RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of June 30, 2011 No. 52

About application of provisions of the Arbitral Procedure Code of the Russian Federation in case of review of court resolutions on new or to newly discovered facts

For the purpose of ensuring uniformity in application of provisions of the Arbitral Procedure Code of the Russian Federation by Arbitration Courts (further - the AIC of the Russian Federation) in case of review of the court resolutions of Arbitration Courts which took legal effect (further - court) on new or to newly discovered facts and in connection with the changes made to the AIC of the Russian Federation, the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides to make the following explanations.

1. According to Article of 309 AIC of the Russian Federation the court resolution which took legal effect can be reviewed by the court which accepted it on new or to newly discovered facts.

With respect thereto it must be kept in mind that on new or to newly discovered facts resolutions of the Trial Court, resolutions of courts of appeal and cassation instances, and also resolutions of Presidium of the Supreme Arbitration Court of the Russian Federation after their introduction in legal force can be reviewed.

Determinations of court can be reviewed on new or to newly discovered facts in cases if:

1) according to the AIC of the Russian Federation determination appeal is provided;

2) determination obstructs further traffic of case.

At the same time determinations of Trial Court which according to the AIC of the Russian Federation are appealed according to the procedure of appeal production can be reviewed on new or to newly discovered facts after the expiration on submission of the petition for appeal.

Determinations which according to the AIC of the Russian Federation can be appealed only according to the procedure of cassation production (part 8 of Article 141, part 5 of Article 234, part 5 of Article 240, part 3 Articles of 245 AIC of the Russian Federation) and also determinations of courts of appeal and cassation instances can be reviewed on new or to newly discovered facts from the date of their removal.

2. Owing to part 2 Articles of 310 AIC of the Russian Federation review on new or to newly discovered facts of court resolutions of courts of the appeal and cassation instances adopted according to the procedure of supervision of court resolutions of the Supreme Arbitration Court of the Russian Federation which change court resolution of court of the first, appeal and cassation instance or the new court resolution is adopted, it is made by that court which, without submitting the case on new trial, changed court resolution or adopted new court resolution.

In such cases the courts of appeal or cassation instance, the Supreme Arbitration Court of the Russian Federation considering the application for review of court resolution on new or to newly discovered facts, request case from Trial Court.

In cases when the court of appeal or cassation instance or Presidium of the Supreme Arbitration Court of the Russian Federation left the disputed court resolution without change or upheld one of earlier accepted in the matter of court resolutions, review on new or to newly discovered facts of the disputed court resolution left without change or upheld is made by the court which adopted this act.

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