Legal Consequences of Declaring Sham Transactions Invalid: An Analysis of Law and Judicial Practice

The article is devoted to the study of the civil consequences of recognizing fraudulent transactions as invalid in the framework of Russian civil law. The article considers the theoretical foundations of the institution of invalid transactions, the specifics of the qualification of fake transactions and the legal consequences of their nullity. Particular attention is paid to judicial practice reflecting the approaches of courts to resolving disputes arising from the identification of fraudulent transactions. Specific court decisions are analyzed, trends and problems of law enforcement practice are identified. Recommendations are proposed for improving the current legislation in order to increase the effectiveness of protecting the rights of participants in civil law relations.

Authors

Publication Details

Journal
Arbitrazh-civil procedure
Published
2026-11-05
DOI
https://doi.org/10.18572/1812-383x-2026-11-33-37
Primary Topic
Legal principles and applications
Type
article
Field-Weighted Citation Impact
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article

Legal Consequences of Declaring Sham Transactions Invalid: An Analysis of Law and Judicial Practice

Syuzanna K. Abramyan
Arbitrazh-civil procedure
Legal principles and applications
article

Legal Consequences of Declaring Sham Transactions Invalid: An Analysis of Law and Judicial Practice

Syuzanna K. Abramyan
article en

Abstract

The article is devoted to the study of the civil consequences of recognizing fraudulent transactions as invalid in the framework of Russian civil law. The article considers the theoretical foundations of the institution of invalid transactions, the specifics of the qualification of fake transactions and the legal consequences of their nullity. Particular attention is paid to judicial practice reflecting the approaches of courts to resolving disputes arising from the identification of fraudulent transactions. Specific court decisions are analyzed, trends and problems of law enforcement practice are identified. Recommendations are proposed for improving the current legislation in order to increase the effectiveness of protecting the rights of participants in civil law relations.

Arbitrazh-civil procedure
Openalex Percentile: Top 5%
Legal principles and applications
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