Revision of Court Decisions in Civil Proceedings During the New Economic Policy Period

Abstract

The institution of revision in civil procedure is designed to ensure the achievement of the legality and validity of court decisions. The purpose of the work is to study the historical experience of revising court decisions that have entered into legal force in civil proceedings during the period of the new economic policy. Comparative historical and formal legal research methods are used. As a result of the study, the following conclusions were made. In 1923, the course was in effect for the implementation of the principle of a single court, and only the Supreme Court of the RSFSR was vested with the power to review court decisions that had entered into legal force in civil proceedings. In 1930, a course towards decentralization appeared, and the lower courts were vested with the right to review. During the NEP period, the norms of the legislation on the revision of court decisions were repeatedly changed. Circulars of the People’s Commissariat of Justice of the RSFSR and clarifications of the Supreme Court of the RSFSR were of leading importance for law enforcement practice. Legislatively enshrined two forms of revision of court decisions that entered into legal force in civil proceedings: on newly discovered circumstances and in the order of prosecutor’s supervision. They differed in terms of limitation period, grounds and methods of initiating a revision. Distinctive features of the prosecutor’s protest were: no statute of limitations; grounds for protest – a material violation of laws and a real or potential violation of the interests of the state or workers when the court decision is upheld. The list of subjects for initiating the review was not limited to the parties and the prosecutor; this right was also granted to the Presidium of the All-Russian Central Executive Committee, the Presidium of the Supreme Court, and the Civil Cassation Board of the Supreme Court of the RSFSR, the People’s Commissar of Labor.