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Amending The Civil Procedure Code Of The Russian Federation

Original Language Title: О внесении изменений в Гражданский процессуальный кодекс Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW amending the Code of Civil Procedure Russian Federation adopted by the State Duma on November 26, 2010 Approved by the Federation Council on December 1, 2010 08.03.2015 N 23-FZ) Article 1 Amend the Code of Civil Procedure of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4532; 2004, N 31, est. 3230; 2005, N 30, est. 3104; 2006, N 50, sect. 5303; 2007, N 50, sect. 6243; 2010, N 18, sect. 2145) The following changes: 1) Part 4 of Article 7 should read: " 4. Civil cases in the courts of appeal, except as provided for in part three of this article, are considered collegially. Civil cases in the courts of cassation and supervisory review are considered collegially. "; 2) part two of article 14 should read: " 2. Cases on appeal, except as provided for in article 7, part 3, of the present Code, shall be conducted by a court composed of a presiding judge and two judges. Review of cases in cassation and supervisory review shall be carried out by a court composed of a presiding judge and not less than two judges. "; (3) article 17 should read as follows:" Article 17. Non-participation by a judge in the case 1. The justice of the peace may not be heard by the court of appeal, cassation or supervisory review. 2. A judge who took part in a case before a court of first instance may not participate in a court of appeal, cassation or supervisory review. 3. A judge who took part in a case before a court of appeal may not participate in the proceedings before a court of first instance, cassation or review instance. 4. The judge who took part in the court of cassation may not participate in the proceedings before the courts of first instance, appeal and supervisory instance. 5. The judge who took part in the examination of the case in the court of review may not participate in the proceedings before the courts of first instance, appeal and cassation. "; " 4. The application for reinstatement of the missing procedural time, as set out in article 376, part two, part two of article 391-2 and part two of article 391-11 of the present Code, is submitted to the court which examined the case at first instance. The time limit may only be restored in exceptional cases in which the court admits the reasons for his or her omission in circumstances which objectively exclude the possibility of cassation or supervisory review of a complaint within a specified time limit (heavy The illness of the person filing the complaint, its helpless state and the other), and these circumstances occurred within a period of no later than one year from the date of the entry into force of the contested court order. "; 5) in the second part of the sixth Article 152 of the words "or by the Court of Cassation", delete; 6) Part One 209, amend to read: " 1. The decisions of the court shall take effect upon the expiry of the period of appeal if they have not been appealed. In the case of an appeal, the court's decision shall enter into force after the court has considered the appeal if the decision complained of is not overturned. If the ruling of the court of appeal has been reversed or modified by a decision of the court of first instance and a new decision has been taken, it shall enter into force immediately. "; 7) Part Two of article 237 should read as follows: " 2. The judgement of the court may be appealed by the parties also on appeal within one month after the expiry of the defendant's application for the annulment of the decision of the court, and in the event that such application is filed, within one month from the date of delivery. the court's decision to refuse this statement. "; 8) (Spated by force-Federal Law of 08.03.2015). N 23-FZ) 9) (Spated out-Federal Law 08.03.2015) N 23-FZ) 10) (Spspent force-Federal Law of 08.03.2015 N 23-FZ) 11) (Spspent force-Federal Law of 08.03.2015 N 23-FZ) 12) (Spated out-Federal Law 08.03.2015) N 23-FZ) 13) the name of chapter 39 should read: " CHAPTER 39. MANUFACTURE OF THE ADJUSTMENT Article 320: Article 320: Right of appeal 1. The decisions of the court of first instance which have not entered into force may be appealed on appeal in accordance with the rules laid down in this chapter. 2. The right of appeal against the decision of the court is vested in the parties and other persons involved in the case. The right of appeal is vested in the prosecutor participating in the case. 3. The appeal may also be filed by persons who have not been brought to trial and whose rights and obligations have been authorized by the court. "; 15) to supplement article 320-1 as follows: " Article 320-1. Courts which hear appeals, View Appellate Complaints, Views are considered: 1) District Court-against the decisions of justices of the peace; 2) supreme court of the republic, by the regional court, the court of the city of federal importance, the court of the autonomous region, the court of the autonomous region, the district (fleet) military court-on the decisions of the regional courts, the decisions of the garrison military courts; (3) by the Judicial Panel on Civil Affairs of the Supreme Court of the Russian Federation, The administrative cases of the Supreme Court of the Russian Federation are the decisions of the supreme courts of the republics, regional courts, regional courts, federal courts, courts of the autonomous region, and courts of autonomous regions, which they have adopted at first instance; The Military Collegium of the Supreme Court of the Russian Federation-for the decisions of the district (naval) military courts, which they have adopted at first instance; 4) by the Appeals Chamber of the Supreme Court of the Russian Federation-to the decisions of the Supreme Court of the Russian Federation Federation of First Instance. "; 16) Article 321 was revised to read: " Article 321. Order and deadline for appeal, view 1. The appeal is lodged with the court which has decided. Appeals, submissions received directly to the Court of Appeal are to be referred to the court that issued the decision for further action in accordance with the requirements of article 325 of the present Code. 2. Appeals may be filed within one month from the date of the final decision of the court, unless otherwise stipulated by this Code. "; 17) in article 322: (a) in Part One: Paragraph 1 should read: "1) the name of the court to which