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Regular version of the site

Article

Обратная сила решений Конституционного Суда и исполненность судебных актов

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.