Legal encyclopedia. Letter P

REVISION ON AGAIN. OPENING CIRCUMSTANCES.

The proceedings to review the judicial acts that have entered into legal force on newly discovered circumstances are possible in civil, criminal and arbitration proceedings.

The newly discovered circumstances include circumstances that existed at the time the judgment entered into legal force, but were not known to the court.

The sentence that has entered into legal force, the ruling and the decision of the court can be revoked and the proceedings resumed in view of newly discovered circumstances.

The newly discovered circumstances are:

1) knowingly false testimony of a witness, deliberately false expert opinion, knowingly incorrect translation, falsification of evidence, which led to the adoption of an illegal or unjustified decision, the court's determinations and those established by the person who entered

Validity of a court verdict;

2) material circumstances that were not and could not be known to the applicant;

3) the crimes of the parties, other persons participating in the case, their representatives, the crimes of judges committed during the examination and resolution of this case and established by the court verdict that came into force;

4) the cancellation of the decision, sentence or ruling of the court or the decision of the state body or local government that served as the basis for the decision or determination of the court.

In addition to the above circumstances, the APC of the Russian Federation names the recognition by the Constitutional Court of the RF of the law that was applied by the arbitration court in a particular case as a basis for the revision of judicial acts on newly discovered circumstances, in connection with the adoption of a decision on which the applicant applied to the Constitutional Court of the Russian Federation; The violation of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms by the European Court of Human Rights

Arbitration court of a particular case, in connection with the decision on which the applicant applied to the European Court of Human Rights.

The decision that has entered into legal force, the definition of the court of first instance, shall be reviewed, following the newly discovered circumstances, by the court that adopted the decision, the ruling. The review of the decisions, the rulings of the courts of appeal, cassation or supervisory instance, on the basis of which the decision of the court of first instance was changed or a new decision was made, is reviewed by the court that changed the court decision or adopted a new decision (Article 393 of the RF Code of Civil Procedure).

The application, the submission of a review of the newly discovered circumstances of the decision, the determination of the court shall be submitted by the parties, the prosecutor, other persons participating in the case to the court that made the decision or determination. Such a statement, submission may be filed within 3 months from the date of establishing the grounds for revision. The Code of Criminal Procedure establishes that the revision of the conviction in view of newly discovered circumstances in favor of the convicted person by any

Terms are not limited; Revision of the acquittal, or determination, order to terminate the criminal case, or conviction in connection with the mildness of punishment or the need to apply to a convicted criminal law for a more serious crime is allowed only during the limitation period for bringing to criminal responsibility established by Art. 78 of the Criminal Code of the Russian Federation, and not later than one year from the date of discovery of newly discovered circumstances. At the request of the person who filed the application, the missed deadline for filing an application can be restored, provided that the application is submitted no later than 6 months after the discovery of the circumstances that are grounds for the revision, and the court recognizes the reasons for missing the period valid (paragraph 2 of Article 312 of the APC of the Russian Federation ).

According to Art. 396 of the Code of Civil Procedure of the Russian Federation, the court considers the application for review of the newly discovered circumstances of the decision, determination of the court in the court session. The parties, the prosecutor, other persons participating in the case are notified of the time and place of the court session, however their failure to appear is not an obstacle to the consideration of the application. However, Art. 415 of the Code of Criminal Procedure provides that the right to initiate

Production due to newly discovered circumstances, belongs to the prosecutor. The Prosecutor shall, on his own initiative or upon application, communication of citizens, issue a resolution to institute proceedings in view of newly discovered circumstances, if there are grounds listed in Art. 413 of the Code of Criminal Procedure. On this fact, the prosecutor has the right to make an audit, after which, and in the presence of grounds for the resumption of proceedings in a criminal case, he sends the case with his imprisonment, as well as a copy of the verdict and materials to the court (Article 416 of the Code of Criminal Procedure).

On the adoption of applications for production, the court makes a ruling.

In accordance with Art. 315 of the Arbitration Court of the Russian Federation, the arbitral tribunal shall return to the applicant the application for review of the judicial act on newly discovered circumstances submitted by him if he determines, when deciding whether to accept it for production, that:

1) the application was filed in violation of the rules established by Art. 310 of the AIC of the Russian Federation;

2) the application is submitted after the expiration of the deadline and there is no request for its restoration or in the restoration of the missed deadline for filing an application;

3) the requirements for the form and content of the application are not met.

The court, having considered the application for review of the newly discovered circumstances of the decision, the ruling of the court, or satisfies the application and revokes the decision, the ruling of the court, or refuses to review them. In criminal proceedings, in addition to the decisions listed above, the court is entitled to reject the prosecutor's conclusion.

In the case of the cancellation of a judicial act on newly discovered circumstances, the case is re-examined by the same court, with which the judicial act that was earlier adopted was revoked. According to Art. 317 of the Arbitration Court of the Russian Federation, the arbitration court has the right to reconsider the case immediately after the cancellation of the judicial act in the same court session if the persons participating in the case or their representatives are present at the hearing and did not raise objections to the consideration of the case on the merits, in the same court session .