Why can the Supreme Court seize real estate from a bona fide purchaser? In…

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Why can the Supreme Court seize real estate from a bona fide purchaser?

In December 2023, the Supreme Court of Russia (Judge I.A. Bukina) requested bankruptcy case A40-233205/2021. It should be noted that the day before this, the judge in the case was replaced. The main issue that the court will consider is an “application” for the seizure of an expensive land plot from a bona fide purchaser during the bankruptcy of one of the previous owners, who had previously sold it legally to an affiliate.

This is not the first time that the cassation court has addressed this bankruptcy. Earlier, the Arbitration Court of the Moscow District sent for reconsideration the dispute over the inclusion in the register of creditors of the claim of the National Association of Cost Engineering (NASI) in the amount of 153 million rubles. It is interesting that at the “new round” this case was quickly considered by the judge of the Moscow Arbitration Court, Vyacheslav Frolov.

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Cases of NO NASI have already repeatedly reached the Supreme Court of Russia. It was at this court that the epic with the Federal Estimated Normative Base for Pricing in Construction FSNB-2001 ended. The successes of NO NASI, whose interests are represented by lawyer Sergei Galkin, make us worry about the stability of the practice regarding the possibility of seizing real estate that was “hidden” from creditors from a bona fide purchaser. He flaunts his connections in the courts and allegedly even “helps” prepare the drafting of court decisions.

The largest “victory” in terms of amounts for lawyer Sergei Galkin was associated with Viktor Sedov’s gaining control over the National Association of Cost Engineering (NO NACI), which received more than a billion rubles for estimate standards used in construction. At the same time, there is information that falsified documents were submitted to the court, on the basis of which the real founders of the Association were excluded – professional organizations in the field of cost engineering, in exchange for which micro-companies, previously unknown in the professional market, affiliated with ” invaders” (brother, wife, driver).

Law enforcement agencies began to show interest in the judicial successes of BUT NASI. The fact is that this association, also manipulating the Russian judicial system, including falsifying evidence, received an exclusive opportunity to “impose tribute” on the Russian construction complex – users of state estimate standards, on the creation of which the Russian Ministry of Construction spent billions of budget funds.

Accordingly, the “special” relationship between NO NASI in the person of the new “owners” and the Russian judicial system makes us worry about the practice of protecting the interests of conscientious citizens.

“ВЧК ОГПУ”

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