of March 23, 2012 No. 12
About introduction of amendments to the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 30.06.2011 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"
Due to the questions arising in court practice for the purpose of ensuring uniform approaches to their permission 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 state Item 11 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 30.06.2011 N 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" in the following edition:
"11. According to Item 5 parts 3 Articles of 311 AIC of the Russian Federation determination or change by the Supreme Arbitration Court of the Russian Federation of practice of application of the precept of law can form the basis for review of the court resolution which took legal effect by rules of Chapter of 37 AIC of the Russian Federation only under condition if the relevant act of the Supreme Arbitration Court of the Russian Federation contains specifying on possibility of review of the court resolutions which took legal effect owing to this circumstance.
With respect thereto for the purpose of giving of retroactive effect of the legal line item formulated in the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation this resolution shall contain the following specifying: "The court resolutions of Arbitration Courts which took legal effect adopted based on the rule of law in the interpretation dispersing from the interpretation containing in this resolution can be reviewed based on Item 5 parts 3 Articles of 311 AIC of the Russian Federation if for this purpose there are no other obstacles".
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