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News of Moscow District Courts
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Absence of a Judgement as a Ground for Reviewing Judicial Acts on Bringing a Person to Subsidiary Liability on Newly Discovered Circumstances
System View
S.V. Nikitin Judicial Disqualification of a Regulatory Prescription as a Ground for Reviewing a Decision of Arbitrazh (Commercial) Court On New Circumstances
The author analyzes the problems of legal regulation of the revision of decisions of arbitrazh (commercial) courts that have entered into legal force, based on regulatory legal acts recognized by courts of general jurisdiction as illegal and invalid. According to the author, the existing regulatory model for the revision of such decisions requires certain adjustments. In this regard, he proposes making appropriate amendments to Art. 311 of the Arbitrazh Procedure Code of the Russian Federation.
Keywords: new and newly discovered circumstances, revision of judicial acts based on new circumstances, recognition of a normative legal act as invalid
DOI: 10.46279/ASMO.2025.88.69.001
Analytics: Review of Judicial Acts on New or Newly Discovered Circumstances
L.A. Terekhova Defects in evidentiary activity as a basis for reviewing a judicial act based on newly discovered circumstances
The article analyzes the explanations of the highest judicial bodies, as well as the position of the Constitutional Court of the Russian Federation, which proposed to use decisions on refusal to initiate a criminal case or its termination, and not only court sentences, as a basis for reviewing judicial acts based on newly discovered circumstances. At the same time, courts are obliged to approach the situation not formally, but to assess the materiality of the circumstances for the case. Recognition of a federal law or its individual provisions (articles of the Civil Procedure Code) as inconsistent with the Constitution of the Russian Federation is the basis for the cancellation of provisions of other normative acts (articles of the Arbitrazh Procedure Code), based on the normative act recognized as unconstitutional in whole or in part, or reproducing them or containing the same provisions that were recognized as unconstitutional.
Keywords: newly discovered circumstances, new evidence, material circumstances, falsification of evidence, revision of judicial decisions
DOI: 10.46279/ASMO.2025.77.58.002
S.F. Afanasiev, A.N. Yermakov Proceedings on newly discovered or new circumstances in civil proceedings: verification or revision (in the context of a miscarriage of justice)?
In the article, taking into account Russian legislation, international legal acts, legal positions of the Constitutional and Supreme Courts of the Russian Federation, various doctrinal sources, the legal nature of proceedings on newly discovered or new circumstances in civil cases is analysed. In the context of miscarriage of justice the necessity of differentiation of types of judicial activities related to the verification of final law enforcement acts and their revision is substantiated. It is noted that these components of judicial defence (procedural functions) differ according to a number of criteria, the key of which are the grounds determining the possibility of initiating the relevant proceedings for verification and revision of judicial acts, as well as their special purpose. The arguments are given in favour of the fact that the proceedings on revision of judicial acts on newly discovered or new circumstances are determined not by the presence of a judicial error in its generally accepted understanding, but by the unfair outcome of the case due to various factors.
Keywords: civil process, civil legal proceedings, procedural functions, verification and revision of judicial acts, proceedings on newly discovered and new circumstances, miscarriage of justice, justice, legal purism
DOI: 10.46279/ASMO.2025.18.63.003
Mikhailova E.V. Review of a case based on new and newly discovered circumstances in the system of guarantees of the constitutional right to judicial protection
The article examines the procedural institution of reviewing judicial acts that have entered into legal force based on new or newly discovered circumstances in the context of the constitutional right to judicial protection, which implies legal certainty, stability of judicial acts, and uniformity of judicial practice. This is of particular importance in the field of entrepreneurial and other economic activities. It is noted that the decision to recognize a circumstance as newly discovered should not violate the principles of the arbitrazh (commercial) process, primarily the principle of adversarial proceedings. It is proposed to establish a period during which newly discovered circumstances can be discovered. It is indicated that it is necessary to specify that a crime committed by a party to the case, in order to be recognized as a newly discovered circumstance, must be directed directly at the subject of the dispute under consideration.
Keywords: arbitrazh (commercial) court, protection of rights, legal certainty, stability of judicial acts, new circumstances, newly discovered circumstances, review of judicial acts, adversarial nature, procedural deadlines, recognition of a transaction as invalid, subject of a dispute, judicial discretion
DOI: 10.46279/ASMO.2025.38.96.004
A.A. Karpova Competition vs synergy of the stages of appellate review and review on new or newly discovered circumstances in arbitrazh (commercial) proceedings
The article examines controversial issues about repeating appeal proceedings. The author examines the existing mechanism of repeated appeal review, the history of its development and the peculiarities of law enforcement, and identifies possible relationships between the stages of appeal review and review of the case based on newly discovered circumstances during its implementation.
