A draft law that provides new grounds for reviewing court decisions has been developed
Russian Ministry of Justice has prepared amendments to procedural legislation in part of changing mechanism for reviewing court decisions.
New circumstances which will serve as a ground for reviewing judicial authority’s decision that has entered into force will include:
- recognition of legal act or its separate provision as inconsistent with provisions of Russian Constitution by Constitutional court of the Russian Federation;
- interpretation of legal act or its separate provision which is different from opinion of Constitutional court.
In both cases court decision’s review will be possible, if that very legal act served as a ground for making contested court ruling and the decision itself has not been executed or partially executed before Constitutional court’s decision is made.
Such amendments will allow courts to cancel court decisions that were made on the basis of acts that do not comply with Constitution of the Russian Federation. Cancellation of the court decision will be ground for enforcement proceedings’ termination.
If this draft law is adopted, relevant amendments will be made to Arbitration and Civil procedure Codes as well as to the Code of administrative procedure.