Appealing on New or Newly Discovered Circumstances

Appealing judicial acts that have entered into force due to new or newly discovered circumstances.

Judicial awards that have entered into force may be reviewed due to newly discovered or new circumstances.

Proceedings on newly discovered or new circumstances are an exceptional stage of the civil process, which consists in the activities of its participants with the determining role of the court in verifying the legality and validity of a judicial act that has entered into legal force earlier issued by this court in connection with the discovery of newly discovered or new circumstances that have significant value for the resolution of the case.

Under the newly discovered circumstances should be understood the circumstances that existed at the time of the adoption of the court decision, significant for the case.

Newly discovered facts include:

1. significant circumstances for the case, which were not and could not be known to the applicant;
2. knowingly false testimonies of a witness, knowingly false opinion of an expert, knowingly mistranslation, falsification of evidence that resulted in the adoption of an unlawful or unfounded court decision and established by a court verdict that has entered into legal force;
3. crimes committed by the parties, other persons participating in the case, their representatives, crimes of judges committed during the consideration and resolution of this case and established by a court verdict that has entered into legal force.

Under the new circumstances should be understood the circumstances that arose after the adoption of the court decision and are essential for the correct resolution of the case. These include:

Cancellation of a court decision of a court of general jurisdiction or an arbitration court, or a decision of a state body or local self-government body that served as the basis for the adoption of a court decision in this case;

1. recognition by a court decision of a court of general jurisdiction or an arbitration court that has entered into legal force as invalid a transaction that entailed the adoption of an illegal or unreasonable court decision in this case;
2. recognition by the Constitutional Court of the Russian Federation of a law applied in a particular case, in connection with the adoption of a decision on which the applicant applied to the Constitutional Court of the Russian Federation, as inconsistent with the Constitution of the Russian Federation;
3. establishment by the European Court of Human Rights of a violation of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms in the consideration by the court of a particular case, in connection with the adoption of a decision on which the applicant applied to the European Court of Human Rights;
4. determination (change) in the decision of the Presidium of the Supreme Court of the Russian Federation of the practice of applying the legal norm applied by the court in a particular case, in connection with the adoption of a court decision, according to which an application for review of the case was filed by way of supervision, or in the decision of the Presidium of the Supreme Court of the Russian Federation, issued following the results of consideration another case in the order of supervision, or in the Resolution of the Plenum of the Armed Forces of the Russian Federation.

The procedure for reviewing judicial acts that have entered into legal force on new or newly discovered circumstances

The court considers an application, a presentation on the revision of court decisions on newly discovered or new circumstances in a court session. The parties, the prosecutor and other persons participating in the case are notified of the time and place of the court session, however, their failure to appear does not prevent the consideration of the said application or presentation.

The court, having considered an application, a presentation on the revision of court decisions due to newly discovered or new circumstances, satisfies the application and cancels the court decisions or refuses to review them.

A private complaint may be filed against the rulings of the court of the first instance on the satisfaction of an application, a presentation on the revision of judicial decisions due to newly discovered or new circumstances, as well as on the refusal to satisfy an application, a presentation on the revision of judicial decisions based on newly discovered or new circumstances.