the appeal is filed; the submission;"; paragraph 3, amend to read: " 3) an indication of the decision of the court which is appealing; "; paragraph 4 restated: " 4) The requirements of the person filing the complaint or the requirements of the prosecutor bringing the submission, and the reasons for which they regard the court's decision as wrong; "; , paragraph 5, shall be declared null and void; b) Part Two, set out in the reading: " 2. In appeal, submissions may not contain claims that are not declared in the first instance court. The reference to the appellative or the prosecutor who brings an appeal to the new evidence, which has not been submitted to the court of first instance, is permitted only in the case of substantiation in the said complaint; The submission that the evidence could not have been submitted to the court of first instance. "; 18), article 323 should be worded as follows:" Article 323. Abandon appeal, view without movement 1. When filing an appeal, a submission not in conformity with the requirements of article 322 of the present Code, when a complaint has not been paid by the State, the judge shall not later than five days from the date of receipt of the complaint, The submission makes the definition that leaves the complaint, the submission without movement, and designates the complainant, the submission, a reasonable period of time to correct the shortcomings of the complaint, the submission due to the nature of the complaints, and the place or the place of residence of the person who has filed the complaint. 2. In the event that the person who has filed an appeal, the submission, shall, within the prescribed period, complete the determination of the judge, the complaint shall be deemed to have been submitted on the date of the initial admission to the court. 3. The judge's definition of the abandonment of the appeal, the submission without motion may be filed by a private complaint, the presentation of the prosecutor. "; 19), article 324 should read: " Article 324. Return of appeal, presentation 1. The appeal is returned to the complainant, the appeal submission to the prosecutor, in the case of: (1) the failure to observe, within the prescribed period, the instructions of the judge contained in the definition of the abandonment of the complaint; 2) the deadline for appeal if the complaint, submission does not request reinstatement or reinstatement is denied. 2. The appeal is also returned at the request of the complainant, the appeal submission, when the appeal is withdrawn by the prosecutor, if the case is not submitted to the court of appeal. 3. The return of the appeal to the complainant is carried out on the basis of the judge's definition. The judge's determination to return the appeal, the submission may be filed by a private complaint, the presentation of the prosecutor. "; 20), article 325 should read: " Article 325. The action of the court of first instance after receipt of an appeal, view 1. The court of first instance, upon receipt of an appeal, submitted in accordance with article 321 of this Code and the relevant requirements of article 322 of the present Code, is obliged to send copies of the complaint to the persons participating in the case. and annexed documents. 2. Persons participating in a case are entitled to submit to the court of first instance an objection in writing to the appeal, the submission of documents confirming these objections and their copies, the number of which corresponds to The number of persons participating in the case is entitled to familiarize himself with the case file, the complaint, the submission and the objections to them. 3. At the end of the appeal, the court of first instance forwards the appeal, submission and objections to the court of appeal. Before the expiry of the appeal period, the case cannot be referred to the court of appeal. "; 21), article 326 should read: " Article 326. Refusal to appeal, submissions 1. Refusal to appeal a complaint is admissible before a court of appeal is issued. 2. The application for waiver of appeal shall be submitted in writing to the court of appeal. 3. The submission of a waiver of appeal, the submission to the court of appeal shall render a determination which shall terminate the proceedings on the appropriate appeal, the submission. Closure of the appeal proceedings, the submission of a waiver is not an obstacle to the consideration of other appeal cases, submissions if the relevant decision of the court of first instance is appealed by other persons. "; 22) to supplement article 3326-1 as follows: " Article 326-1. The plaintiff's rejection of the suit, the claim by the defendant, of the settlement of the dispute by the Justices of the Peace in the Court of Appeal , 1. The claimant's refusal to claim, the defendant's acceptance of the claim, or the settlement agreement of the parties, after the appeal has been made, must be expressed in written submissions to the appellate court. In the event that the plaintiff's rejection of the claim, the defendant's acceptance of the claim, the terms of the settlement agreement were declared in court, such refusal, recognition, conditions shall be recorded in the record of the hearing and shall be signed by the claimant, respectively, The defendant, the parties to the settlement agreement. 2. The procedure and consequences of the consideration of the application for the plaintiff's refusal or the application of the parties to the conclusion of the settlement agreement shall be determined by the rules established by Parts Two and Three of Article 173 of this Code. When the claimant fails to take the action, or when the settlement agreement is approved by the parties, the court of appeal reverses the decision of the court and terminates the case. In the event of the defendant's recognition of the claim and the appellate court's acceptance of the claim by the court of appeal. "; (23) Article 327 should read as follows: " Article 327. The procedure for handling the case by the court of the court 1. The court of appeal shall notify the persons involved in the case, the time and place of the consideration of the complaint, the submission on appeal. The Court of Appeal shall reexamine the case in the proceedings before the court of first instance, taking into account the circumstances set out in the present chapter. Cases before the courts of appeal, except for district courts, are considered collegially. 