The prosecutor’s office was unable to seize the aviation institute’s hangar from the construction company.
22 February 13:11
The Commercial Court of Kyiv denied the claim of the prosecutor’s office, which wanted to oblige Barelief Construction Company LLC to return part of the non-residential premises to the Kyiv Aviation Institute State University.
This is evidenced by the court’s decision of January 21, according to "Komersant Ukrainian" with reference to EP.
The case concerns training hangar No. 2 (letter K), with an area of 191 square meters, located at 1 Medova Street in Kyiv.
In July 2022, following the results of an auction, the regional branch of the State Property Fund in Kyiv, Barrelief, and the National Aviation University (now called the Kyiv Aviation Institute State University, which is the balance holder) signed a lease agreement for the premises, which are state property.
The private enterprise leased the hangar to use it as a warehouse for storing construction machinery, construction equipment, tools, and building materials.
According to the prosecutor’s office, “Bas-relief” is not engaged in educational activities, and the company did not organize or implement the educational process. In this case, the premises could not be leased due to the existence of a direct prohibition in Article 80 of the Law on Education, which indicates the misuse of the hangar of a higher education institution.
Therefore, law enforcement agencies filed a lawsuit to invalidate the lease agreement and return the premises to the state.
The court agreed with the arguments of the prosecutor’s office, noting that the leased non-residential premises were transferred for use not to provide the educational process or to serve participants in the educational process, but for use by the lessee for any purpose at its discretion. At the same time, it is actually used for business activities, as it houses a warehouse for storing equipment and building materials.
At the same time, the court did not satisfy the claim because the statute of limitations had expired.
The statute of limitations began on July 22, 2022, i.e., from the moment the disputed agreement was concluded, and expired on July 22, 2025. However, the prosecutor’s office submitted the statement of claim to the postal service only on September 2, 2025.
The owner and director of the Kyiv-based LLC “Construction Company “Bas-relief” is Volodymyr Bardonov.
