THE LEGAL VALUE ASSESSMENT OF AN APPLICATIONS FOR REVIEW ON NEWLY DISCOVERED OR NEW CIRCUMSTANCES OF A JUDICIAL DECISION ENTERED INTO FORCE IN THE FRAMEWORK OF THE CIVIL PROCEDURE CODE OF RUSSIAN FEDERATION
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
This article is devoted to the problems facing a person who applied to a civil court in Russian Federation. The Civil Procedure Code of the Russian Federation unequivocally determines the order of the judge’s actions during the consideration of the case. For example, P. 2 of The Art. 150 «The actions of a judge in preparing a case for trial» obliges the judge to interrogate the plaintiff or his representative on the merits of the claims and to propose additional evidence if necessary. Such a proposal of the judge must be documented in the record of the court session or in the court ruling. Judges often ignore this rule of law, since its violation does not entail the cancellation of the court’s decision and gives them the opportunity to violate the principle of equality of the parties with impunity and to assist the other party in the case, offering to present evidence of their objections. The result of such action of the judge is the refusal to satisfy the claim with the justification such as: «The plaintiff did not provide evidence supporting his claims». Every year it becomes more difficult to cancel the decision of the first-instance court. The court of appellate instance constantly reduces the number of canceled decisions of the court of first instance. In Russian Federation, a state fee is not charged when submitting an application for review under a newly discovered or new circumstances of a judicial decision that has entered into force. A party affected by the court’s actions (inaction) may draw public attention to its case due to publicity and a large number of justified appeals to the court without incurring additional costs.
Authors and Affiliations
С. Н. , Салун
Keywords
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