2. The hearing of the court of appeal shall be opened by the presiding judge, who shall declare the case in which the appeal is to be heard and the submission of the complaint to which it is submitted, and to which court the complaint is submitted. The Committee on the Rights of the child (article 18 of the Covenant). The trial of the court of appeal is collegial, starting with the report of the presiding judge or one of the judges. The judge-Rapporteur sets out the facts of the case, the content of the decision of the court of first instance, the arguments of the appeal, the submission and the objections raised, the content of the new evidence submitted to the court, and the other Data that the court needs to consider in order to verify the decision of the court of first instance. 3. After the report, the court of appeal hears the explanations of the persons participating in the case and their representatives. The first is the complainant or his or her representative or the prosecutor, if he is brought to the appeal. In the case of an appeal against a court decision by both parties, the plaintiff is the first to speak. After explanation by the person who filed the appeal or the prosecutor, if they were brought by an appeal, and other persons participating in the case, their representatives would be tried by the court of appeal, if so requested read the evidence in the case and then proceeds to the study of the new evidence admitted by the court. 4. Once the circumstances of the case have been clarified and the case studies are completed, the court of appeal provides the persons involved in the case with the opportunity to speak in the proceedings in the same order in which they explained. 5. Each court hearing of the court of appeal, as well as certain procedural actions outside the court, shall keep a record of the rules laid down in Chapter 21 of this Code. 6. The court of appeal does not apply the rules on the connection and disconnection of several claims, the modification of the object or the cause of the claim, the resizing of claims, the filing of a counterclaim, and the replacement of the improper In the case of the defendant, the person involved in the case of third parties. "; 24) to supplement article 327-1 as follows: " Article 327-1. The extent of the case in the Court of Appeal , instance 1. The court of appeal examines the case within the limits of the arguments set out in the appeal, the submission and the objections to the complaint, the submission. The Court of Appeal is assessing the available evidence in the case, as well as the additional evidence provided. Further evidence is accepted by the court of appeal if the person involved in the case has justified the failure to submit them to the court of first instance for reasons beyond his control and the court shall recognize those reasons with respect. The court of appeal makes a determination on the adoption of new evidence. 2. In the event that only part of the decision is appealed, the appellate court shall verify the legality and validity of the decision only in the part complained of. The Court of Appeal for the Rule of Law has the right to verify the decision of the court of first instance in full. 3. Irrespective of the arguments in the appeal, the court of appeal verifies whether the court of first instance has breached the rules of procedure, which are in accordance with article 330 of article 330 of the Covenant. The Code is the basis for the reversal of the decision of the court of first instance. 4. The new requirements that have not been examined by the court of first instance are not accepted or considered by the court of appeal. "; 25) to supplement article 327-2 reading: Article 327-2. Deadline for the hearing of the case in the Court of Appeal , instance 1. District Court, Supreme Court of the Republic, Regional Court, Regional Court, Federal Court, Autonomous District Court, Autonomous District Court of the Autonomous Region, District (Navy) Military Court consider appeal filed on appeal, present case in A period not exceeding two months from the date of its admission to the court of appeal. 2. The Supreme Court of the Russian Federation shall consider the appeal filed, the submission of the case within a period not exceeding three months from the date of its receipt. 3. This Code, other federal laws, may provide for a reduced timetable for the consideration of appeal cases, submissions on individual categories of cases before the court of appeal. "; 26), article 328, set out in the following editions: " Article 328. The powers of the court of appeal On the outcome of the appeal, the submission of the appeal court to the right: 1) leave the decision of the court of first instance unchanged and appeal, (b) To repeal or amend the decision of the court of first instance in whole or in part and to adopt a new decision; (3) to reverse the decision of the court of first instance, in whole or in part, and to terminate the decision of the court of first instance proceedings or leave the application without consideration, in whole or in part; 4) leave the appeal, the submission without consideration on the merits, if the complaint, the submission is filed after the appeal has expired and the question of reinstatement is not resolved. "; 27) Article 329 Amend the text as follows: " Article 329. Court of Appeal judgement 1. The ruling of the court of appeal is issued in the form of an appeal judgement. 2. The appellate definition should specify: 1) the date and place of the determination; 2) the name of the court that made the definition, the composition of the court; 3) the person who filed the appeal, the submission; (4) The brief contents of the court of first instance appeal, appeal, submission, evidence, explanations of the persons involved in the hearing before the court of appeal; 5) the facts of the case, Appellated by the court of appeal, findings of the court the outcome of the appeal, the submission; 6) the grounds on which the court had reached its conclusions and the reference to the laws that the court had applied. 3. When an appeal is dismissed, the submission without satisfaction is required to indicate the reasons why the grounds of appeal are rejected. 4. The determination of the court of appeal refers to the allocation of judicial expenses between the parties, including those incurred in connection with the filing of an appeal. 