The Supreme Court refused to return property stolen by fraudsters in Sochi to a Vladikavkaz resident.

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Vladikavkaz resident Nugzar Demeev received a refusal from the Supreme Court of Russia to transfer his cassation appeal for consideration by the Civil Division. Since 2017, Demeev and his mother have been trying to recover property stolen by a group of fraudsters convicted in 2023.

As "Caucasian Knot" reported, Nugzar Demeev, a victim in the "black widow" case, alleged the involvement of Kuban officials in the fraud.

On December 18, the Supreme Court of the Russian Federation sent Nugzar Demeev, the heir to the stolen property, and his mother a refusal to refer their cassation appeal to the Judicial Collegium for Civil Cases. Since 2017, Demeev and his mother have been trying to reclaim a plot of land and an apartment stolen by fraudsters convicted by the Armavir City Court.

During this period, I tried to reach out to law enforcement, but to no avail; no criminal case was opened.

On December 19, Nugzar Demeev told a "Caucasian Knot" correspondent about his eight-year struggle for his rightful inheritance. "My uncle, Ruben Makharovich Kozaev, born in 1943, who lived in Sochi at 14 Pasechnaya Street, Apt. 16 (the brother of my mother, Daria Makharovna Kozaeva, who is also recognized as a victim), made a will in 2016 in the name of an unknown woman of Roma descent from Armavir, who at the time had two minor daughters. In May 2016, in Armavir, her uncle signed a deed of gift for her, stipulating that he vacate his only residence. Two days after signing the deed, he was hospitalized and died a few days later. He was buried in Armavir, but his whereabouts were kept secret from us. When we found his grave, we had to exhume it and rebury it in Vladikavkaz. The investigation counted 11 similar incidents involving the same family—all fatal. It later emerged that from 2013 to 2022, these cases were carried out by a group consisting of a mother, two daughters, and their godfather. All lived in Armavir. During this period, I tried to reach law enforcement, but to no avail; no criminal case was opened. Between May 2016 and 2022, the gang killed six more people. In Sochi, despite my appeals, they did nothing. I appealed up and down the chain of command, all the way to the president (three times), and all my complaints were passed down to the prosecutor, who responded with standard replies. Realizing it was futile, I filed a lawsuit to invalidate the transactions in the Central District Court of Sochi. We lost the first instance and the appeal, as there was no evidence of a crime, and there was no criminal case due to law enforcement officials who did nothing and covered for fraudsters and murderers. In 2023, the fraudsters were given ridiculous sentences: the main one - seven years, the others - three to three and a half years. We were recognized as victims, and a decision was made to compensate us, the victims, for material damages. Knowing that [the convicted] had nothing to take, we filed an appeal to increase the punishment and change the subject of the claim to the return of property. Not money, but specifically property. They received an additional six months, and we were instructed to file a civil lawsuit. In 2023, my mother, I, and other victims filed a lawsuit in the Central District Court of Sochi, but our claim was denied, citing a 2017 decision in which we attempted to challenge the transaction and return the property without criminal charges, but the court rejected it. This decision is now a key obstacle to the return of the legal inheritance," Demeyev said.

According to him, his family then went all the way to the Supreme Court and was denied. "The documents were returned without review. All the decisions indicated, and the Supreme Court pointed out, that we had a 2017 court decision against us. "We had a lawyer we trusted, but since she led the case to a dead end, we parted ways," Demeev added.

Demeev cited financial difficulties associated with the trial in Sochi

The court's decision (a copy is in the possession of "Caucasian Knot") states that the convicted individuals stole over 13 million rubles from Ruben Kozaev's bank account and "by deception" acquired an apartment in Sochi worth over one million rubles and a plot of land in the Prokhladnaya Dolina gardening association worth 2.7 million rubles. "Despite the recognition of D.M. Kozaeva's material damages as particularly large—3,922,146 rubles 60 kopecks—and the conviction of the perpetrators, the civil claim for the return of property remained unexecuted. Part of the property, including the land plot, was sold to third parties. <...> The trial court and appellate courts denied D.M. Kozaeva's claim to recover the property from someone else's illegal possession. The Supreme Court upheld these decisions, citing that other legal mechanisms are provided for restoring the violated right, and the transactions transferring ownership to the defendant were not contested," the ruling states.

Nugzar Demeev currently resides permanently in Vladikavkaz, where his mother, Darya Kozaeva, also lives. Both are pensioners. The property, the subject of a long-running dispute, is located in Sochi. For eight years, the family has spent significant funds on travel between regions, legal fees, and legal representation.

During the eight-year battle for their uncle and brother's inheritance, we have suffered only losses.

According to Demeev, these expenses have been critical for the family. "We live on a pension; we simply don't have the funds to constantly travel between Vladikavkaz and Sochi and pay lawyers. During the eight-year battle for their uncle and brother's inheritance, we have suffered only losses," he noted.

A lawyer described Demeev's situation as "very difficult."

Independent lawyer Roman Pavlov called the situation "very difficult." "Formally, the victim is only recognized as an heir, but the previous court decision from 2017, which dismissed the claim to invalidate the will and transactions, blocks the direct return of property. In practice, this means that even after the fraudsters are convicted and damages are acknowledged, it is impossible to return the apartments or land until the 2017 decisions are overturned or the results of the inheritance registration are challenged," he explained to a "Caucasian Knot" correspondent.

The Supreme Court's refusal to refer the cassation appeal for consideration by the Judicial Collegium for Civil Cases means that the usual (ordinary) appeal methods in the civil case have been exhausted. The lower court decisions have entered into legal force and are subject to enforcement, Pavlov noted.

In court, it is necessary to demand that the transactions concluded with the participation of the fraudsters be declared invalid; Establishing a direct link between those convicted of criminal acts and the loss of specific property.

According to him, victims should file a new claim in civil court to challenge the will or powers of attorney based on newly discovered circumstances. "According to Article 392 of the Code of Civil Procedure of the Russian Federation, the new circumstance is precisely the conviction of the fraudsters. The court should demand that the transactions concluded with the fraudsters' participation be declared invalid; "establishing a direct link between those convicted of criminal acts and the loss of specific property," the lawyer advised.

Therefore, the Supreme Court's refusal does not mean the restoration of the violated rights of the victims, but merely marks the end of the standard judicial process, leaving the Demeev and Kozaeva families with extremely limited and complex legal options for further protecting their interests, the independent lawyer believes.

According to him, such property disputes have become almost a tradition when it comes to fraudulent actions with other people's property. "It is precisely good faith that is the marker that the courts must take into account in any property dispute. In the Demeev case, the law and morality must be on the side of the victims, not the fraudsters, so it is likely that after filing an application based on newly discovered circumstances, the family will be able to restore their rights and justice," Pavlov added.