The court hearing of the land dispute among gardeners in Sochi raised complaints from both sides.
A resident of the Bryansk region, Nina Kuznetsova, expressed disagreement with the court's decision, which did not satisfy her claims for part of the neighbor's plot in the Sochi gardening association. The defendant, Alexander Batalin, pointed out violations during the two-year court proceedings.
As reported by "Caucasian Knot", on June 5, Sochi resident Alexander Batalin received a decision from the Khosta District Court, which refused to recognize the transactions involving Nina Kuznetsova's plot as invalid. The arguments that this plot had previously been sold under a power of attorney from the deceased owner were not taken into account by the judge. Batalin expressed concern that he would ultimately lose his plot due to Kuznetsova's demands to create a passage through it.
A resident of the Bryansk region, Nina Kuznetsova, purchased a plot in the gardening association "Kommunalnik" and filed a lawsuit demanding to create a road through the neighbor's land to her plot or establish a servitude on part of the neighbor's plot. There has never been access to this plot, stated the defendant Alexander Batalin, whose family has owned the plot in the association since 1967. In a counterclaim, the court deprived Kuznetsova of rights to the land plot, as the land was sold under a power of attorney from the deceased owner, Nadezhda Fotina . Kuznetsova appealed this decision, but the appellate court deemed the seizure of the plot from her legal. On April 3, the cassation court overturned the decision regarding the disputed land plot and sent the case for a new hearing in the Khosta District Court.
The court's decision did not satisfy the plaintiff
The Khosta District Court of Sochi concluded the proceedings on the land dispute in the gardening association "Kommunalnik", denying Nina Kuznetsova's claims against Alexander Batalin and the Rosreestr management. The plaintiff sought to invalidate the results of the land surveying and establish a servitude for access to her plot.
A copy of the operative part of the court's decision, made on October 15, was received by the defendant Alexander Batalin on October 22 and provided to "Caucasian Knot".
The document notes that the reasoned decision of the court in final form will be prepared on October 29, 2026. From this date, the one-month period for filing an appeal to the Krasnodar Regional Court through the Khosta District Court will be calculated.
During the court session, Nina Kuznetsova stated that she categorically disagrees with the verdict and will definitely appeal this decision to a higher authority, reported a correspondent of "Caucasian Knot".
The defendant pointed out gaps in the court proceedings
The court proceedings lasted two years. During this time, the time for considering the case was repeatedly extended, judicial examinations were appointed, and the hearings themselves were paused. The defendant and the lawyer of the gardening association "Kommunalnik" Alexander Batalin characterized the course of the proceedings as "complete lawlessness". According to him, the review he submitted for the examination was never examined by the court. Moreover, the third party involved at the plaintiff's request (the gardening association) was systematically not notified about the processes.
The third party was not notified, and the protocol recorded: "the reason for non-appearance is unknown"
"Two years ago, the plaintiff Kuznetsova made an oral request to involve the gardening association as a third party. The request was granted, and the plaintiff was obliged to inform the chairman of the gardening association about the documents, but she did not even call. After July 29, several hearings took place, including on the appointment of an examination, but the involved third party was not notified, and the protocol recorded: "the reason for non-appearance is unknown," Batalin told a correspondent of "Caucasian Knot".
He added that back in October 2024, the court granted his request for assistance in obtaining evidence, but over two years, the necessary documents were never received by the court.
"I repeatedly stated during court sessions about the forgery of documents and falsification of evidence, but this was ignored. The originals and properly certified copies of the documents submitted by the plaintiff to the court were not presented to the participants for review," Batalin noted.
According to the defendant, due to the identified violations, he filed a motion to disqualify the judge, but it was denied. Upon reviewing the case materials, Batalin also discovered that the case was sent for verification to the Sochi Judicial Service of the Krasnodar Territory, but the results of this verification remain unknown.
A lawyer explained the duration of court processes in land disputes
The consideration of such land claims is regularly prolonged for years due to a complex of objective and procedural reasons, explained the lawyer Roman Klykov, who is not involved in the dispute between Kuznetsova and Batalin, to a correspondent of "Caucasian Knot".
He explained that the appointment of land management, cadastral, or geological examinations requires formulating questions, selecting an expert organization, and waiting for results. During the examination, the court officially suspends the proceedings, which shifts the process by 3-6 months each time.
Moreover, the proceedings are complicated by the search for and retrieval of archival documents from the 1960s-1970s (land surveying plans, land allocation acts, BTI documents), which often require lengthy correspondence with municipal and state authorities.
According to him, the procedural tactics of the parties also slow down the proceedings: filing counter motions, statements about the falsification of evidence, conducting reviews of examinations, involving third parties, and disqualifying judges obligate the court to perform additional procedural actions and postpone hearings.
"In Sochi, land disputes are complicated by the mountainous terrain, landslide zones, and high density of construction, and the high workload of judges and internal service checks further increase the intervals between hearings," the lawyer added.