The Krasnodar Regional Court has set a date for reviewing the case on the payment of 304 million rubles from the treasury of Krasnodar. compensation to Louise Akhedzhak for the land with unfinished buildings on Zaton. The territory adjoins the park named after the 30th anniversary of the Victory. The object became the property of the plaintiff after the death of her father, the vice-governor of Kuban Murat Akhedzhak. The mayor’s office refused to give her permission to complete the construction, and then Luiza Akhedzhak demanded through the court to reimburse her for the cost of real estate. In February 2023, the regional court refused to recover Ms. Akhedzhak, but she secured a review of the case. Lawyers believe that after a new consideration of the dispute, the plaintiff will probably receive monetary compensation from the city administration.
As it became known to Kommersant-Kuban, the Krasnodar Regional Court accepted for a new consideration the case on the recovery of 304 million rubles from the administration of Krasnodar. damages in favor of Louise Akhedjak. In this amount, the plaintiff estimated the compensation for the impossibility of using the land plot of 1.6 hectares belonging to her for the intended purpose in the green zone “Zaton” on the banks of the Kuban River.
“A hearing on the case has been scheduled for August 29,” Kommersant-Kuban was told in the press service of the regional court.
Earlier, the Fourth Court of Cassation overturned the appeal ruling of the Krasnodar Regional Court, which denied Louise Akhedzhak the recovery of 304 million rubles from the city treasury, and sent the case for a new trial. The basis for the cancellation of the previous decision was a violation of substantive law.
We are talking about a land plot with an area of 1.6 hectares and residential buildings located on it with an area of 1299.5 square meters. m and 306 sq. m, as well as an administrative building with an area of 296.7 sq. m. As indicated in the case file, according to the expert opinion of August 23, 2022, the market value of the disputed land plot at that time was 262 million rubles. The market value of residential buildings located on the site is 27.9 million rubles. and 8.3 million rubles. respectively, the administrative building – 5.4 million rubles.
As Kommersant previously wrote, the construction of facilities since 2008 has been carried out by the Invest-South LLC company, the founder of which was Kazbek Akhedzhak, the father of the former vice-governor of the Krasnodar Territory Murat Akhedzhak. After the death of the official, construction stopped. In 2021, Kazbek Akhedzhak presented this property to his granddaughter.
Having become the owner, Mrs. Akhedzhak turned to the mayor’s office of the Kuban capital with a request to allow the reconstruction (completion) of buildings. However, she was refused, since the territory is located in the water protection zone of the Kuban River, and the project is contrary to the Rules for Land Use and Development of Krasnodar.
Having received a refusal, Mrs. Akhedzhak appealed to the Leninsky District Court of Krasnodar with a claim to transfer the object to the mayor’s office of Krasnodar, and pay her the cost of real estate, determined by the results of an appraisal examination. However, the mayor’s office did not agree with this decision of the district court and filed an appeal. When appealing this decision, the city administration pointed out that the local authorities of Krasnodar did not adopt any regulatory legal acts that violated the rights of Louise Akhedzhak to use the land plot and the buildings located on it, therefore, the causal relationship between the actions of the administration and the possible losses of the owner real estate is missing. As a result, the Krasnodar Regional Court agreed with the arguments of the municipality and in February 2023 overturned the decision of the court of first instance. Louise Akhedzhak’s claim was denied. Nevertheless, Mrs. Akhedzhak achieved a review of the case.
The lawyer of the Krasnodar Regional Bar Association Anastasia Usenko, having familiarized herself with the case, notes that the permit for the construction of facilities was issued by the mayor’s office, which, by virtue of the powers and competencies granted to it, could not have been unaware of the inadmissibility of building residential facilities on the disputed land plot. “The issuance of these permits was not disputed and was not recognized as illegal. In addition, the court of cassation noted that the plaintiff had chosen the right way to protect the right,” Ms. Usenko commented.
The lawyer pointed out that at the end of 2021, Federal Law N467-FZ was adopted, in accordance with which the cases of compensation for losses established by the norms of the Land Code of the Russian Federation are specified. Thus, losses incurred by land owners due to legal restrictions on their rights are subject to compensation, including if a zone with special conditions for the use of the territory has been established.
In turn, Decree of the Government of the Russian Federation of January 27, 2022 No. 59 “On Approval of the Regulations on Compensation for Losses in the Deterioration of Land Quality, Restriction of the Rights of Land Owners, Land Users, Landowners and Tenants” established a mechanism for compensation for losses. They can be reimbursed on the basis of a court decision or agreement.
In this case, Ms. Usenko noted, the owner’s losses are compensation for the termination of rights to a land plot that cannot be used for its intended purpose, for individual housing construction. The lawyer believes that Luiza Akhedzhak will probably receive monetary compensation for the lack of such an opportunity from the administration of Krasnodar after a new consideration of the dispute by the court of appeal, which will eliminate the violations of substantive law committed by him earlier.
