Principle res judicata in practice of the European court on human rights and of the constitutional court of the Russian Federation - Реферат

Principle res judicata in practice of the European court on human rights and of the constitutional court of the Russian Federation european legitimate legislation On coordination of the order of procedure in court of the supervising instance, established by the Civil Procedural Code of the Russian Federation, with the principle of legal definiteness was considered by the Constitutional Court of the Russian Federation. In the Resolution from February 5, 2007 No. 2-П on the case about the verification of constitutionality of regulations of Articles 16, 20, 112, 336, 376, 377, 380, 381, 382, 383, 387, 388 and 389 of the Civil Procedural Code of the Russian Federation in connection with the request of the Cabinet of Ministers of the Republic of Tatarstan, on complaints of open joint-stock companies «Nizhnekamskneftekhim» and «Khakasenergo», and on complaints of the citizens the Constitutional Court on the whole has agreed with the positions of the European court on human rights. The Constitutional Court, first of all, has emphasized, that revision in the order of supervision of judicial acts entered validity, is possible solely as an additional guarantee of legality of such acts and assumes establishment of special grounds and procedures of proceedings on the given stage of the process, corresponding to its legal nature and applicability. The act of the court already entered validity, can be changed or cancelled in the order of supervision solely in unusual cases when as a result of the mistake allowed during the previous trial and predetermined issue of the suit, there have been essentially infringed rights and legitimate interests protected in the judicial order which cannot be restored without elimination or change of the erroneous judicial act. Establishing the order of proceedings in court of supervising instance, the federal legislator should provide realization of rights of the persons participating in the case on the basis of balance between the right to fair judicial trial, supposing an opportunity of correction by means of supervising proceeding of the essential infringements influenced issue of the suit, on the one hand, and of the principle of legal definiteness - on the another (item 3.1. of motivating part). Proceedings on revision of judicial decisions entered validity as an additional way of their maintenance of their justice assumes an opportunity of its application solely in case the interested person has exhausted all usual (ordinary) ways of appeal of the judicial decision up to its coming into validity (item 3.2. of the motivating part). The Constitutional Court has recognized Article 376 of the Civil Procedural Code of the Russian Federation not contradicting the Constitution of the Russian Federation as the right to appeal the judicial decisions entered validity stipulated by it in court of supervising instance, given to the persons participating in the case, and other persons, whose rights and legitimate interests have been infringed by the given judicial decisions, in the system of working legal regulation of civil legal proceeding represents itself as an additional guarantee of maintenance of justice of judicial decisions if all available opportunities of their verification in usual (ordinary) legal proceedings are exhausted (item 1 of resolution part).