5. The determination of the court of appeal shall enter into force on the date of its adoption. "; 28) Article 330 shall be amended to read:" Article 330. Grounds for revocation or modification of a court decision on appeal 1. The grounds for the reversal or modification of the court's decision on appeal are: 1) an incorrect definition of the circumstances relevant to the case; 2) the lack of proof of the circumstances established by the court of first instance, that are relevant to the case; 3) is inconsistent with the findings of the court of first instance set out in the court decision, the circumstances of the case; 4) the violation or misapplication of the substantive law or procedural law. 2. Improper application of substantive law is: 1) the non-application of the law to be applied; 2) the application of the law not subject to application; 3) misinterpretation of the law. 3. The violation or improper application of procedural law is the basis for the change or reversal of the decision of the court of first instance if the violation has resulted or could have led to the wrong decision. 4. The grounds for the reversal of the decision of the court of first instance in any case are: 1) examination by a court of illegal composition; (2) examination of the case in the absence of any person who is involved in a case and is not duly notified Time and place of the trial; 3) violation of the rules on the language in which the proceedings are conducted; 4) the court's decision on the rights and obligations of persons not involved in the case; 5) the court's decision was not signed by either the judge or any of the judges or the court's decision was not signed by the court. Judges or non-judges who were part of the court hearing the case; 6) the absence of a trial transcript; 7) violation of the rules on the secrecy of the meeting of judges in making a decision. 5. Subject to the grounds specified in part four of this article, the court of appeal shall examine the case by the rules of procedure before the court of first instance, without taking into account the circumstances provided for in this chapter. A determination of the action to be taken by the persons involved in the case and the time frame for their completion is issued by the court of first instance. 6. The correct substantive decision of the court of first instance cannot be overturned on mere formal grounds. "; 29) Article 331 should be amended to read: " Article 331. Appeals against the definitions of the court of first instance 1. The determination of the court of first instance may be appealed to the court of appeal separately from the decision of the court by the parties and other persons involved in the case (private complaint), and the prosecutor may be presented with a view if: 1) is provided for in this Code; 2) the definition of the court precluds the possibility of further action. 2. A private complaint, the prosecutor's submission is considered: 1) to the determination of the district court by a district court; 2) to the determination of the district court, the garrison military court-the Supreme Court of the Republic, the Regional Court, the Regional Court, a court of the city of federal importance, a court of the autonomous region, a court of the autonomous district, a district (naval) military court; 3) to the determination of the supreme court of the republic, the provincial court, the regional court, the court of the city of federal significance, the court of an autonomous oblast, a court of an autonomous district, a district (naval) military The court is the appellate instance of the Supreme Court of the Republic, the Regional Court, the Regional Court, the City Court, the Autonomous Regional Court, the Autonomous District Court, the District Court (fleet) of the Military Court; 4) to the Supreme Court OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The remaining definitions of the court of first instance, private complaints, submissions of the prosecutor are not filed, but their objections may be included in the appeal, submission. "; 30) Article 332 should read as follows: " Article 332. Deadline for submission of private complaint, submission of prosecutor Private complaint, prosecutor's submission may be filed within fifteen days from the day of the determination by the court of first instance. "; 31) Article 333 Amend the text as follows: " Article 333. The procedure for filing and considering a private complaint, prosecutor's view 1. The filing of a private complaint, the submission of a procurator and their consideration by the court shall take place in the manner prescribed by this chapter, with the exceptions provided for in paragraph 2 of this article. 2. A private complaint, the prosecutor's submission to the first instance court, with the exception of the suspension of the case, the dismissal of the case, the dismissal of the application without consideration, is considered without notice. Persons participating in the case. "; 32) Article 334 should be amended to read: " Article 334. The power of the court of appeal in the examination of a private complaint, submission of the prosecutor Appellate court, after examining a private complaint, submission of a prosecutor to the right: 1) to leave Determination of the court of first instance, without modification, complaint, submission of the prosecutor without satisfaction; 2) to cancel the court's definition in whole or in part and to resolve the question on the merits. "; 33), chapter 40 shall be declared void; 34), the title of chapter 41 should read as follows: CHAPTER 41. MANUFERALIZATION OF THE PRODUCTION IN THE CASSASSIONAL INSTATIONS "; 35) Article 376 should be amended to read: " Article 376. Right to appeal to a court of cassation 1. Judicial decisions which have entered into force, with the exception of judgements of the Supreme Court of the Russian Federation, may be appealed in the manner prescribed by this chapter to the court of cassation by persons participating in the case, and other persons, if their rights and legitimate interests are violated by judicial decisions. 2. Judicial decisions may be appealed to the Court of Cassation within six months from the date of their entry into force, provided that the persons referred to in part one of this article have been exhausted with the other The Code is the means of appealing against a court order until the day of its entry into force. 3. The right to appeal to the court of cassation with a view to the review of court rulings which have entered into force, if the prosecutor has participated in the hearing, has officials of the procuratorial authorities referred to in article 377 of the present report Code. "; 36) Article 377 should be amended to read: " Article 377. Order of cassation, submissions 1. The cassation appeal is submitted directly to the Court of Cassation. 