There is no forest beyond the Emerald Coast – Kommersant Krasnodar

The Krasnodar Territory Ministry of Natural Resources could not return more than two hectares of forest in the village of Arkhipo-Osipovka (part of Gelendzhik) to court. By decision of the Supreme Court (SC) of the Russian Federation, the contract for the lease of a forest plot with the construction company Emerald Coast is not subject to termination. According to the plaintiff, the developer illegally erected capital real estate in the forest, but the defendant challenged this argument with the help of an examination. Environmentalists call the incident a “misunderstanding.” Lawyers believe that court decisions are justified.

Russia’s Supreme Court has not ruled on the appeal of the Kuban Ministry of Natural Resources, upholding lower court rulings that ruled that the termination of the lease for a forest plot with OOO Izumrudny Bereg was illegal. The corresponding definition is published on the website of the Supreme Court.

We are talking about a 2.1 hectare plot in the forestry of the Arkhipo-Osipovsky area of ​​the Gelendzhik forestry (quarter 31B, section 3-5). Since 2008, the space under the lease agreement changed two tenants, until in 2015 it was used by Emerald City LLC.

According to SPARK-Interfax, Emerald Coast LLC was registered in 2010 in Gelendzhik. The company is active in the construction of residential and non-residential buildings. The founders are nine people, 38% of the management company is owned by Irina Sazykina, she also owns shares in five more companies, including Leader LLC in Novosibirsk. There are no reports on the financial results of the company.

The claim of the environment department is that the “Emerald Coast” violated the lease agreement of a forest plot by building capital real estate in it. In January 2020, the Cuban Ministry of Natural Resources filed a lawsuit in the Krasnodar Territory Arbitration Court seeking to order Emerald Coast LLC to dismantle the buildings, return the site to use and return it to the ministry. The first instance was lost, later the ministry tried unsuccessfully to challenge the decision on the appeal.

The accused with the help of examination managed to convince the courts that the buildings that are located are non-permanent and the object that the ministry calls a swimming pool is a fire tank. In addition, the forest area in question, according to the tenant, has been man-made since the mid-19th century and has been used for a long time for summer camps, public events, tents and panels. houses. At the time of the lease, the site was littered with ruins of holiday homes, concrete foundations, etc.

In the last three years, the Ministry of Natural Resources has succeeded in dismantling more than 120 objects in forest areas, there are more than 60 cases of illegal development of forest areas in the courts

In 2019, the area in question came to the attention of Krasnodar Territory Governor Veniamin Kondratiev. Criticizing the mayor of Gelendzhik Alexei Bogodistov for not taking measures to prevent the development of the resort’s forest fund, the head of the area pointed to the “Emerald Coast”, which “built three-storey houses with foundations in the land leased, and legalized the buildings through the court. ” The video of the governor’s speech was published by the Environmental Watch for the North Caucasus (EVSC).

In EVSK, the development of this forest area is called “one of the most glaring cases”. According to environmental activists, there is a closed village for recreational elites in the illegally fenced and protected area. “We have explored this area several times. Capitals and other objects with all the signs of solidity were clearly built on the spot. I believe that the expertise on which the court decisions were based was biased. It is necessary to take measures for its annulment and to go to court again in this case due to recently discovered circumstances. “The ministry is simply obliged to bring this issue to the demolition of capital facilities and the termination of the lease agreement with Emerald Coast LLC,” Kommersant-Kuban told the North Caucasus Environmental Observatory.

According to environmentalist Yevgeny Vitishko, in this case, the court did not understand the substance of the matter. In general, according to him, in the last three years, as part of the claim work of the Ministry of Natural Resources of Kuban, it was possible to achieve the dismantling of more than 120 objects in forest areas, more than 60 cases of illegal development of forest areas are in court.

The director of Emerald Coast LLC Anastasia Ishchenko, when asked by Kommersant Kuban what was built on the site, limited herself to the phrase: “Objects designed by the forest development project”.

Maria Spiridonova, a member of the Russian Bar Association, noted that the company used and developed the forest area in accordance with the forest development program drawn up in 2009. “The new forest regulation was adopted on January 1, 2019, in connection with which it ceased to the forest development project is operational. The company is taking actions aimed at obtaining a positive conclusion from the state know-how in relation to a new forest development project “, the lawyer notes. He adds that it was found in court that the company and its legal predecessors did not build these objects under the lease, they existed at the time the forest plot was leased. In these circumstances, notes Ms. Spiridonova, in resolving the dispute, the courts reasonably relied on the fact that the ministry did not prove the fact of significant breach by the company of the terms of the lease agreement, as well as the forest use in violation of rules of forest legislation and forest development project.

Kommersant-Kuban has sent a request to the Ministry of Natural Resources to clarify whether the department is considering other possibilities for the release of the forest plot from development, but has not yet received a response.

Natalia Resetniak

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