The regional instance canceled the decision of the Krasnodar court, which earlier, at the suit of the daughter of the former vice-governor of the Kuban, Murat Akhedzhak, recognized Krasnodar’s ownership of her real estate and collected 304 million rubles from the city. We are talking about a complex of property on the banks of the Kuban River, in the coordination of the reconstruction of which the woman was refused. Kommersant-Kuban experts believe that the court had no reason to satisfy the claim, since Louise Akhedzhak’s rights to use the property were not violated, and the restrictions established by law must be observed.
The Krasnodar Regional Court overturned the lower court’s decision to recover 304 million rubles from the mayor’s office of Krasnodar. in favor of Luiza Akhedzhak, daughter of the former vice-governor of Kuban Murat Akhedzhak (died in 2010). The decision has entered into force, the joint press service of the courts of the Krasnodar Territory reported.
In November 2022, the Leninsky District Court of Krasnodar ruled to recover the specified amount from the city authorities for the land plot of over 1.6 hectares owned by Luiza Akhedzhak on Beregovaya Street, intended for individual housing construction and operation of the administrative building, as well as residential buildings located on it areas of almost 1.3 thousand square meters. m and 306 sq. m and an administrative building with an area of 296.7 sq. m. Also, the court recognized the city’s ownership of these objects.
As Kommersant-Kuban wrote, the territory on which the disputed property is located is adjacent to the park named after the 30th anniversary of the Victory. Mrs. Akhedjak received it as a gift in 2021. The former copyright holder was Invest-South LLC. The founder of the company was Kazbek Akhedzhak, the father of the former vice-governor of the Krasnodar Territory Murat Akhedzhak.
According to the city authorities, in March 2008, by order of the head of the administration of the Krasnodar Territory, the disputed land plot was leased to Invest-Yug for 49 years for the construction and operation of office and administrative buildings with access roads. In June of the same year, the purpose of the land was changed to “construction of individual and multi-apartment low-rise residential buildings,” after which, on the basis of the company’s request, the city authorities issued construction permits to it, the mayor’s office told Kommersant Kuban.
Earlier, Kommersant-South reported on the initiation of a criminal case in connection with transactions with this land plot against one of the heads of the regional department of property relations. The media then wrote that state-owned land plots for private development should be provided at auction, but in the Kuban they figured out a way to get around the law, allocating them for the implementation of investment projects by decision of the expert interdepartmental investment council under the regional administration. However, the case was closed.
The reason for Ms. Akhedzhak’s appeal to the court was the refusals of the city authorities, issued in 2021, to coordinate changes in her permit for the construction of one of the objects and the reconstruction of others. The mayor’s office justified the refusals by the fact that the site on which the facilities are located is located in the zones of sanitary protection of water intake, flooding and the water protection zone of the Kuban River.
The plaintiff referred to the fact that she was deprived of the right to build and reconstruct objects, and the city authorities did not take measures to eliminate the identified violations when issuing building permits, as a result of which she now incurs losses. The court of first instance satisfied the claim, substantiating the decision by the fact that the authorities of Krasnodar did not provide evidence that it was impossible for the plaintiff to carry out reconstruction. In parallel with this, the decision states that individual housing construction within the coastal strip is not allowed. On Thursday, the regional court did not agree with the conclusions of the Leninsky court, but a motivated judicial act has not yet been made.
Roman Domashchenko, managing partner of Domashchenko & Partners, refrained from assessing the legality of allocating a land plot in a zone with special conditions of use and issuing a building permit on it, however, under the current circumstances, the decision of the appellate court called it correct.
“Since the site and the property ended up in an area where there are restrictions on their use, I see the decision of the appeal as legal. The plaintiff is not deprived of her property, she retains the right to use her property, no one restricts her in this right. If it turned out that there are restrictions on these lands that impede reconstruction, then they will have to be observed,” the lawyer concluded.