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The Presidium of the Moscow City Court revoked the resolution of the first and second instances that declared a marriage invalid


Pursuant to the decision of the Tverskoy District Court of the City of Moscow of 25.11.2004, the marriage of Russian citizens I.N. Konyukhova and A.P. Bogush was declared null and void. The basis for this decision was the circumstance that the Respondent, in registering his marriage to the Claimant, had no intention of creating a family, but was motivated by the intention of acquiring an apartment in Moscow. The cassational instance of the Moscow City Court of 18.03.2005 supported the indicated decision.

A.P. Bogush applied to the law firm “YUST” with a request to file a complaint with the supervisory instance against the above-mentioned court acts, as the courts in question had committed clear and substantial violations of legal norms.

“YUST” attorneys drew up a supervisory complaint to the Presidium of the Moscow City Court on the basis of the following arguments. The apartment in question was received bu both the Respondent and the Claimant by order on equal terms at that time; at the moment of the issue of the order, the Respondent had the legal right to supplementary living space of 20 square meters due to his status as a candidate of sciences. Consequently, it was due to the Respondent’s status that the married couple could improve their living conditions. Moreover, the decision against which the complaint is directed contains no explanation of the circumstances why evidence given by witnesses for the Respondent were not taken into account, while the testimony of witnesses for the Claimant are set out in detail.

The supervisory complaint was filed on 19.05.2005.

The matter was withdrawn from the first instance on 20.06.2005 and transferred to the Presidium for consideration in substance on 19.08.2005.

At its hearing on 08.09.2005, the Presidium analyzed the arguments set out in the complaint, and deemed them deserving of attention and requiring a review of the court acts made. The decision of 25.11.2004 and the determination of the cassational instance of 18.03.2005 were revoked, and the matter was directed to the Tverskoy District Court of the City of Moscow for a new consideration.

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