2. Appeal is filed: 1) to the appellate definitions of the supreme courts of the republics, regional courts, regional courts, federal courts, autonomous oblast courts, and courts of autonomous regions; and appeals Definition of district courts; court orders, decisions and decisions of district courts and justices of the peace, respectively, to the Presidency of the Supreme Court of the Republic, Regional Court, Regional Court, Federal Court, Court of the Autonomous Region, of the Autonomous District Court; 2) to the appeals Definitions of district (fleet) military courts; decisions and definitions of garrison military courts, which have entered into force, to the presidium of the district (naval) military court; (3) on the decrees of the presidium of the Supreme Courts of the Republics, Regional, regional courts, courts of federal cities, courts of autonomous regions, courts of autonomous regions; courts of appeal of the supreme courts of the republics, regional courts, regional courts, federal courts, and courts of federal law the judiciary, the courts of the autonomous regions, as well as the decisions that have entered into force, and The determination of the district courts, which they have adopted at first instance, if the decisions and definitions were appealed to the Presidium of the Supreme Court of the Republic, the Regional Court, the Regional Court, the City Court, the Autonomous Regional Court Regional Court of the Russian Federation, the Judicial Chamber for Civil Matters of the Supreme Court of the Russian Federation; 4) (navy) military courts; appeal definitions of district (fleet) The Military Division of the Supreme Court of the Russian Federation, the Military Chamber of the Supreme Court of the Russian Federation THE RUSSIAN FEDERATION 3. With the introduction of the judicial review, the Procurator-General of the Russian Federation and his deputies are entitled to appeal to: (1) the Procurator-General of any court of cassation; (2) the Procurator of the Republic; Regions, regions, cities of federal significance, autonomous region, autonomous region, military district (navy), respectively, to the presidium of the Supreme Court of the Republic, the regional court, the regional court, the court of the city of federal importance, the court of the Autonomous Region, The courts of the autonomous district, the district (naval) military court. "; Article 378 should read as follows: " Article 378. The content of the cassation appeal, the submission 1. The appeal, the submission must contain: 1) the name of the court to which they are served; 2) the name of the person filing the complaint, the submission, his place of residence or the location of the complaint (c) The name of the other persons involved in the case, their place of residence or location; (4) the reference to the courts of first instance, the appeal or the court of cassation, and the content of their decisions; 5) an indication of the court orders that are to be appealed; 6) an indication of what constitutes a substantial violation of substantive or procedural law by the courts that have influenced the outcome of the case, with the evidence of such violations; 7) The request of the person filing the complaint, the submission. 2. The cassation appeal of the person who did not participate in the case must state which rights or lawful interests of that person have been violated by a court order which has entered into force. 3. If the appeal in cassation, the submission was previously submitted to the court of cassation, they must be referred to the decision taken on the complaint. 4. The appeal must be signed by the complainant or his representative. A power of attorney or other document certifying the authority of the representative shall be attached to the complaint submitted by the representative. The submission shall be signed by the prosecutor referred to in part three of article 377 of this Code. 5. A copy of the court rulings in the case file is attached to the cassation appeal. 6. The appeal is lodged with copies, the number of which corresponds to the number of persons participating in the case. 7. The cassation appeal must be accompanied by a document confirming the payment of the State fee in the cases prescribed by law, the procedure and the amount or the right to receive the State duty, or the court order Delays, instalments, or the reduction of the amount of the State duty. "; 38), article 379, paragraph 1, should read:" Article 379-1. Return of cassation, submission without consideration on the merits 1. The cassation appeal, the submission is not considered on the merits, if: 1) the cassation appeal, the submission does not meet the requirements of paragraphs 1 to 5 and 7 of Part One, parts of the third to seventh article 378 of this Code; 2) cassation appeals, submission by a person who is not entitled to appeal to a court of cassation; (3) is missing the deadline for the cassation appeal and the cassation appeal against the Court of Cassation. The complaint, the submission is not accompanied by the entry into force of the court's ruling on the Restoration of that period; 4) received a request for return or withdrawal of cassation, submission; 5) cassation appeals, submission in violation of the rules of jurisdiction established by article 377 of this Code. 2. The cassation appeal, the submission must be returned without consideration on the merits within ten days from the date of their receipt to the court of cassation. "; 39), article 380, paragraph 1, reading:" Article 380-1. The cassation proceedings of the court of cassation after the submission of the cassation appeal, the submission of the cassation appeal, the submission made in accordance with the rules laid down in articles 376 to 378 of the present Code shall be examined as follows: 1) at the Presidium of the Supreme Court of the Republic, the Regional Court, the Regional Court, the City Court, the Autonomous District Court, the Autonomous District Court, the District (Navy) Court, the President or the Vice-President of the relevant court or a judge of the court; (2) in OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation. "; 40), amend article 381 to read: " Article 381. Review of cassation, submissions 1. The judges referred to in article 380-1 of this Code shall examine the cassation appeal, the submission on the materials appended to them or on the materials of the claimed case. In the case of certiari, the judge may decide to suspend the execution of the decision of the court until the end of the proceedings in the court of cassation, upon request to do so in cassation, submission or other application. 