The Prosecutor General’s Office challenged the land redescents in Krasnodar at low prices
In Krasnodar, land plots of more than 1 billion rubles sold to tenants at a preferential price can be returned to municipal ownership. The Prosecutor General’s Office found out that citizens received court decisions on the right to redeem the land in a situation where the area of the plot is tens and hundreds of times higher than the size of the building located on it. The supervisory authority appealed to the abolition of judicial acts on redemption.
As it became known to Kommersant, the Prosecutor General’s Office appealed to the court in connection with the establishment of at least three cases of “illegal disposal” of land plots from municipal property. The scheme was the same: the city hall refused the tenant in the redemption of the land plot, he went to court and received a decision obliging the applicant to own the land at a preferential price and without bidding.
In particular, the supervision established, a resident of Krasnodar Yana Grafova in August 2024 became the owner of a plot of 5.3 hectares in the regional center. To justify his requirements, the citizen indicated that the site belonging to her non -residential object with an area of 562 square meters is located on the site. m. Leninsky district court of Krasnodar satisfied the claim, not taking into account the fact that the size of the land array is more than 95 times higher than the area belonging to the applicant of the building.
The market value of the site is, according to experts, about 640 million rubles. Meanwhile, Yana Grafova acquired land in property for 62.2 million rubles.
In this regard, Igor Tkachev, Deputy Prosecutor General of the Russian Federation, sent an appeal to the Krasnodar Regional Court on the cancellation of the unjust decision of the first instance. The Deputy Prosecutor’s Proceedings drew attention to the fact that the exclusive right of the owner of the building to purchase a plot without trading arises in relation to only that part that is busy building and is required for its use. Mrs. Grafova did not provide evidence that for the operation of one building she needed a land array of 5.3 hectares. The Krasnodar Regional Court granted the requirements of the Prosecutor General and restored the rights of the municipality to the site.
Meanwhile, the employees of the Prosecutor General’s Office became interested in the activity of Yana Grafova and monitored trials in her claims. It turned out that in 2021, the Leninsky District Court of Krasnodar in a similar situation ordered the City Hall of Krasnodar to sell a plot of 0.2 hectares on the banks of the Kuban River. The disputed asset is estimated at 52 million rubles. At the same time, the land was not subject to transfer to private property, as it is located in a green massif, where the creation of a boulevard is supposed. The First Deputy Prosecutor General of the Russian Federation Anatoly Razinkin appealed the decision of the Leninsky District Court in the appeal, the case is under consideration.
Under similar circumstances, a plot of 2.2 hectares in Krasnodar dropped out of public property.
In 2022, the Leninsky District Court of Krasnodar recognized the right of Alina Grigorovich, the owner of a private house on the land, for the ransom of the land. At the same time, the size of the land array is more than a thousand times higher than the area of the building (20 sq. M). In addition, the site also should not go into private property, as it borders Krasnodar-central military airfield on the runway. The market value of the site exceeds 500 million rubles. The prosecutor’s check found out that the new owner of the massif was divided into 27 sites and prepared for sale. The first deputy prospector of the Russian Federation Anatoly Razinkin challenged the judicial act, the case is under consideration. At the initiative of the prosecutor’s office, the court applied interim measures that exclude the possibility of further resale of plots.
