Thematic Review of the Supreme Court of the Russian Federation on Cases Involving Challenges to Transactions Resulting in the Transfer of Ownership of Residential Premises
On July 1, 2026, by Resolution No. 15A/2026 of the Presidium of the Supreme Court of the Russian Federation, the “Thematic Review of the Supreme Court of the Russian Federation No. 12/2026. On cases related to challenges to transactions that resulted in the transfer of title to residential premises” was approved.
Today we note several key positions from the review: • The materiality of a mistake when contesting a residential transaction is not presumed automatically: the court assesses it in the context of the specific circumstances, taking into account the seller’s situation, state of health, and the significance of the transaction for them. • In disputes where it is claimed that a person could not understand the significance of their actions or control them at the time of the transaction, expert knowledge is crucial: such circumstances are typically established by a forensic examination, and the expert’s conclusions must be critically evaluated by the court together with other evidence. • If the original plaintiff in a challenge to a transaction has died, their successor (heir) may seek review of final judicial acts on the procedural grounds provided — where there are relevant new or previously unconsidered circumstances.
The review gives courts clearer guidance on proving and assessing the parties’ conduct, so we expect these approaches to be applied more actively in current and future disputes. Other conclusions and practical points highlighted by the Supreme Court in this review will be discussed in future posts.
