Round Table in the State Duma: Clarifications on the Issue of 'Guided Sellers'

At the round table on November 20, in the State Duma, Supreme Court of the Russian Federation Judge Tatyana Yuryevna Vavilycheva provided important clarifications on the pressing issue of 'guided sellers.'

Key points:

Surges in lawsuits regarding the invalidity of transactions are a cyclical situation: privatization, escheat property, marital shares, bankruptcy transactions. Each time, judicial practice stabilized thanks to the positions of the Supreme Court and the Constitutional Court, and targeted changes in legislation.

Today, the main challenge is not the qualification of the transaction itself, but the enforcement of the court decision. Often, the seller has already received and spent the money, and then seeks to have the transaction declared invalid through the court. Formally, the law is on their side, but it is practically impossible to return the funds to the buyer.

The solution lies in detailing the decisions. The Supreme Court judge emphasized: courts need to record the order of execution of their decisions as thoroughly as possible. In particular, it should be specified that the return of money to the buyer is the initial action, and only after that are registration changes made.