Herald of Civil Procedure
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Are There Conflict between para. 3 and para. 4 of pt. 4 of art. 392 of the Civil Procedure Code of the Russian Federation?

N.A. Gromoshina,
Doctor of Legal Sciences, Professor of the Department of Civil and Administrative Proceedings 
of the Kutafin Moscow State Law University (MSLA) 

A.A. Ostroumov,
Candidate of Legal Sciences, Associate Professor of the Department of Civil and Administrative Proceedings 
of the Kutafin Moscow State Law University (MSLA)

E.G. Streltsova,
Candidate of Legal Sciences, Associate Professor of the Department of Civil and Administrative Proceedings 
of the Kutafin Moscow State Law University (MSLA) 


This article analyzes the possibility of revision the judgment adopted by the court of general jurisdiction and came into force in the presence of opposing legal positions of the European Court of Human Rights and the Constitutional Court of the Russian Federation regarding the compatibility of national legislation applied in a particular case to the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms. Re-examining the case in accordance with the rules of the court, it must consider together the previously identified the circumstances relevant to the case and also newly discovered or new circumstances; and after all the court must draw conclusions on the merits of the case. It is important to bear in mind that in the case of cancellation judgment in the rules of art. 42 of the Code it does not mean that the subsequent examination of the case by the rules of the first, appeal, cassation or supervisory instance court will necessarily be rendered judgment opposite to that which was abolished by the rules of ch. 42 of the Civil Procedure Code of the Russian Federation. 

Keywords: legal positions of the European Court of Human Rights; Constitutional Court of the Russian Federation; revision of judicial acts.


Information about the authors
 
  Gromoshina N.A. (Moscow) – Doctor of Legal Sciences, Professor of the Department of Civil and Administrative Proceedings of the Kutafin Moscow State Law University (MSLA) (123995, Moscow city, Sadovo-Kudrinskaya st., 9; e-mail: gprocess@yandex. ru). 

  Ostroumov A.A. (Moscow) – Candidate of Legal Sciences, Associate Professor of the Department of Civil and Administrative Proceedings of the Kutafin Moscow State Law University (MSLA) (123995, Moscow city, Sadovo-Kudrinskaya st., 9; e-mail: [email protected]). 

  Streltsova E.G. (Moscow) – Candidate of Legal Sciences, Associate Professor of the Department of Civil and Administrative Proceedings of the Kutafin Moscow State Law University (MSLA) (123995, Moscow city, Sadovo-Kudrinskaya st., 9; e-mail: gprocess@ yandex.ru).

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N.A. Gromoshina, A.A. Ostroumov, E.G. Streltsova