Operation of Positions of the Russian Federation Courts in Time: Some Problems

Abstract

Russian Federation’s courts have an important role in law system, resolving disputed and individualizing law in relation to specific participants in legal relations. When adopting judicial acts, the courts, among other things, express positions containing conclusions regarding the actual circumstances of the case and the specifics of the application of law to disputed. The purpose of this work is to clarify the specifics of the operation in time of the legal positions of the Russian Federation’s courts which are contain in their acts, namely, the moment of the beginning and end of their operations. To achieve this goal, the following tasks are being solved: the procedure for the entry into force of judicial acts of various instances, the procedure and timing of their appeal, the procedure for their execution are being investigated, the positions of the European Court of Human Rights and the Constitutional Court of the Russian Federation on the possibility of reviewing judicial acts that have entered into force are analyzed. The conducted research allowed us to draw the following conclusions: 1) the validity of the positions of the courts in time depends on such circumstances as the moment of entry into force of a judicial act, the fact of its appeal to a higher instance, the result of its review by a higher instance, its execution; 2) judicial acts containing positions that have entered into force may be amended or canceled by a higher instance court only in order to eliminate a judicial error, violation or improper administration of justice.