Keywords: appeal, consecutive appeal of a judicial act, proceedings in the appellate court, review based on newly discovered or new circumstances
DOI: 10.46279/ASMO.2025.92.53.005
Yu.A. Timofeev Impact of changes in tax legislation on the stage of initiation of proceedings for review of judicial acts on new or newly discovered circumstances
The addition of the actual composition of legal facts necessary for the initiation of proceedings for the revision of judicial acts that have entered into legal force on new or newly discovered circumstances, the obligation to pay the state duty generates the need to bring in line with this the norms of arbitrazh (commercial) procedural law governing the procedural activities of the court and applicants at this stage of the law enforcement cycle. The requirements to the form and content of the application for review on new or newly discovered circumstances should be supplemented with provisions obliging the applicant to attach to the application documents on payment of state duty in the prescribed manner and amount or confirming the right to receive a privilege on payment of state duty, or a petition for exemption from payment of state duty, for reduction of its amount, for granting a deferment, installment payment. If the applicant has not paid the state fee or, when making one of the above-mentioned applications, has not attached documents confirming their validity, the arbitral tribunal shall have the opportunity to provide the applicant with a reasonable period of time to eliminate the shortcomings of the application. For this purpose, Chapter 37 of the Arbitrazh (Commercial) Procedural Code should be supplemented with a separate article establishing the grounds and procedure for leaving an application for review on new or newly discovered circumstances unmoved. The grounds for returning an application for review on new or newly discovered circumstances should be supplemented with two new grounds: the circumstances that served as a basis for leaving the application without movement have not been eliminated within the time limit set in the court ruling; the applicant’s petition for exemption from payment of state duty, for granting deferment, installment payment of state duty, for reducing its amount has been rejected. The proposed novelties will make it possible to ensure the unity of the internal organization of procedural activity at the stage of initiation of proceedings in the court of first, appellate and cassation instances, with a similar stage of proceedings for the revision of judicial acts that have entered into legal force on new or newly discovered circumstances. The author also substantiates that the amount of the state duty payable by an individual for filing an application to the arbitrazh court for revision of a judicial act on new or newly discovered circumstances is excessive and does not meet the principles of economic feasibility, equality of all before the law and does not correlate with the amount of the state duty for similar legally significant actions both in arbitrazh courts and courts of general jurisdiction.
Keywords: arbitrazh (commercial) process, revision on new or newly discovered circumstances, state duty, application requirement, grounds for return
DOI: 10.46279/ASMO.2025.23.30.006
Analytics: Open Tribune
T.V. Deryugina On secundary right, its essence and provision with legal means
The author discusses the essence of secundary right and the legal means by which the state ensures the possibility of its implementation. A reasoned criticism is made of the position in the scientific literature that the State does not ensure the exercise of the secundarum right. It is substantiated the necessity to include to the means of such provision: passive obligation of third parties not to violate the secundary right, expressed in the form of a prohibition; principles of law and norms-definitions; legal responsibility; establishment of methods of defence. The attributes and types of secundary rights highlighted in science and judicial practice are analysed. Conclusions are drawn about the insolvency of a number of approaches to their classification. The legal essence of secundary rights and the significance of singling out this category are disclosed.
Keywords: secundary right, subjective right, exercise of right, legal means, norm-principles, norm-definitions, legal responsibility, passive duty, lawful behaviour
DOI: 10.46279/ASMO.2025.55.33.007
A.V. Solodilov To the question of the concept of ‘isolated dispute’ in commercial proceedings (in connection with the Resolution of the Constitutional Court of the Russian Federation from 28.05.2024 № 26-P)
The article studies the features of isolated disputes in arbitrazh (commercial) proceedings (except for bankruptcy cases). The article identifies the features of a separate dispute, the main of which is the necessity of separate procedural proceedings for its resolution. The author offers his own definition of the mentioned institute and states the differentiation of arbitrazh process into main and additional proceedings (the latter are proceedings on isolated disputes).
Keywords: separate dispute, arbitrazh (commercial) proceedings, application, petition
DOI: 10.46279/ASMO.2025.68.40.008
I.B. Kunizhev Digital document management models in judicial activity: the experience of Russia and other BRICS/SCO countries
The article examines the models of digital document management in judicial activity using the example of the Russian Federation and the BRICS and SCO member countries. A comparative analysis of approaches to the digitalization of legal proceedings is presented, various models of digital document management in judicial activity are identified, and key elements of effective digital justice are identified. The need for the formation of a unified digital architecture and the adoption of federal legislation ensuring the sustainability and accessibility of electronic legal proceedings in Russia was noted.
Keywords: digital justice, digital document management models, legal proceedings, digitalization, BRICS, SCO, international experience
DOI: 10.46279/ASMO.2025.48.44.009
Court Practice Reviews
Review of the practice of application of insolvency (bankruptcy) legislation by the Moscow District Commercial Court
Review of court practice on issues arising in the consideration of disputes related to the provision of services for the supply of energy resources through a connected network and solid municipal waste management
Minutes No. 177 of the meeting of the working group to discuss the practice of application of the Arbitrazh Procedure Code of the Russian Federation
Minutes No. 178 of the meeting of the working group to discuss the practice of application of the Arbitrazh Procedural Code of the Russian Federation
Scientific Advisory Council
Minutes No. 28 of the meeting of the Scientific Advisory Council of the Moscow District Commercial Court held in the combined format
Recommendations of the Scientific Advisory Council of the Moscow District Commercial Court
