With the assistance of the Commissioner for Human Rights in Russia justice has been restored in the case of Mr V.
The Supreme Court of Russia held to acknowledge Mr V’s ownership of the apartment in Moscow and annulled the decision to take it from the adverse possession and to evict its residents therefrom.
Previously, in 2012 the Taganskiy District Court of Moscow held to acknowledge Mr V’s ownership null and void and to return the apartment into ownership of the city. The Commissioner for Human Rights in Russia submitted a petition to the Supreme Court of Russia to annul the above judgement due to the significant violation of the substantive law norms. Having considered all circumstances of the case, the court restored Mr V’s ownership of the apartment.
It should be reminded that in March 2012 during the divorce between Mr and Mrs V some new circumstances were discovered. According to the newly discovered facts the apartment purchase transaction made in 1994 was held illegal. However, Mr V was not aware of the fraud and acted as a bona fide purchaser.