Пересмотр судебных актов на основании постановлений Конституционного Суда России

Закон. 2020. № 12. С. 40–60.

Ilyin A.

Often, after a court has made a decision on a case, a decision of the Constitutional Court is adopted, in which the legal norm, which is the basis of its decision by an ordinary court, is recognized as unconstitutional, or it is given a constitutional interpretation other than that which was guided by an ordinary court. In this case, can this court decision be reviewed in the appeal, cassation, supervisory procedure and on new circumstances on the grounds that it contradicts the position of the Constitutional Court? The article deals with the questions of whether such a discrepancy of positions is an error of an ordinary court, how it can be qualified, whether competition in this case is possible between cassation, supervisory proceedings and the revision of judicial acts on new circumstances, what are the limits for giving retroactive effect to the decision of the Constitutional Court. The ideas outlined in the article make it possible to assess the latest changes in the legislation on constitutional proceedings, which are also analyzed in the work from a procedural point of view.

Keywords: апелляция, supervision, надзор, cassation, appeal, кассация, пересмотр судебных актов по новым обстоятельствам, обратная сила судебных актов, решения Конституционного Суда РФ, revision of judicial acts on new circumstances, decisions of the Constitutional Court, retroactive effect of judicial acts