Признание судом нормативного правового акта недействующим как основание пересмотра судебного акта по новым обстоятельствам
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.
The possibility of revising judicial acts that have entered into legal force and that differ from the positions of the Constitutional Court is subject to the criterion developed in the practice of the Constitutional Court, according to which judicial acts may be reviewed for new circumstances at the request of persons who did not participate in the constitutional proceedings only if these judicial acts are not executed or are partially executed. However, the content of this criterion has not yet been clarified. What does execution mean in relation to a judicial act that does not require execution? The article argues that the criterion of execution in this case should be interpreted independently: a judicial act should be considered as non-executied (partially executed) only when, despite its entry into force, its legal effect was not fully realized (the purpose constituting the content of the claim was not achieved). Only one case falls under the criterion of the execution of judicial acts: when a judicial act that has entered into force, based on the provision of the law, is subsequently recognized by the Constitutional Court as unconstitutional directly or indirectly, the person is obliged to give, do, or provide something, and this person who did not participate in the constitutional proceedings did not fulfill this obligation.
For the first time, the Code of Administrative Procedure has introduced property and educational qualifications for persons who wish to challenge legal acts in court. Such decision of the legislator raises doubts from the point of view of its compliance to the Constitution. The author examines the reasons for this decision in light of the access to justice, guarantees to qualified legal aid, principle of equality of parties, and the features of judicial compliance assessment.
The paper argues that the constitutionally required is only a judicial compliance assessment. Analyzing the structural features of different models of judicial compliance assessment, the author proves the interconnection and interdependence of the constitutional provisions, the subject of judicial activity and the specific procedural rules of the contestation of normative legal acts. Explore the possibility of a judicial compliance assessment model, the author argues that the development of production rules on contestation of normative legal acts on the model of the right resolve the dispute fully corresponds with the constitutional guarantees of the right to judicial protection.
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter