The owner of the tourist base in Dagestan is seeking recognition of land rights.

Entrepreneur from the village of Furdag in the Khyva district of Dagestan, Zeynudin Kaziev, in a video address to the head of Dagestan, reported that the "Roshcha" tourist base, which he built together with his family, may close at the request of the district prosecutor's office. Lands in the tourist zones of the republic are often classified as "gray zones," journalists noted.

The entrepreneur appealed to the head of Dagestan regarding land rights

The video address was published on his Telegram channel by the chairman of the Coordination Council of NGOs of Dagestan, Shamil Khadulaev.

About 50 people live in our native village. Out of 42 households, only 16 remain. There is neither a school, nor a kindergarten, nor a store in the village.

"Our land is officially registered, all documents are in order, we are officially conducting business, I pay taxes, however, we are being obstructed. This is our large family business, which they want to take away from us after we have actually improved this territory. Currently, about 50 people live in our native village. Out of 42 households, only 16 remain. There is neither a school, nor a kindergarten, nor a store, no places for entertainment. At the same time, the tourist base has already become one of the most recognizable places not only in the Khyva district but also beyond its borders," Kaziev stated in his address.

Zeynudin Kaziev told a correspondent of the "Caucasian Knot", that in rural areas, particularly in the Khyva district, all lands are registered according to an old template based on household books. In the extract issued to him from the household book, this entry is absent. On this basis, the Khyva district prosecutor's office is trying to annul the extract and seize the plot under the tourist base.

The prosecutor's office made demands on us after four years, while the statute of limitations is three years.

"Initially, we received this plot for personal subsidiary farming, then we changed the permitted use to recreational land. All relevant documents are available, including an extract from the Unified State Register of Real Estate (EGRN), which confirms our right to the land. Moreover, the prosecutor's office made demands on us after four years, while the statute of limitations is three years," the entrepreneur said.

There was no official opening of the tourist base due to the start of legal proceedings, he noted.

In his opinion, the operation of the tourist base can help the population of the village of Furdag. The tourist base is located on the outskirts of the village, Kaziev clarified.

"Almost 95% of the village's population is unemployed because there is no work. Our base contributes to the creation of jobs. In addition, it is an additional tax base for the Khyva district to address village issues," Kaziev believes.

After his video address, there was a response from the ombudsman for the protection of entrepreneurs' rights in Dagestan, Murad Dalgatov, who promised to visit the tourist base in the coming days and address the issues on-site, Kaziev reported.

On October 22, a meeting of the Khyva district court took place, during which the judge satisfied the prosecutor's demands for the seizure of the land plot, Kaziev said. An appeal will be filed against this decision, he clarified.

Disputed land rights often become an obstacle to business development

Political scientist Albert Esedov told a correspondent of the "Caucasian Knot" that he is aware of similar cases where entrepreneurs are not allowed to build businesses due to disputes over land rights, noting that "this has become a common practice for Dagestan."

"There was a case in the Derbent district where a family had all the documents for a land plot where a project was planned. Then some people, citing high-ranking officials, pushed the owners aside and began large-scale sand extraction. In the same district, the owner of the plot cannot agree on the boundaries of his plot with the administration to use the land for its intended purpose, although he pays taxes on it," Esedov said.

A Dagestani journalist speaking anonymously told a correspondent of the "Caucasian Knot" that, in his opinion, up to 90 percent of the tourist bases that appeared in Dagestan after the Soviet Union are in the "gray zone."

These are very complicated issues that could lead to the disappearance of tourist infrastructure as such if approached from a legal standpoint.

"Many have numerous violations related to the status of the lands, the legality of building certain complexes and infrastructure on them. Therefore, the reference to the fact that all documents are in order requires careful investigation. For example, if we take the Caspian Sea coast, many lands where tourist bases are located today belong to the forestry committee, but instead of forests, there are concrete buildings. Therefore, this is a question that requires a comprehensive program for resolution at the government level, in cooperation with representatives of federal authorities. These are very complicated issues that could lead to the disappearance of tourist infrastructure as such if approached from a legal standpoint," the journalist said.

The lawyer pointed out the priority of EGRN data over household accounting

Lawyer Rustam Akhmedov told a correspondent of the "Caucasian Knot" that if the extract from the EGRN confirms ownership or lease rights to a land plot with the permitted use "recreation," and all taxes are paid, then the position of the prosecutor's office appears questionable.

He noted that according to the Federal Law "On State Registration of Real Estate," the principle of reliability of EGRN data is the only proof of the existence of registered rights. The lawyer added that according to the Civil Code of the Russian Federation, there is a priority of EGRN data over household accounting.

"The household book is a primary accounting document maintained by local self-government bodies. It is not a title document. Information about property rights is entered into the EGRN. If the plot has been registered in the cadastre and rights to it have been registered, then the absence of an entry in the household book, or the loss of the book itself, cannot serve as a basis for depriving ownership rights," the lawyer believes.