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ON THE RESUMPTION OF PROCEEDINGS WHEN NEW EVIDENCE HIDDEN BY THE PARTY IS REVEALED

JUDICIAL AUTHORITY AND PRACTICE


A.R. SULTANOV

A.R. SULTANOV,
Head of the Legal Department of the PJSC “Nizhnekamskneftekhim”,
Member of Association for Better Living and Education (ABLE)

DOI: 10.24031/2226-0781-2019-9-4-236-249

The existing judicial practice was formed at a time when new evidence could be submitted
to the cassation and supervisory instance. However, today neither the Arbitration Procedure
Code of the Russian Federation, nor the Civil Procedure Code of the Russian Federation
admits the inclusion of new evidence with complaints. According to the author, the gap
in the legal regulation has become unreasonable and arbitrary restriction of the right
to judicial protection, and the explanations of the Constitutional Court of the Russian
Federation were not fully understood either by the legislator or by the highest judicial
instances. In this article, the author analyzed how the courts now motivate the preservation
of previously established practice. The author cites examples of judicial practice and
substantiates the position on the unfairness of the current approach, suggests an approach
that makes it unprofitable to withhold evidence, and will be able to strengthen the rule of
law and prevent offenses in the field of business and other economic activities; respect for
the law and the court will be formed.

Keywords: arbitration procedure; revision of newly discovered facts; new evidence;
interpretation; unconstitutional interpretation.

References

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Information about the author

Sultanov A.R. (Nizhnekamsk, Russia) – Head of the Legal Department of the
PJSC “Nizhnekamskneftekhim”, Member of Association for Better Living and Education
(ABLE) (PJSC “Nizhnekamskneftekhim”, Nizhnekamsk, 423574, Russia; e-mail:
aidar_sult@mail.ru).

Recommended citation

Sultanov A.R. On the Resumption of Proceedings When New Evidence Hidden by
the Party Is Revealed. Herald of Civil Procedure, 2019, vol. 9, no. 4, p. 236–249. (In Russian).
https://doi.org/10.24031/2226-0781-2019-9-4-236-249

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