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Article

Признание судом нормативного правового акта недействующим как основание пересмотра судебного акта по новым обстоятельствам

Закон. 2018. № 8. С. 122-136.

The order of revision of the judicial act based on the regulatory legal act subsequently recognized as court invalid has to be based on the constitutional provisions limiting a possibility of giving to judicial acts of retroactive effect. Recognition by court invalid the regulatory legal act from the moment of its acceptance can be considered as a new circumstance only in exceptional cases, the relations connected with character regulated by the challenged act. At the same time at recognition by court invalid the regulatory legal act from the moment of the introduction in validity of the judgment about it this circumstance can be considered as the basis for revision of the judicial act based on such act only concerning the person who has achieved recognition of the regulatory legal act invalid. Full proofs of these conclusions are provided in article.