Civil procedural law. The concept, features and grounds for reviewing, based on newly discovered circumstances, decisions, determinations and decrees that have entered into legal force (the most important)

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Civil procedural law. The concept, features and grounds for reviewing, based on newly discovered circumstances, decisions, determinations and decrees that have entered into legal force (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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75. CONCEPT, FEATURES AND GROUNDS FOR THE REVISION DUE TO NEWLY DISCOVERED CIRCUMSTANCES OF DECISIONS, DEFINITIONS AND REGULATIONS THAT HAVE ENTERED INTO FORCE

Revision due to newly discovered circumstances - an independent exceptional stage of the civil process, initiated at the request of the person participating in the case, or his representative, challenging the judicial act in connection with the discovery of new existing circumstances that were not and could not be known to the applicant during the trial.

A newly discovered circumstance - a legal fact that was not and could not be known to the person who subsequently declared this to the court at the time of the consideration of the case and casting doubt on the conclusions made by the court.

Features of the revision stage due to newly discovered circumstances:

1) independent goal of this stage - identification of grounds for subsequent verification of the compliance of the court decision with the actual circumstances of the case;

2) object of the revision stage due to newly discovered circumstances - decisions and rulings of the court that have entered into legal force. The appealed judicial decision is formally legal and justified, and the conclusions of the court are confirmed by the evidence examined in court, and only after the discovery of newly discovered circumstances, the compliance of the decision with the objective (judicial) truth is called into question.

Revision of court decisions due to newly discovered circumstances is carried out by the court that changed the court decision or adopted a new decision of Art. 393 Code of Civil Procedure of the Russian Federation).

The grounds for reconsideration on newly discovered circumstances of the decision, ruling of the court that have entered into force are:

1) circumstances significant to the case that were not and could not be known to the applicant at the time of consideration of the case;

2) knowingly false testimonies of a witness, knowingly false conclusion of an expert, knowingly mistranslation, falsification of evidence that entailed the adoption of an illegal or unreasonable decision, court ruling 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) cancellation of the decision, sentence, court ruling or decision of the state body or local self-government body, which served as the basis for the decision or ruling of the court (Article 392 of the Code of Civil Procedure of the Russian Federation).

Courts reviewing cases on newly discovered circumstances:

1) the first instance, which made the decision and determination;

2) the appellate instance that changed the decision or issued a new decision;

3) the cassation instance that changed the decision or issued a new decision;

4) the supervisory authority that issued a decision or ruling on changing the decision or issuing a new decision.

In contrast to the previous legislation, the range of judicial acts subject to revision due to newly discovered circumstances has been expanded.

Author: Gatin A.M.

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