tenancy relations and potential conflicts were discussed. The landlords were represented by Svitlana Renkas, Head of Legal Department (Residents) of Arricano Real Estate Plc, Lilith Sargsian, CEO of EliteStroy
Development & Consulting Group, Karen Hryhorian, Head of Legal Department of City Capital Group Development, and Oleksandra Fedaber, Partner of Aderat Fedaber. Their opponents from the tenants were Yaroslav Pshechuk from the legal department of Fozzy Group, Tetiana Ponomareva, lead lawyer of Adidas-Ukraine LLC, Natalia Kushniruk, advisor, coordinator of CMS Cameron McKenna Nabarro Olswang Real Estate Law Practice.
The participants of the battle “Conflict Resolution Techniques in Rental Business” of II Legal Real Estate Forum, moderated by Maxym Maksymenko, head of the real estate practice at Avellum Law Firm, discussed the peculiarities of rental relations in Ukraine and areas of potential conflicts, as well as the impact of judicial practice on rental relations, including imperative and dispositive provisions of the law regulating the rent of premises; consequences of failure to perform the provisions of the preliminary contract before putting the facility into operation; payment and guarantee payments; the unilateral refusal of the tenant from the contract; the preemptive rights of the tenant. The concept of the forum - analysis of the trends in the real estate market through economic, political, social and legal aspects and sharing experiences in resolving legal issues caused an active interest in the event of a large number of real estate market players.
The participants of the battle agreed that by observing the norms of lease relations stipulated by law, the parties to the contract have the right to regulate legal relations based on the principles of freedom of contract, prohibition of conflicting relationships, compliance with the provisions of the contract, because the parties can always agree on a controversial issue.
Svitlana Renkas noted that if the procedure is prescribed in the contract and observed, no conflicts should arise. “Lease legal relations are regulated by both civil and commercial law, therefore, based on legislation, a conflict of law enforcement may arise, in particular, regarding the content of the lease agreement. In my opinion, the legal construction of a lease agreement is an institution of a civil law, in particular, law of obligations, and shall regulate relations between the parties, based on the principles of law: freedom of contract, its reasonableness and fairness, which correspond to obligations, in particular, the boundaries of such freedom”, the head of the legal department (residents) Arricano is convinced. “So, the right to violate the provisions of the civil law in a lease agreement and to regulate them at one’s own discretion extends to the economic agreement, since the contractual legal relations in the Economic Code are regulated taking into account the principle of equality, freedom to express one’s will and material independence of the participants in the relations.”