Resolution №52 on the Review of Court’s Decisions

In June 30, 2011 Plenum of the Supreme Commercial Court of Russia adopted the Resolution №52 in which it clarified the rules on the review of court’s decisions on the ground of new circumstances.

Nikolay Stepanov

Muranov, Chernyakov & Partners
+7 495 783-74-50
n.stepanov@rospravo.ru

Earlier, all the circumstances in connection with which it was possible to review judicial acts were called ‘newly discovered’, now some of them have been made in a separate group now called ‘new circumstances’.

Overall, little has changed in substance; most positions from the previous Resolution of the Plenum of the Supreme Commercial Court moved to the Resolution №52.

New rules deal with the review of cases on the grounds of a new ruling or the change in position of the Plenum or the Presidium of the Supreme Commercial Court on the matter.

Such grounds for review existed earlier but they were very widely used. Often decisions of the Presidium of the Supreme Commercial Court which did not imply that they have retroactive effect or that they can be applicable to other cases were admitted as grounds for review.

After the publication of new Resolution №52 only those decisions of the Supreme Commercial Court which were specifically indicated as grounds for reviewing other cases will be considered as a relevant ground for review.

However, we expected more from the Resolution of the Plenum of the RF.

The Resolution №52 has not resolved the question about the possibility of revision of court’s decisions when the legal act applied in the case does not comply with the Constitution of the Russian Federation and when the person applied for the review was not a party to the proceedings in the Constitutional Court.

The need to address this issue is long overdue.

The provisions of the Code of Commercial Procedure are made in such a way that the law provides the possibility of reviewing court’s decisions only if the person applying for the review took part in the procedure before the Constitutional Court of Russia.

For its part, the Russian Constitutional Court has repeatedly explained that the restriction on the revision of court’s decisions on the persons which did not take part in the constitutional proceedings is illegal and that they should also be able to use this right with the only condition that the judicial acts to be revised had not been already enforced.

Although positions of the Constitutional Court are compulsory, the relevant changes to the Code of Commercial Procedure were made and the Plenum of the Supreme Commercial Court has not clarified this issue. This, of course, complicates the case law and does not contribute to legal certainty.

Muranov, Chernyakov & Partners

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