Aleksander Petrov | comments for the «Advokatskaya Gazeta»: The SC reminded what has to be taken into account when considering disputes on registration of title

Attorney of ART DE LEX law firm Aleksander Petrov noted that the Supreme Court considered questions of application of provisions of the arbitration procedure legislation on the right of a person not taking part in a dispute for challenging of judicial acts made on the case and on the very right of such person to be engaged in the dispute consideration. The expert emphasized that this dispute was not the first of this type that reached the Supreme Court (Ruling of 8 June 2022 No. 305-ЭС22-1788).

Alexander Petrov stated that the SC judges did not agree with the approach of the lower courts which believed that the subject of the dispute is not connected with questions of ownership of the property to be registered and may be limited to verification of legality of the reasons for a decline in state registration. According to the expert, such questions occasionally arise in case law, but, as a rule, courts engage in the proceedings presumed owners of the property, registration of the title for which was the reason of the dispute, which is in line with the general practice of liberal application by courts of rules for third party engagement. «In fact, from the practical point of view, it is better to engage a person as a third party, then to subsequently receive a cancellation of the determination to deny. Besides, according to the existing procedural rules, such challenging may significantly delay the consideration of the dispute», - presumes the expert. 

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