On behalf of the Russian Federation
of March 10, 2022 No. 10-P
On the case of check of constitutionality of paragraph two of part three of article 445 of the Civil Procedure Code of the Russian Federation in connection with the claim of the citizen I. N. Yeliseyev
Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, G. A. Gadzhiyev, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, V. G. Yaroslavtsev,
being guided by Article 125 (the part Item "and" 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",
considered in meeting without carrying out hearing case on check of constitutionality of paragraph two of part three of Article 445 GPK of the Russian Federation.
Reason for consideration of the case was the claim of the citizen I. N. Yeliseyev. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by the applicant.
Having heard the message of the judge-speaker K. V. Aranovsky, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. Article part three paragraph two 445 GPK of the Russian Federation determine that in case of cancellation in cassation or supervising procedure for the judgments on cases on collection of sums of money on the requirements following, in particular, from employment relationships, the turn of execution of the decision is allowed if the cancelled judgment was based on the false data or false documents submitted by it reported by the claimant.
1.1. Writs of the magistrate judge of judicial site No. 2 of the Severodvinsk judicial district of the Arkhangelsk region of December 28, 2015, of March 15, 2016 and of July 4, 2016 for benefit of the citizen I. N. Yeliseyev from Stroyservice limited liability company (further - Society) collect wages payable for the next periods: from July to November, 2015 - 400 026 rub, from December, 2015 to February, 2016 - the 240th 015, 15 rub, from March to May, 2016 - 240 016 rub. Money was paid to the applicant.
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