RECLAMATION OF PROPERTY BY THE OWNER, WHO LOST POSSESSION AGAINST HIS WILL, FROM A BONA FIDE PURCHASER: LEGAL POSITIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

Abstract

In the article, the author analyzes the Resolution of the Constitutional Court of the Russian Federation № 16-P of 22.06.2017 “On the case about constitutionality verification of the provision of Article 302, Item 1 of the Civil Code of the Russian Federation in relation to the complaint of the citizen A. N. Dubovets” and the Resolution of the Constitutional Court of the Russian Federation № 35-P of 13.07.2021 “On the case about constitutionality verification of Article 302, Item 1 of the Civil Code of the Russian Federation in relation to the complaint of the citizen E. V. Mokeev”. The main issue in the documents presented is whether the reclamation of property by the owner, who lost possession against his will, from a bona fide purchaser is constitutional. In the course of the study, the author determines the legal position of the Constitutional Court of the Russian Federation about unconstitutionality of the reclamation of residential property from a bona fide purchaser by the owner, even though the owner lost his possession against his own will, but has not taken necessary measures in due time to control his property and title ownership to it.