Oleg Matiusha is a Partner in the Kyiv office, the head of the local Infrastructure & Transportation sector and of the local Real Estate & Construction service line.

Oleg has over 20 years of experience in infrastructure, construction and real estate projects, including substantial consulting, in-house and legislation drafting experience. He focuses on real estate and land matters, construction projects and construction regulatory matters, PPP, concessions, infrastructure and privatisation projects.

RECENT ENGAGEMENTS INCLUDE ADVISING

Projects & Infrastructure 

• QTERMINALS LLC, Qatari port operator, in the largest concession project ever awarded in Ukraine – concession of the Black Sea Port of Olvia (project value of approx. USD 122.9 million), including representing QTerminals LLC at all stages of the concession tender, drafting documents for prequalification phase of the tender and various documents of the bid, conducting legal due diligence for the project, structuring and establishment of legal presence in Ukraine, and providing full legal assistance in the course of negotiation, amendment and execution of the concession agreement with the Ministry of Infrastructure of Ukraine and Ukrainian Sea Ports Authority
• WORLD BANK GROUP on the project of Policies, Financing and Private Sector Participation Study (PFPSP) for Troyeshina Rapid Transit (TRT) project, including assessing legal, regulatory and institutional framework and mapping all the key public-sector entities to be involved and mobilized for the TRT Project, including into the PPP/concession procurement process, establishment of tariffs, granting land title for the project needs, among other legal advisory
• JAPAN'S LARGEST TRADING COMPANY on the international tender to modernize the Kyiv Bortnychi Sewage Treatment Plant (project value of approx. USD 1 billion), including on various matters of structuring of the project and relations between the members of the ad hoc consortium of bidders
• DAY JV, an international consortium including Dogus, acting as a general contractor for the construction of a new Terminal D of Boryspil International airport in Ukraine, in a dispute with an employer arising from a FIDIC based contract with respect to delayed payments for completed additional works under employer’s variation orders, extension of terms and potential termination of the contract, including representing DAY JV in negotiations with the employer*
• MRIYA AGROHOLDING on the acquisition of a land holding company with the land and assets in Odesa region for the construction of a grain terminal, including the deal structuring, due diligence of the target company and land plots, drafting transactional documents, advising on the regulatory matters related to the construction of berths and on the buy-out of the private and state-owned land for the construction of access roads*

Real Estate, Construction & Planning

• SHANGHAI ELECTRIC GROUP COMPANY LIMITED on potential entering the Ukrainian market as an investor and contractor, including advice on a broad range of matters related to various options of establishment of legal presence in Ukraine, construction licencing and construction regulatory matters, implementation of EPC projects, usage and implementation of FIDIC contracts in Ukraine, labour safety, environmental, public procurement and land matters during construction
• MCDONALDS UKRAINE on lease of non-residential premises for the opening of McDonalds’ restaurants in various cities in Ukraine, including advice on land and construction regulatory matters in relation to potential acquisition of land and construction of a new restaurant in the Kyiv city
• ESTA HOLDING, a Ukrainian asset management company, with respect to drafting General Construction Agreement template to be used in construction projects of the client in Ukraine*
• STATE PROPERTY FUND OF UKRAINE on the privatization of 99.5667% of the authorized capital of PJSC Odesa Port Plant, one of the largest fertilizers’ producers in Ukraine, including legal due diligence of the object, advice on regulatory requirements and contractual arrangements in relation to direct gas supplies to the plant, drafting transaction documents, assisting with the auction and completion of the transaction
• A MAJOR AUSTRIAN BANK on a EUR 17.5 million real estate dispute in the Vienna International Arbitral Centre of the Austrian Federal Economic Chamber, in particular provision of an expert opinion on Ukrainian real estate property law, land law and title registration matters in connection with the arbitral proceedings, with the arbitral award made in favour of the client in July 2020

*Experience prior to joining Kinstellar.

EDUCATION

• 2003: Kyiv National Economic University, Ukraine, Master’s degree in law

LANGUAGES

Ukrainian, English, Russian