Are Property Rights of a Citizen Breached?

Natia Gogolashvili

Magdalena Archvadze has been claiming 100 sq. meters of plot and so called “finish wagon” on it for several years already. The plot and the wagon are located in the territory of the outdoor museum. Magdalina Archvadze said the museum gave the plot to her and she purchased the wagon from the Public Food Company.

“In 1978, according to the order of the Executive Committee (soviet time), Public Food Company placed the “finish wagon” in the rest-zone of the outdoor museum in order to sell food there.  They allocated space for her too. The wagon belonged to the Public Food Company, which realized the food products in the territory of the museum. During years the business was non-profitable and the company abandoned it,” Magdalina Archvadze said.

In 1989 Magdalena Arcvhadze established cooperative Chardakhi together with her colleagues. According to her, in 1990 the cooperative purchased the finish wagon from the Public Food Company for 5 000 rubles.

“I received 100 sq. meters of land and paid 5 000 rubles for the project. The cooperative Chardakhi received permission to construct exhibition hall, café-pavilion. After the purchase, the project was implemented and museum employees started to create problems for me. The museum did not have any property in my exhibition hall; the land belonged to the state, wagon to the Public Food Company and cooperative Chardakhi covered expenses. Plots were not sold at that time. Nobody sold lands then. These 100 sq. meters were assigned to me,” Magdalina Archvadze said.

 

Lawyer of the National Museum Maya Mgeladze said the wagon is museum exponent and “The construction did not belong to Ms. Magdalena; it has always been museum property. Initially it belonged to the Chitaia Museum as we hold corresponding receive-acceptance protocol which confirms that in 1980 the Chitaia Museum purchased the construction for 1500 rubles from certain Chachanidze in Imereti region. After Georgian National Museum was established, which is coalition of museums throughout Georgia, Chitaia Museum also went into the union of National Museum. Consequently, all museums with their exponents, collections now belong to the National Museum,” Maya Mgeladze said.

According to the lawyer, Magdalena Archvadze had leased the plot and the lease term expired long ago.

“We also hold lease agreement document, which confirms that cooperative Chardakhi had leased the wagon to arrange museum pavilion in it. The lease term expired long time ago and nobody had extended it, However, Ms. Magdalena claims her property rights though she has no legal grounds for that,” Maya Mgeladze said.

Magdalena Archvadze gave us a copy of agreement, which was signed between the cooperative Chardakhi and G. Chitaia Museum of Georgian Folk Architecture and Life (later it was called out-door museum). It reads: “cooperative Chardakhi conducts its activities in the buffet wagon, which belongs to the Orjonikidze district Public Food Company located in the 100 sq. meters of land of the outdoor museum and pays lease payment to the Public Food Company based on the regulations of the cooperative Chardakhi approved by the Executive Committee of the Public Council of Tbilisi Orjonikidze District and according to the acting laws.”

On August 7, 2014 Transparency International – Georgia sent letter to the Georgian National Museum and requested information whether the pavilion purchased by the cooperative Chardakhi was on the list of facilities assigned by the Property National Agency to the Georgian National Museum. In reply to their letter, the TI-Georgia was notified that the pavilion is exponent-construction and it is registered in the central equipment data base as summer counter # 3891.

Humanrights.ge contacted former accountant of the Public Food Company Lia Pirveli who could not confirm purchase of the wagon by the cooperative Chardakhi. “I no longer have documents of the company and cannot confirm anything. I do not remember even if the Company had any wagon; I do not have documents to confirm it either.”

Tamaz Natidze, who signed the project on the construction in 100 sq. meter plot as deputy chairman of the Monument Protection Department of Georgia, told us on the phone that this issue is beyond his competence now. “I have nothing to do with this issue. How can we get a document dated by 1980? I do not remember what you are speaking about.” In 2002, Tamaz Natidze notified with official letter that cooperative Chardakhi with 100 sq. meters was to be located in the buffet in the territory of the Georgian Folk Architecture and Life.”

It is noteworthy that Magdalena Archvadze started court procedures in 2008. Initially she requested withdraw of the property from illegal ownership.

“Magdalena Archvadze first appealed to the court in 2008. In 2008, 2009 and in 2010 as a result of court hearings and discussions in all three instances of court in Georgia total 16 judgments were passed; Georgian National Museum was plaintiff in the process; Magdalena Archvadze requested to withdraw the disputed property from illegal ownership. All exponents, which is owned by the Georgian National Museum, are part of culture heritage of Georgian people,” lawyer of the National Museum Maya Mgeladze said.

Magdalena Archvadze said initially the court did not consider her case; they did not hold substantial hearing of the case. She claims Maya Mgeladze lies when she speaks about 16 verdicts.

 

Magdalena Archvadze has again appealed to the court; currently she requests the court to order the National Museum to present the document which will confirm that the disputed construction is their property.

Lawyer of the Property Management Agency Nino Mamulashvili said Magdalena Archvadze had not filed legally verified lawsuit and they cannot respond to her request.

The Tbilisi City Court had scheduled preparatory hearing of the case on April 16 but Archvadze’s representative did not appear at the court; based on Archvadze’s request the hearing was postponed for May 6.