In the Dolina case, the Supreme Court today overturned the lower courts' decisions and remanded Polina Lurye's eviction suit for a new trial at the first instance. Thus, the decision is both ours and yours. The decision, which concerns not so much Dolina as similar cases across the country, according to sources at the Cheka-OGPU and Rucriminal.info, effectively leaves the buyer's ownership rights, but the seller is awarded the right to live in the apartment. Eviction proceedings, given that the singer's daughter and granddaughter are registered in the apartment, will drag on endlessly. And even if Lurye succeeds years from now, try forcing bailiffs to forcibly evict the folk singer who poses for photos embracing Putin.
The seller's challenge to the transactions was denied; ownership of the residential property remains with the buyer, the judge declared. The court promised to issue a reasoned ruling tomorrow. Today's Supreme Court hearing on the sale of Larisa Dolina's apartment lasted over two hours and proceeded without her participation (it was announced that the singer was performing "at the main New Year's concert" in Moscow). Furthermore, the singer's lawyer, Maria Pukhova, requested a closed session due to the possible disclosure of medical confidentiality about her health. However, the panel of judges allowed not only photo and video recording, but even a live broadcast. Within the first few hours, it garnered a record number of views.
During the trial, the initial announced price of the property was revealed: 130 million rubles. During the auction, the parties agreed to lower it to 112 million.
The apartment's buyer, Polina Lurye, was present in person, wearing a hood and a medical mask. Her lawyer, Svetlana Sviridenko, insisted on the legality of the transaction, noting that Dolina acted consciously and consistently: she was conscious, discussed the details of the sale, and even initiated an additional agreement regarding retaining the right to the piano and concert chair. Therefore, this is a bona fide acquisition of the property, which, according to Lurye, was purchased not as an investment, but for living with her children. Moreover, according to Lurye's defense, Dolina emphasized that she owned another apartment in Moscow and a country house.
Furthermore, according to the defense, Dolina's behavior at the time of the sale gave no reason to doubt her legal capacity or the knowledge of her actions. It was impossible to assume that the artist was registered with a psychiatric hospital. Lurye's defense also pointed out that, despite public promises, the singer never transferred the money to the buyer. There was only a phone call from Dolina's representative.
The buyer demanded the singer's forced eviction from the disputed property.
Dolina's lawyer recalled that the singer was the victim of a sophisticated fraud and was deeply deluded. She was convinced that she was participating in some kind of "special operation," and the transaction was The sale of the apartment is fictitious, and after the "operation" is completed, the state will return the property to her.
The singer's defense claimed that a psychological and psychiatric evaluation confirmed the artist's inappropriate behavior at the time of the contract. However, Dolina refused to provide certificates from the psychiatric hospital, citing her status as a People's Artist of Russia.
According to Pukhova, Lurye had every opportunity to recognize the seller's misconception and prevent the transaction. Specifically, several people were registered in the apartment at the time of the sale, including Dolina's minor granddaughter. However, the buyer's side failed to contact the child's mother to find out whether she was aware of the sale.
Furthermore, the lawyer called the condition of payment in cash "extremely suspicious." According to the defense, the payment consisted of "two suitcases of bills." However, Lurye, who has been involved in real estate for a long time, did not insist on cashless payment or notarization of the transaction.