2. On the basis of the examination of the cassation appeal, the judge rules out: 1) on the refusal to submit cassation complaints, submissions for consideration in a court hearing of the court of cassation, if there is no basis for judicial review in cassation. At the same time, the cassation appeal, the submission, and copies of the judicial decisions complained of remain in the cassation court; 2) on the submission of the cassation appeal, the submission of the case for consideration in the court hearing of the Court of Cassation. 3. The President of the Supreme Court of the Russian Federation, his deputy may not agree with the decision of a judge of the Supreme Court of the Russian Federation to refuse to submit a cassation appeal, a submission for consideration in a court hearing The cassation appeal and the submission of the cassation appeal, the submission of the case for consideration at the court hearing of the court of cassation. 4. Appeal, submission to the Judicial Chamber for Administrative Cases of the Supreme Court of the Russian Federation, the Civil Affairs Division of the Supreme Court of the Russian Federation or the Military Chamber of the Supreme Court of the Russian Federation The Federation shall, for judicial decisions referred to in paragraphs 3 and 4 of part two of article 377 of this Code, with the case of referral to the court of cassation, shall be forwarded to the Judicial Chamber, respectively, for consideration by the Court of Cassation. the Supreme Court of the Russian Federation, The civil division of the Supreme Court of the Russian Federation or the Military Chamber of the Supreme Court of the Russian Federation. "; Time limit for the review of the cassation appeal, view 1. In court of cassation, except for the Supreme Court of the Russian Federation, cassation appeals, submission shall be considered within a period not exceeding one month if the case has not been claimed, and within a period not exceeding two months, if the case is was exterminated, not counting the time from the date of the extermination of the case to the court of cassation. 2. In the Supreme Court of the Russian Federation, the submission of cassation is considered within a period not exceeding two months, if the case was not claimed, and within a period not exceeding three months if the case was claimed without counting the time from the day OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The President of the Supreme Court of the Russian Federation, the Deputy of the Supreme Court of the Russian Federation, in the event of a claim on the case, may extend the period of consideration of the cassation appeal, the submission, but not for more than two months. "; 42) Article 383 Amend the text as follows: " Article 383. Determination of the judge to refuse to surrender cassation appeals, submissions to court review cassation Complaints, submissions to the court of cassation must contain: 1) the date and place of the determination; 2) the name and initials of the judge who issued the definition; 3) the name Applicer for cassation, submission; 4) An indication of the court rulings that are to be appealed; 5) the grounds on which the submission of the cassation appeal has been refused, the submission for consideration by the court of cassation before the court of cassation. "; 43) was revised to read: " Article 384. Determination of the judge on the referral of the cassation appeal, submission to the case for judicial review of the cassation court hearing 1. The judge's determination of the submission of the cassation appeal, the submission of the case for consideration in the court hearing of the court of cassation must contain: 1) the date and place of the determination; 2) the name and initials of the judge; who issued the definition; 3) the name of the court of cassation to which the case is referred for consideration on the merits; 4) the name of the person who filed the cassation appeal, submission; 5) Court orders to be appealed; 6) The content of the case in which the court orders were issued; 7) a reasoned statement of the grounds for the submission of the cassation appeal, submission to the case for consideration in the court of cassation; 8) Proposals of the judge who issued the definition. 2. The judge, together with the ruling, shall forward the cassation appeal, the submission and the case to the court of cassation. "; 44), article 385, as follows: " Article 385. Notice of the persons involved in the case of the transfer of the cassation appeal, the submission with the case for the court hearing of the court of cassation 1. The court of cassation appeals to the persons involved in the case, copies of the definition of the submission of cassation appeals, the submission of the case for consideration in the court hearing of the court of cassation and copies of the cassation appeal. The time for review of the cassation appeal, the submission of the case to the court of cassation, shall be appointed in the light of the fact that the persons involved in the case have the opportunity to appear before the court. 2. The persons participating in the case shall be informed of the time and place of the review of the cassation appeal, the submission of the case, but the non-appearance of the persons in issue shall not preclude their consideration. "; 45) Article 386 should read as follows: Article 386. The date and manner of consideration of the cassation appeal of the complaint, submission with the case in court of the session of the court of cassation 1. The cassation appeal is considered by the court of cassation in court for no more than a month, and in the Supreme Court of the Russian Federation for no more than two months from the date of the judge's determination. 2. The cassation appeal, the submission of the case in cassation before the Presidium of the relevant court, shall be reported to the president of the court, his deputy, or on their behalf, by another member of the bureau or who has not previously participated in the case. of the case by another judge of the court. In the Judicial Chamber for Administrative Cases of the Supreme Court of the Russian Federation, the Judicial Chamber for Civil Affairs of the Supreme Court of the Russian Federation, the Military Chamber of the Supreme Court of the Russian Federation, The case shall be reported by one of the judges of the respective panel. 3. Persons participating in the case, their representatives, other persons who have filed a cassation appeal, submission, if their rights and legitimate interests are directly affected by the court order in question, shall take part in the hearing. 4. In the case of a prosecutor participating in a case, the court hearing is: 1) the prosecutor of the Republic, the province, the city of federal significance, the Autonomous Region, the Autonomous District, and the Military District (Navy) or his deputy-in the presidium of the Supreme Court of the Republic, the Regional Court, the Regional Court, the City Court, the Autonomous Regional Court, the Autonomous District Court, the District (Navy) of the Military Court; (2) the official of the Procurator-General's Office on behalf of the Procurator-General of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. The judge-Rapporteur sets out the facts of the case, the content of the court rulings handed down in the case, the arguments of cassation, the submission that served as grounds for the submission of the cassation appeal, the submission of the case for consideration by the court. Meetings of the court of cassation. 6. The persons referred to in part three of this article, if they appear in court, are entitled to explain the case. The first gives an explanation to the person who filed the cassation appeal, the submission. 7. Following the review of the cassation appeal, the submission of the case to the Presidium of the Court of Cassation decides, and the Judicial Chamber for Administrative Cases of the Supreme Court of the Russian Federation, the Civil Court The Supreme Court of the Russian Federation and the Military Collegium of the Supreme Court of the Russian Federation make determinations. 8. All matters are dealt with by a majority vote in cassation proceedings. With the same number of votes cast for the review of the case and against its review, the submission of cassation is considered to have been rejected. 9. The application of the cassation judgement, the definitions and their declaration shall be made according to the rules laid down in articles 194 and 193 of this Code, respectively. 10. The decision or definition of the court of cassation is communicated to the persons involved in the case. "; 46), article 387, as follows: " Article 387. Grounds for revocation or modification of the judicial ruling on cassation grounds for revocation or modification of judicial decisions in cassation are substantive violations of substantive law, or The rules of procedural law that have affected the outcome of the case and that the restoration and protection of violated rights, freedoms and legitimate interests, as well as the protection of the public interest protected by law, are not possible. "; Amend the text as follows: " Article 388. Order or determination of the court of cassation instance 1. The judgement or ruling of the court of cassation must specify: 1) the name and composition of the court that issued the order or definition; 2) the date and place of the decision or definition; 3) The case in which the order or definition was adopted; 4) the name of the person who filed the cassation appeal, the submission of the review of the case on cassation; 5) the name and initials of the judge who issued the transfer determination cassation complaints, submissions to the court A court of cassation; (6) the content of the judicial decisions; 7) the findings of the Court of Cassation's review of the cassation appeal; 8) the grounds on which the court came to its own conclusions, and the reference to the laws that the court was guided by. 2. When an appeal is lodged, the court is obliged to indicate the reasons why the complaints are rejected. 3. The ruling of the Presidium of the relevant court is signed by the presiding judge, the determination of the court panel-the judges of the case in cassation. "; 48) Article 389, shall be declared invalid; 49) Article 390, amend to read: " Article 390. Powers of the Court of Cassation 1. The court of cassation, having examined the cassation appeal, the submission with the case, has the right: 1) to leave the ruling of the court of first instance, appeal or cassation instance without modification, cassation appeal, submission without satisfaction; 2) to revoke the ruling of the court of first instance, appeal or cassation instance, either completely or in part, and refer the case to the relevant court for further consideration. When a case is referred to a new trial, the court may indicate that it is necessary to consider the case in a different composition of the judges; 3) to cancel the ruling of the court of first instance, appeal or cassation instance, either completely or in part a statement without consideration or to terminate the case; 4) to leave in force one of the court decisions; 5) to repeal or amend the judgement of the court of first instance, appeal or cassation instance and adopt a new judgement, without referring the case to a new case, if There is an error in the application and (or) interpretation of the substantive law; 6) to leave the cassation appeal, submission without consideration on the merits, subject to the existence of the grounds provided for in article 379-1 of this Code. 2. In examining the case on cassation, the court verifies that the rules of substantive law and the rules of procedure of the courts have been correctly applied and interpreted by the courts within the scope of the cassation appeal. In the interests of legality, the court of cassation has the right to go beyond the arguments of cassation, the submission. At the same time, the court of cassation does not have the right to verify the lawfulness of court decisions in the part where they are not appealed and the legality of the court rulings that are not appealed. The court of cassation may not establish or consider the facts that have not been established or were rejected by a court of first or appellate instance to prejudge questions of credibility or lack of credibility of the evidence, the advantage of one evidence to the other, and the determination of which court order must be made in the new case. 3. The instructions of a higher court on the interpretation of the law shall be binding on the court hearing the case again. "; (50) Article 391 should be amended to read: " Article 391. The entry into force of a ruling or ruling of the cassation court The ruling or the ruling of the court of cassation comes into force from the day of its adoption. "; 51) to supplement the chapter 41-1, to read: 41-1. PRODUCTION OF THE SURVEY INSURANCE Article 391-1. Review of court orders in the form of supervision Supervision 1. The judicial rulings that have entered into force may be reviewed by the Presidium of the Supreme Court of the Russian Federation on the complaints of persons participating in the case and other persons, if their rights, freedoms and legitimate interests are violated by these judicial decisions. 