Dispute about resort lands in Olginka reached the Constitutional Court and the Federal Ombudsman

The seizure of plots of the cottage massif "Burevestnik" in the Tuapse district became an occasion to discuss the legal regime of resort territories and guarantees of bona fide purchasers. The owners challenge court decisions, and their representatives appealed to the legal positions of the Constitutional and Supreme Courts of the Russian Federation.

In November 2025, the Tuapse District Court granted the claim of the prosecutor’s office to reclaim several dozen land plots and demolish the buildings located on them. In May 2026, the decision stood on appeal.

According to the prosecutor's office, the municipal authorities had no right to alienate the relevant land, since it was within the boundaries of the resort territory. Separate plots, according to the materials of the case, intersected with the lands of the federal forest fund.

However, as noted in the investigation of “Arguments of the week”, the sites themselves are located in different zones of sanitary protection, the legal regime of which is different.

Owners pay attention to changes in the legislation on resorts and the need to determine the legal status of each site individually. In particular, the defense refers to Federal Law No. 469-FZ of August 4, 2023.

Another argument is related to judicial practice. In June 2025, the Supreme Court of the Russian Federation overturned decisions in another land case in the same Olginka, pointing to the need to carefully establish the boundaries of sanitary protection, the legal regime of the land and the circumstances affecting the statute of limitations. This decision gives grounds to compare the legal approaches applied by the courts.

In September it became known about the appeal of representatives of owners to the Constitutional Court of the Russian Federation. They raised the question of applying the legal positions formulated in the resolution of the Constitutional Court No. 3-P of January 28, 2025, related to the protection of bona fide purchasers of forest lands and certain specially protected natural territories.

At the same time, the content of the resolution cannot automatically apply to any parts of the resort zone: it is necessary to take into account the features of the legal regime of the land and the circumstances of the acquisition.

The head of the Center for Constitutional Justice Ivan Brikulsky also participates in the public discussion. He drew attention to the problem of state responsibility for decisions that citizens trusted in the design of real estate.

The situation was also interested in the Federal Commissioner for Human Rights Yana Lantratova. Meanwhile, in early October, the demolition of buildings has already begun in the Burevestnik.