Problems of Legal Qualification of the Bargains, Contradicting to the Law and Combating the Public Interests and Interests of Third Parties, and Its Consequences

Abstract

The article analyzes the amended version of Article 168 of the Civil Code of the Russian Federation on the invalidity of bargains that are contrary to the law or other legal act. Following the proposals of developers of program documents for the reform of civil law, a rule was introduced in domestic law on the voidness of only that illegal bargain that encroaches on the public interests and the interests of third parties. At the same time, within the meaning of this legal norm, such a transaction is void only if its law does not imply its viability and the need to apply other consequences of the violation that are not related to the invalidity of the bargain. Based on an analysis of the provisions of civil law resulting from the reform of 2013 and 2015, “other consequences of the violation not related to the invalidity of the transaction” are investigated, and it is also concluded that the legislative decision to establish the possibility of following the contestability of such a bargain from the law cannot be evaluated positively taking into account the importance of the rules on the invalidity of bargains for the stability of civil turnover and the interests of participants in legal relations.