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.