Review of judicial acts that have entered into legal force on new or newly discovered circumstances
One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in a court in cases in the field of the review of judicial acts that have entered into legal force on new or newly discovered circumstances. In our practice, we are faced with various types of [name of the category of disputes] disputes at different stages of resolution, including pre-trial and trial. Our advantage is extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers and lawyers.
Features associated with the review of judicial acts that have entered into legal force on new or newly discovered circumstances disputes require an individual approach to each specific case and careful legal analysis.
Review of entered into force judicial acts on new or newly discovered circumstances
Judicial decisions that have entered into legal force may be revised due to newly discovered or new circumstances.
Proceedings due to newly discovered or new circumstances constitute 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 previously entered into by this court in connection with the discovery of newly discovered or new circumstances that have significant value for resolving the matter.
By newly discovered circumstances should be understood existing at the time of the adoption of the judgment significant circumstances for the case.
Newly discovered circumstances include:
- circumstances relevant to the case that were not and could not be known to the applicant;
- knowingly false testimony of a witness, knowingly false conclusion of an expert, deliberately incorrect translation, falsification of evidence, which entailed the adoption of an illegal or unreasonable court order and established by a final court decision;
- crimes of 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 arising after the adoption of a court order and having significant significance for the proper resolution of the case. These include:
- the cancellation of a court order of a court of general jurisdiction or an arbitration court or a decision of a state body or local government, which served as the basis for the adoption of a court order in this case;
- recognition by an effective court order of a court of general jurisdiction or an arbitration court of an invalid transaction resulting in the adoption of an unlawful or unreasonable court order in this case;
- recognition by the Constitutional Court of the Russian Federation that the law applied in a particular case does not comply with the Constitution of the Russian Federation in connection with the adoption of a decision on which the applicant applied to the Constitutional Court of the Russian Federation;
- a finding 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 when a court considers a specific case, in connection with a decision on which the applicant appealed to the European Court of Human Rights;
- determination (amendment) in a resolution of the Presidium of the RF Armed Forces of the practice of applying the legal norm applied by a court in a particular case in connection with the adoption of a court ruling that filed an application for review of the case by way of supervision, or in a resolution of the Presidium of the RF Armed Forces, made as a result of consideration another matter in the manner of supervision, or in the Resolution of the Plenum of the Armed Forces of the Russian Federation.
The procedure for reviewing entered into force of judicial acts on new or newly discovered circumstances
The court considers the application, the presentation of the review of judicial decisions on newly discovered or new circumstances at the hearing. The parties, the prosecutor, other persons participating in the case shall be notified of the time and place of the court session, however, their failure to appear shall not impede the consideration of the said application or presentation.
The court, having considered the application, the idea of reviewing the court decisions due to newly discovered or new circumstances, satisfies the application and cancels the court orders or refuses to review them.
A private complaint may be filed against the rulings of the court of the first instance regarding the satisfaction of the application, the submission to review judicial decisions due to newly discovered or new circumstances, as well as the refusal to satisfy the application, the presentation about the review of judicial orders due to newly discovered or new circumstances, and the prosecutor's submission may be brought.
- Legal analysis of documents and other evidence submitted by a client regarding the review of judicial acts that have entered into legal force on new or newly discovered circumstances
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on the review of judicial acts that have entered into legal force on new or newly discovered circumstances