The lawyer assessed the impact of the Supreme Court's decision in the Dolina case on the secondary market

Lawyer: the decision of the Supreme Court of the Russian Federation in the Dolina case has become a powerful message for the real estate market

Fri, 12/26/2025 - 00:14

Озвучить текст

Select important

Off

The decision of the Supreme Court of Russia has become a powerful message for the entire real estate market. Dmitry Kashchaev, a real estate lawyer and member of the Russian Bar Association, told Izvestia about this.

The expert noted that for a long time lawyers had observed a dangerous bias: the courts, guided by sympathy for the victims of fraud, destroyed the institution of a bona fide acquirer, which had just begun to develop in Russia. In such a situation, any measures and checks ceased to operate or were greatly devalued in the judicial process.

"The court correctly stated that if a person is active throughout his life, enters into complex contracts and has a wealth of experience, he cannot suddenly turn into an "unconscious subject" just because of telephone deception. One of the most striking details confirming the seller's awareness of the actions in such disputes is his involvement in the nuances of the transaction. For example, bargaining about the price, discussing the timing of departure or the requirement to exclude specific interior items from the inventory," says Kashchaev.

Sergei Gavrilov, Chairman of the State Duma Committee on Property, Land and Property Relations, believes that the Supreme Court's decision forms an important guideline for law enforcement practice. According to him, despite the absence of a strict judicial precedent system in Russia, the positions of the Supreme Court are usually taken into account when considering similar cases.

At the same time, Natalia Scriabina, a lawyer at Leges Bureau and a member of the Russian Bar Association, notes that the number of fraudulent schemes in the real estate market is unlikely to decrease: as new protection mechanisms become available, attackers find ways to circumvent them.

On December 16, the Supreme Court of the Russian Federation recognized the ownership of the disputed apartment by Dolina to the buyer Polina Lurie. The court also decided to cancel all decisions of the lower courts in the case of the sale of the apartment of the actress.