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Commentary to the Civil Procedure Code of the Russian Federation (continuation)

M.R. ZAGIDULLIN,
Candidate of Legal Sciences, Associate Professor
of the Department of Environmental, Labor Law and Civil Procedure
of the Kazan (Volga Region) Federal University

I.V. RESHETNIKOVA,
Doctor of Legal Sciences, Professor,
Head of the Arbitration Court of the Ural District

R.B. SITDIKOV,
Candidate of Legal Sciences, Senior Lecturer
of the Department of Environmental, Labor Law and Civil Procedure
of the Kazan (Volga Region) Federal University

DOI: 10.24031/2226-0781-2017-7-2-73-111

The commentary provides an analysis of Chapter 41.1 of the Civil Procedure Code of the Russian Federation «Proceedings in the Court of Supervising Instance». Special attention is given to the following amendments to civil procedural law in the part of the Supervisory review. Federal law of December 9, 2010 No. 353-FZ «Оn Amendments to the Civil Procedure Code of the Russian Federation» introduced significant changes to the system of appeal, cassation and Supervisory review. Supervisory review is retained as the extraordinary method of verification of judicial decisions. The authority to review judicial decisions by way of supervision remains exclusively with the Presidium of the Supreme Court. We can highlight the main areas in which there was the reform of this stage of the procedure. First, it is establishing a time period of possibility to review in the order of supervision judicial decisions entered into legal force. Previously, the Civil Procedure Code of the RSFSR provided for the possibility of a perpetual (i.e. not limited) the challenge of Supervisory review of judicial acts entered into legal force. This provision as guarantee of the verification of the legality of an enforceable judicial acts, however, could not contribute to the stability of judicial decisions. Now in the CIS countries including in Russia, there is an establishment of limited term within which revision of judicial decisions which have taken legal effect is possible. Second, the grant of Supervisory appeal against judicial decisions entered into legal force, not only listed in the law officials but also the persons involved in the case. This reflects a general trend of reducing the powers of the prosecutor in civil proceedings, including regulatory proceedings. Third, the legislative regulation is subjected to the various entities until a decision on reconsideration of a judicial decision entered into legal force. We are talking about bringing the Supervisory review and verification for certiorari to resolve the question about the need for judicial review of the order in court.

Keywords: proceedings in the court of supervising instance; civil procedure; supervising; comment; comment of the Civil Procedure Code.

Information about the authors 

Zagidullin M.R. (Kazan, Russia) – Candidate of Legal Sciences, Associate Professor of the Department of Environmental, Labor Law and Civil Procedure of the Kazan (Volga Region) Federal University (420000, Kazan, Kremlyovskaya St., 18, e-mail: zagidullin. [email protected]); 

Reshetnikova I.V. (Yekaterinburg, Russia) – Doctor of Legal Sciences, Professor, Head of the Arbitration Court of the Ural District (620075, Ekaterinburg, Lenin St., 32/27; e-mail: [email protected]); 

Sitdikov R.B. (Kazan, Russia) – Candidate of Legal Sciences, Senior Lecturer of the Department of Environmental, Labor Law and Civil Procedure of the Kazan (Volga Region) Federal University (420000, Kazan, Kremlyovskaya St., 18; e-mail: ruslan.sitdikov@ gmail.com). 

Recommended citation 

Zagidullin M.R., Reshetnikova I.V., Sitdikov R.B. Kommentarij k Grazhdanskomu protsessual’nomu kodeksu Rossijskoi Federatsii (prodolzhenie) [Commentary to the Civil Procedure Code of the Russian Federation (continuation)]. Вестник гражданского процесса = Herald of Civil Procedure, 2017, no. 2, p. 73–111. (In Russian) DOI: 10.24031/2226-0781-2017-7-2-73-111

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M.R. Zagidullin, I.V. Reshetnikova, R.B. Sitdikov