О правовом значении Постановления Конституционного Суда Российской Федерации № 30-П для цивилистического процессуального института пересмотра по вновь открывшимся или новым обстоятельствам судебных постановлений

Abstract

The article analyzes the problem of revising court decisions that have entered into legal force on new circumstances in cases of persons who were not participants in constitutional proceedings. An important legal position of the Constitutional Court of the Russian Federation, which it recently formulated in the Resolution of June 26, 2020 No. 30-P, is being studied. The significance of this resolution for the further improvement of the civil procedural institute of revision of judicial acts that have entered into legal force on the basis of newly discovered or new circumstances is evaluated. The purpose of this study is to address individual issues related to the creation of an effective procedural mechanism for reviewing court decisions that have acquired legal force in relation to the subjects of material legal relations who did not take part in the constitutional proceedings. It is stated that such a mechanism should, on the one hand, guarantee the inadmissibility of any form of post-appeal appeal, which is generally focused on correcting legal errors made at the time of the consideration of the case on the merits, and on the other hand, ensure the nullification of the legal force of a judicial act. A comprehensive and complex theoretical and practical study of the chosen topic was carried out using general scientific (logical (induction, deduction, analysis and synthesis), systemic and functional) and private law (historical legal, formal legal, comparative legal) methods.