A.R. Sultanov,

Head of Legal Department «Nizhnekamskneftekhim»

The subject to review in this article was the question of the constitutionality of the paras. 3 and 4 of pt. 4 of art. 392 in conjunction with art. 11 of the Code of Civil Procedure of the Russian Federation to the extent on which these regulations permit revision that came into force adopted by the court of general jurisdiction of the court decision in the presence of opposing legal positions of the European Court of Human Rights and the Constitutional Court of the Russian Federation regarding the compliance of national legislation applied in a particular case. The provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms allow the review of judicial decisions on the basis of the ECHR judgment. The courts within its jurisdiction can act in such a way as to ensure compliance with the state’s obligations arising from the participation of the Russian Federation to the Convention for the Protection of Human Rights and Fundamental Freedoms. If the judicial proceedings were identified circumstances that contributed to the violation of the rights and freedoms guaranteed by the Convention, the court may issue a special ruling (or decision), which draws the attention of relevant organizations and officials to the circumstances and facts of violation of these rights and freedoms, requiring necessary action. 

Keywords: civil procedure; the Constitutional Court of the Russian Federation; the European Court of Human Rights; the review on the bases of new and newly discovered evidences.