Russia’s Justice Ministry develops bill amending review mechanism for court rulings
MOSCOW, August 21 (RAPSI) – The Justice Ministry of the Russian Federation has developed amendments to the Code of Commercial Procedure, Civil Procedure Code, and Code of Administrative Judicial Procedure envisaging introduction of a legal mechanism governing review of court rulings on new grounds, the body informs citing the respective document published on the Federal Portal for Draft Legislation.
According to the explanatory note to the bill, it is envisaged that the grounds for review of final court rulings are to be the fact that the Constitutional Court founds the legal act or its certain provisions, on which the challenged ruling is based, to be not in compliance with the Constitution in the case such a final ruling has not been enforced, or has been partially enforced by the date the Constitutional Court issues its judgement; that such a ruling does not correspond with the interpretation of the act or its certain provisions, on which the challenged ruling is based, by the Constitutional Court, if it has not been enforced, or has been partially enforced by the date the Constitutional Court issues its judgement.
The bill, the Justice Ministry observes, will allow courts to abolish final judgements and therefore terminate the respective execution proceedings. The amendments will also permit to bring the Codes in line with the legal positions of the Constitutional Court.
The document has been developed in furtherance of a Constitutional Court decision based on the examination of cases, where applicants complained that rulings against them were not abolished even when underlying acts or their certain provisions were found to be not in compliance with the Constitution.