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Objects of Revision in Cases on New and Newly Discovered Facts, and Subjects, Initiates the Revision

OBJECTS OF REVISION IN CASES 
ON NEW AND NEWLY DISCOVERED FACTS, AND SUBJECTS, 
INITIATES THE REVISION 

L.A. TEREKHOVA 
Doctor of Legal Sciences, Professor, Head of the Civil Procedure 
Department of Omsk State University 

The article analyses problems, associated with the determination of judicial acts (objects) that may be reviewed due to the new and newly discovered facts; as well as range of persons (subjects) that may apply to the court in such cases. The research is based on the provisions of the Civil Procedure and Arbitration Procedure Codes and the Code of Administrative Proceedings, as well as on the positions of the Supreme Court and Supreme Court of Arbitration. Among the objects of revision may be distinguished court’s decisions, some kind of definitions and the court order. The subjects, entitled to lodge an application for review, are, in the author’s view, the persons, taking part in the proceedings. A proposal to vest persons that did not take part in the proceedings, but considering their rights and obligations to be affected by court’s ruling, with a right to lodge such an application is approached with criticism. The rights of public prosecutor in this stage of court proceedings are to be restricted as well. 

Keywords: review; newly discovered facts; new facts; judicial self-control; court order; competence of the public prosecutor; persons that did not take part in case consideration

References 

   Kommentarij k Grazhdanskomu processual’nomu kodeksu Rossijskoj Federacii [Comment to the Civil Procedure Code of the Russian Federation]. Ed. V.I. Nechaev. M.: Norma, 2008. (In Russian). 
   Kommentarij k Arbitrazhnomu processual’nomu kodeksu RF [Comment to the Arbitration Procedure Code of the Russian Federation]. Ed. A.A. Ivanov. M., 2011. (In Russian). 
   Praktika primenenija Arbitrazhnogo Processual’nogo Kodeksa Rossijskoj Federacii [The practice of applying the Arbitration Procedure Code of the Russian Federation]. Ed. I.V. Reshetnikova. 2nd ed. M.: Jurajt, 2012. (In Russian). 

Information about the author: 

Lydia A. Terekhova (Omsk) – Doctor of Legal Sciences, Professor, Head of the Department of Civil Procedure of the Omsk State University (644065, Omsk, 50 let Profsoyuzov, 100/1; e-mail: [email protected]).

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L.A. Terekhova