Since 2013, a civil case can be reviewed in case of a change in judicial practice. Legislators have introduced a number of innovations, according to which it is allowed to change the decision after its entry into force.
The Civil Procedure Code of Russia allows the revision of any civil case on the basis of newly discovered or new circumstances. For this, a special procedure has been developed for submitting an application and its consideration.
When a claim can be reviewed
Not every case is allowed to be considered anew, but only the one that falls under the requirements of the law. The normative act contains a clear definition of the grounds on which the case can be reviewed. These include:
- newly established facts that were already on the day of the court verdict;
- new circumstances that have arisen after the court's decision, but affecting the essence of the considered requirements.
Newly discovered circumstances should include:
- previously unknown facts about which the applicant did not know and they could not have been known to him at the initial hearing of the case, and which may have an impact on its outcome;
- false testimony of witnesses, expert opinion or incorrect translation established by the guilty verdict of the court;
- the crimes of the participants in the process, including the judges who considered the case, if there is a conviction against them.
If the decision is based on a decision of a state body or local administration, as well as a court verdict and they are canceled, this circumstance will be considered new.
Invalidation of the contract, on the basis of which the original decision was made, is also a new circumstance and may entail its revision.
New facts also include:
- recognition as unconstitutional of the law that was applied;
- Establishment by the European Court of violation of citizens' rights during the consideration of the case
- change in judicial practice.
Review procedure
According to the rules of the Code of Civil Procedure, the application is submitted within 3 months to the court that made the initial decision. The course of time begins from the moment the circumstance arises.
The document is addressed to the court, it indicates all parties and sets out the essence of the requirements with the justification of the reason for the revision.
The request is considered with the appointment of a court session. The persons who participated in the case are notified of the date of the hearing, but they have the right not to come to the process. Their absence will not be regarded as an obstacle to the consideration of the application.
