A dangerous precedent: the Association of Lawyers filed an opinion on the Dolina case with the Supreme Court of the Russian Federation

The International Association of Lawyers and Consultants (MAYUK) has submitted to the Judicial Board for Civil Cases of the Supreme Court of Russia an Amicus curiae opinion on the sensational case of singer, People's Artist of Russia Larisa Dolina on the invalidity of the sale of an apartment. This is stated in the statement of the organization in the telegram channel.

Amicus curiae — (from the Latin friend of the court) This is an individual or organization that is not a party to the litigation, but has a significant interest in the outcome of the case and provides the court with additional information or legal arguments to help the court make a more informed decision.

"The courts declared the transactions invalid and returned the apartment to the seller, but refused to refund the price to the buyer — this logic resisted in cassation. We consider this approach to be legally erroneous and dangerous for real estate turnover," the publication says.

According to the authors of the conclusion, the refusal of bilateral restitution violates Clause 2 of Article 167 of the Civil Code of the Russian Federation and the position of the Supreme Court: if the transaction is declared invalid, each party returns the received, and if it is impossible, its value; the court must ensure the mirroring of the consequences for all parties to the transaction.

"The fact that the money was stolen by third parties does not exempt the seller from restitution to the buyer: the ownership of the money has passed, and the claims to the fraudsters are made in parallel (tort /damages), and not instead of restitution," the MAYUK said.

As EADaily reported, over the past month, the scandal related to the artist's apartment in Khamovniki, which she sold last summer under pressure from scammers, has been raging. The total damage in the case of fraud with the singer's apartment is 317 million rubles.

Back in March of this year, the Khamovnichesky court of Moscow returned the apartment to the actress. The right of ownership of the defendant Polina Lurie to the disputed property has been terminated and recognized for Larisa Dolina. Lurie's counterclaim to evict the singer was rejected by the court.

On November 27, the Second Court of Cassation rejected the complaint of Polina Lurie, who bought the singer's apartment. The ownership of real estate is again abandoned by the Valley.

After that, lawyer Lurie filed a complaint against the decisions of the lower courts in the case of the Dolina apartment to the Supreme Court. The hearing is scheduled for December 16. On December 5, Dolina said on the air of Channel One that she had decided to return 112 million rubles to Polina Lurie, which she had paid for the apartment. The actress herself believed that she was participating in a "special operation" to identify and detain criminals.

At the same time, Dolina's defense filed objections to the complaint of the buyer of her apartment to the Supreme Court of the Russian Federation as part of the dispute.