Lecture No. 15

1. Grounds for reviewing an act that has entered into legal force due to newly discovered circumstances

The subject of judicial activity when reviewing a court decision on newly discovered grounds are unenforceable judgments. Any decisions, rulings, ordinances may be reviewed due to newly discovered circumstances, if these circumstances at the time of the resolution of the case were not known to either the persons participating in the case or the court.

grounds for the revision of the decision, ruling of the court, decision of the presidium of the court of the supervisory instance, which have entered into force, due to newly discovered circumstances, are:

1) significant circumstances for the case, which were not and could not be known to the applicant;

2) knowingly false testimonies of a witness, a knowingly false conclusion of an expert, a knowingly incorrect translation, falsification of evidence that entailed the adoption of an illegal or unjustified decision, court ruling, decision of the presidium of a court of a supervisory instance and established by a court verdict that has entered into legal force;

3) crimes of the parties, other persons participating in the case, their representatives, crimes of judges committed during the consideration and resolution of this case and established by a court verdict that has entered into legal force;

4) annulment of the decision, sentence, ruling of the court or ruling of the presidium of the court of the supervisory instance or ruling of the state body or local self-government body, which served as the basis for the decision, ruling of the court or ruling of the presidium of the court of the supervisory instance.

Significant circumstances for the case will be those circumstances that can affect the outcome of the case, i.e. these circumstances, to one degree or another, should change, terminate or contribute to the emergence of a substantive or procedural right of the person who filed the application. Thus, those circumstances that arose after the issuance of a court decision cannot be considered as newly discovered circumstances, even if they entail the emergence, change or termination of a substantive or procedural right.

Newly discovered circumstances are circumstances that existed at the time of the issuance of the court decision, but the persons participating in the case or the court did not know about them and could not know. In addition to the existence of newly discovered circumstances, in order to go to court, it is necessary to have a court ruling that has entered into legal force that such circumstances exist.

2. The procedure for applying to the court with an application for review of a judicial act due to newly discovered circumstances

The parties, the prosecutor, other persons participating in the case have the right to file an application, a presentation on the revision of a decision, court ruling, decision of the presidium of a court of supervisory instance due to newly discovered circumstances. Such applications are filed with the court that issued the decision, ruling or ruling. Such an application, presentation may be submitted within 3 months from the date of establishing the grounds for revision (Article 394 of the Code of Civil Procedure of the Russian Federation). The term for filing an application, submission for review due to newly discovered circumstances is procedural, therefore, in the manner prescribed by procedural legislation, it can be restored. For this type of proceedings, the deadlines for filing an application for revision due to newly discovered circumstances are established in view of the existing grounds for revision.

Application deadlines, if significant circumstances are discovered that were not and could not be known to the applicant, are calculated from the day the essential circumstances were discovered. If deliberately false testimonies of witnesses, a false expert opinion, mistranslation, falsification of evidence, crimes of the parties, their representatives, etc. If there has been an annulment of the decision, sentence, ruling of the court or decision of the presidium of the court of the supervisory instance or the decision of the state body or local self-government body, which served as the basis for the adoption of the decision, ruling of the court or the decision of the presidium of the court of the supervisory instance, then the period is calculated from the day the decision enters into legal force, definitions, ordinances.

3. Consideration of an application (submission) on newly discovered circumstances

The court, having considered the application for review due to newly discovered circumstances, either satisfies the application and cancels the decision, ruling, court order, or refuses to review the case. The ruling of the court on satisfaction and review of the case due to newly discovered circumstances is not subject to appeal. Proceedings in the supervisory instance on an application for review of the case due to newly discovered circumstances take place in accordance with the rules of civil proceedings.

After considering and resolving the case on the merits, the court shall issue a ruling, which must contain:

1) the time and place of issuing the ruling;

2) the name and composition of the court;

3) information about the person who filed the application;

4) a summary of the judicial act, on the revision of which the question is raised;

5) a summary of the submitted materials and explanations of the persons participating in the case;

6) conclusions of the court;

7) the rules of law that the court was guided by when issuing the final ruling.

Author: Gushchina K.O.

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