Applying the Consequences of Invalid Transactions: Theory and Law Enforcement Practice

The purpose of the study: the purpose of this study is to analyze the legal consequences of the invalidity of transactions from a theoretical and practical point of view, to consider the features and problems of the application by the courts of the main consequences of the invalidity of transactions. Conclusions: As a result of the study, the author made several conclusions, including that since 2013, the legislator has significantly changed the grounds for recognizing a transaction as disputed and applying the consequences of an invalid transaction, as well as limited the powers of the court in applying the consequences of an invalid transaction; in law enforcement practice, there have been changes in some grounds for applying the consequences of void transactions, in particular, since 2015, the Supreme Court of the Russian Federation has made changes to the grounds for recognizing a transaction as fake. Since 2015, there have been court decisions on recognizing transactions as fake, the purpose of which is to cover up other transactions, among which there are transactions that cover up transactions made with other participants and with other essential conditions. As a result of the analysis of examples of decisions of courts of general jurisdiction, as well as arbitration courts, various legal approaches of courts and arbitration courts to resolving issues related to the recognition of transactions as invalid and the application of the consequences of invalid transactions are traced.

invalid transaction, void transaction, disputed transaction, restitution, vindication