The Cassation Court overturned the decision in the case of a disputed plot of land in Sochi.

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The final decision in the case regarding the disputed land plot in the Sochi gardening association "Kommunalnik" has been overturned by the cassation court and sent back for a new trial.

As reported by "Kavkazsky Uzel," Nina Kuznetsova, a resident of the Bryansk region, purchased a plot in the Sochi gardening association "Kommunalnik" and filed a lawsuit against her neighbor, demanding that an access road be built through his land. The plot purchased by the neighbor had never been accessible, claimed plaintiff Alexander Batalin. The court stripped Kuznetsova of her rights to the land in the Sochi SNT "Kommunalnik" (Community Gardening Association) because the land was sold under a power of attorney from the deceased owner. Kuznetsova appealed the decision. The appellate court confirmed the seizure of the plot from Kuznetsova. On February 14, Kuznetsova filed a cassation appeal.

On April 3, the cassation court in Krasnodar overturned previously effective court decisions in the case of a disputed land plot in the Sochi gardening association "Kommunalnik" and sent the case back to the court of first instance for a new trial.

Nina Kuznetsova could not be reached for comment. Her position is set out in a cassation appeal, a copy of which is in the possession of the "Caucasian Knot." The document challenges the findings of the lower courts and points to what the complainant believes to be significant violations of substantive and procedural law.

The regional court office confirmed the decision. "The cassation court upheld Kuznetsova's appeal, overturned the decisions of the lower courts, and remanded the case for a new trial at the first instance." "After the materials are received by the Khostinsky District Court, a new hearing will be scheduled," a court representative told a "Caucasian Knot" correspondent.

Batalin previously announced his intention to appeal to the Investigative Committee regarding attempted fraud related to the registration of the disputed land plot. Following the cassation ruling, the prospect of such an appeal, according to him, remains valid. He has already ordered an independent expert assessment.

As a reminder, lawyers previously noted that transactions concluded on behalf of deceased persons are generally considered null and void, and such disputes can have both civil and criminal consequences.

A new trial in the court of first instance should re-evaluate the evidence presented and the arguments of the parties. "Based on practice, cases are returned after cassation within a month, and then, after the cases are assigned, the judge has a month to review the case and schedule a hearing. Therefore, the case will be scheduled for a new hearing in either May or June," a representative of the Khostinsky Court told a "Caucasian Knot" correspondent.

According to Batalin, "instead of tending to his SNT plot as intended and growing fruits and vegetables on his land, he is forced to travel to court and fend off a fake gardener whose goal is to obtain someone else's land for free to develop an access road to his plot, which is completely overgrown with weeds and thorns."