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On the Question of the Validity of Decisions of the Constitutional Court of the Russian Federation

Yu.A. Timofeev,
Candidate of Legal Sciences, Assistant Professor of the Department 
of Civil Procedure of the Ural State Law Academy

The author analyzes the possibility of reviewing judgments on newly discovered evidence in the process in relation to the changes in court procedures. This possibility, in certain cases, gets at odds with the position of the Constitutional Court in regard that the enforcement authority can not use the Constitution of the Russian Federation, excluding the interpretation expressed in the legal position of the Constitutional Court. The position of the Supreme «Arbitrazh» (Commercial) Court of the Russian Federation allowed that possibility. Chronologically, the development of this situation has had 4 stages: the first stage as the basis for the revision acted by Plenum or the Presidium of the Supreme «Arbitrazh» (Commercial) Court of the Russian Federation, which gave retroactive effect on the refusal to transfer the case to the court of supervisory jurisdiction. At the second stage there was the basis for revising the act or decision of the Plenum or the Presidium of the Supreme «Arbitrazh» (Commercial) Court of the Russian Federation, which pointed directly at making the presentation of the legal views of retroactivity. In the third phase regulatory consolidation in the second stage review mechanism on new or newly discovered circumstances was formed. At the fourth stage the interpretation regulations governing the manner in which the decree of the Plenum or the Presidium of the Supreme «Arbitrazh» (Commercial) Court of the Russian Federation on the possibility of revising becomes enforceable judgment were given.

Keywords: Constitutional Court of Russian Federation; arbitration; litigation; review of new or newly discovered circumstances, the Supreme «Arbitrazh» (Commercial) Court of the Russian Federation, the Constitution of the Russian Federation.


References 

  Tsaliev A.M., Kachmazov O.Kh. Human rights functions of constitutional justice and prosecutors («Consultant Plus»). Rahmilovich V.A. Do the rules of the invalidity of transactions in good entrepreneur («ConsultantPlus»). 
   Shiryaev B. The Constitutional Court protects bona fide purchasers («Consultant Plus»). Kokotov A.N. Bound by decisions of the Constitutional Court of the Russian Fed- eration («ConsultantPlus»). 
   Timofeev Yu.A. On the approach of the Constitutional Court of the Russian Feder- ation to establish the Supreme Arbitration Court of the symbiosis and the supervisory review proceedings on new circumstances // Arbitration and Litigation. 2011. No. 5. P. 26. 
   Zhilin G.A. Justice in civil matters: issues («ConsultantPlus»). 
   Kozhevnikov O.A. Application of the Arbitration Procedure Code should be based on the legal position of the Constitutional Court («ConsultantPlus»). 
    Nikitin S.V. Judicial review of the regulations in the civil and arbitration proceedings («ConsultantPlus»). 
    Kalinowski K.B. Restoration of constitutional rights, the violation of which is established decisions of the Constitutional Court of the Russian Federation («ConsultantPlus»). 
    Goncharov M.V. Rightful and law-making aspects of the decision and the legal position of the Constitutional Court in time («ConsultantPlus»). 

Information about the author 

   Timofeev Yu.A. (Ekaterinburg) – Candidate of Legal Sciences, Assistant Professor of the Department of Civil Procedure of the Ural State Law Academy (620137, Russian Federation, Ekaterinburg city, Komsomolskaya st., 21, room 404, e-mail: kafedra.gp@gmail.ru).

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Yu.A. Timofeev