This article is the first part of the vindication research. The second part will focus on the analysis of academic positions. In this first part the author proves that the Constitutional Court of the Russian Federation unreasonably found inadmissible some constitutional claims of citizens who challenged the vindication related provisions of the Civil Code of Russia. Actual practice of the court on this issue assessed as contradictory, which has both positive and negative sides. When a positive assessment of the new clarification of the Supreme Court regarding bona fide purchaser criteria, it is criticized for the lack of attention to initiation of correction of new provisions of Art 200.1 of the Civil Code of Russia of limitation period which are erroneours when applied for vindication. An analysis of judicial statistics, in spite of shortcoming of its methodology, confirms: a) high social importance of vindication disputes, b) lack of population trust to the state compensations in cases of disputes related to vindication of property from a bona fide purchaser.
This article is devoted to analysis of peculiarities of the Institute restitution in civil law.
Discusses the concept and legal nature of restitution. Analyzes the relationship of restitution and vindication conditia. Formulated General conclusions and judgments in the study area.
The article raises the problem of restitution in the Russian civil law. The author concludes that restitution is not an optimal instrument to regulate the consequenses of invalid transactions.