Russia is Itching Closer to Reaching an Agreement with Abkhazia on Bichvinta Resort
Bills on ratifying the agreement on transferring the former Bichvinti state country house and surrounding facilities to Russia have been submitted to the parliament of occupied Abkhazia.
This is a document signed on January 19 of this year, known under the name "Agreement between the Government of the Russian Federation and the Government of the Republic of Abkhazia on the transfer of the facility located in the territory of the Republic of Abkhazia to the ownership of the Russian Federation and the manner of its use," which requires to be ratified by the so-called Abkhaz parliament.
Local opposition, representatives of civil society, and youth organizations oppose the document's ratification. They demanded the de facto government, the so-called draft law to be withdrawn from the parliament, and the de facto legislative body was asked not to ratify the document.
The government was also offered to make changes to the agreement. Among them, the coordinates indicated by mistake in the document should be clarified, and a clause preventing the transfer of the object to third parties should be included. The Ministry of Foreign Affairs of Russia stated that changes can be made to the agreement only after its ratification. The issue of separatist Abkhazia was also discussed in the Russian State Duma.
The ratification document states that it will expire on June 1, 2023. It is recommended that the Abkhaz leader, the Cabinet of Ministers, and the Ministry of Foreign Affairs of the separatist regime prepare amendments to the agreement and negotiate with Moscow. In addition, according to the document, the act on transferring the object and the lease agreements should only be signed after making changes to the agreement.
Another to-be-ratified document was published online – a draft law, which, in addition to the agreement on the prohibition of transfer of objects to third parties and the agreement to introduce initiatives in the agreement to clarify the boundaries of land plots, contains a clause on the possibility of returning the buildings, structures, and objects located in Bichvinta to occupied Abkhazia, in case of termination of the agreement.
According to Telegram channel D News, changes are planned to the law of occupied Abkhazia, known as "On International Agreements," which states:
"The international agreement of the Republic of Abkhazia can also be terminated by denunciation if its implementation damages the sovereignty, threatens the security, or is against the public order of the Republic of Abkhazia."
Omar Smir, a member of the so-called Supreme Council of occupied Abkhazia, commented on the bills submitted to the Parliament, "Actually, both draft laws state that if the provided measures (which are of a consultative nature) are not implemented within six months after the adoption of the law on the ratification of the agreement, then the laws cease to operate, which implies the denunciation of the agreement."
"No matter how noble the intentions of the authors of the draft laws are, we remind you that according to paragraph 26 of the agreement on the transfer of the Bichvinti state country house, the termination of the agreement does not lead to the termination of ownership of the object. Accordingly, there is no option to ratify the agreement and then make changes to it, and if the changes are not made, the agreement will be terminated, and the complex will return to the property of the Republic of Abkhazia. I believe that the subject of the legislative initiative should withdraw the agreement, which contains errors and inaccuracies, from the People's Assembly," wrote Omar Smir.
The text of the agreement signed in January can be viewed on the "Russian Embassy" website. The document was published later in September. The agreement states that the "object" transferred to the ownership of the Russian Federation includes movable and immovable property (except land plots and the sea section). The Abkhazian side will transfer it to Russia free of charge within six months after the entry into force of the document.
The plots of land with the facilities located on it and the sea section adjacent to the facility will be transferred to the Russian side under a 49-year lease, with Russia paying 1 ruble per year for each plot. In agreement with the Abkhaz side, Moscow has the right to carry out capital construction on the leased land plots. The right of ownership of the constructed buildings and objects belongs to Russia.
According to the document, the Russian side can use the objects, plots of land, and the sea section to hold state events with the participation of persons subject to state protection, as well as for their recreation. The parties agreed that the contract is concluded for 49 years and will be automatically extended for the next 15 years unless one party notifies the other in writing of its desire to terminate at least six months before the contract expires. Terminating the contract, in this case, will not lead to the termination of ownership rights to movable and immovable property.