2. The Presidium of the Supreme Court of the Russian Federation shall contest: 1) the decisions of the supreme courts of the republics, regional courts, regional courts, federal courts, the Autonomous Regional Court, the courts of the Autonomous Regions, adopted by the first instance, if the said decisions were the subject of an appeal before the Supreme Court of the Russian Federation; 2) the decisions of the district (naval) military courts which entered into force on the first instance (a) The Court of Appeal. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (4) the determination of the Appeals Chamber of the Supreme Court of the Russian Federation; 5) the determination of the Judicial Chamber for Administrative Cases of the Supreme Court of the Russian Federation, the determination of the Civil Division of the Supreme Court of the Russian Federation of the Supreme Court of the Russian Federation and definitions of the Military Collegium of the Supreme Court of the Russian Federation; 6) of the Judicial Panel on Administrative Matters of the Supreme Court of the Russian Federation, the Civil Cases of the Supreme Court of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The right to appeal to the Presidium of the Supreme Court of the Russian Federation with a view to the revision of the court orders referred to in Part Two of this article, if the Prosecutor is involved in the proceedings, the Procurator-General of the Russian Federation The Federation and its deputies. Article 391-2. Order and deadline for filing a supervisory complaint, view 1. The submission is submitted directly to the Supreme Court of the Russian Federation. 2. The judicial decisions referred to in part two, article 391-1 of this Code, may be appealed under the supervisory review procedure within three months from the date of their entry into force. Article 391-3. The content of supervisory complaints, submissions 1. The complaint, submission must contain: 1) the name of the court to which they are served; (2) the name of the person filing the complaint or submission, his place of residence or the location of the complaint (c) The name of the other persons involved in the case, their place of residence or location; (4) the reference to the courts of first instance, the appeal or the court of cassation, and the content of their decisions; 5) an indication of the court orders that are to be appealed; (6) an indication of the grounds for the review of the judgement in the supervisory review procedure, in order to bring the reasons for the existence of such reasons; 7) the request of the person filing the complaint or submission. 2. In the supervisory appeal of a person who has not participated in the case, it shall be stated which rights, freedoms or lawful interests of that person have been violated by a court order which has entered into force. 3. The complaint must be signed by the complainant or his representative. A power of attorney or other document certifying the authority of the representative shall be attached to the complaint submitted by the representative. The oversight submission should be signed by the Procurator-General of the Russian Federation or his or her deputy. 4. A copy of the court rulings in the case file is attached to the supervisory review complaint. 5. The submission is made with copies, the number of which corresponds to the number of persons participating in the case. 6. The supervisory appeal must be accompanied by a document confirming the payment of the State fee in the cases established by law, the procedure and the amount or the right to receive a State duty, or a court order Delays, payment of instalments, or reduction of the amount of the State duty. Article 391-4. Return control complaints, submissions without consideration on the merits 1. The complaint and submission are returned without consideration on the merits, if: 1) supervisory appeal, submission does not meet the requirements of paragraphs 1-5 and 7 of Part One, Part Three-Article 391-3 of the present Code; (2) supervisory appeal, submission filed by a person who is not entitled to appeal to a court of review; 3) missed the deadline for appealing a judicial decision under the supervisory review and the supervisory review complaint, The Court's ruling on the restoration of the A request for return or withdrawal of the supervisory review complaint, submission; 5) supervisory appeal, filed in violation of the rules of jurisdiction established by Part Two of Article 391-1 of this Code has been filed. 2. The submission of a complaint, without consideration on the merits, must be returned within ten days of the receipt of the complaint to the court of review. Article 391-5. Review of supervisory complaints, submissions 1. The submission under the rules laid down in articles 391-1-391-3 of this Code is examined by a judge of the Supreme Court of the Russian Federation. The judge of the Supreme Court of the Russian Federation examines the supervisory appeal, the submission of the materials attached to the complaint, the submission, or the materials of the claimed case. In the case of certifies a case, they may be ordered to suspend the execution of the court's decision until the end of the proceedings in the court of supervisory authority, if there is a request for it in the supervisory review proceedings, the prosecutor's submission or other application. 2. According to the results of the examination of the supervisory appeal, the judge of the Supreme Court of the Russian Federation rules out: (1) refusal to submit supervisory complaints, submissions for consideration in the court session of the Presidium of the Supreme Court OF THE PRESIDENT OF THE RUSSIAN FEDERATION In this case, the supervisory appeal, the submission and the copies of the judicial decisions complained of remain in the court of review; (2) on the referral of the supervisory appeal, the submission to the case for consideration in the court session of the Presidium of the Supreme Court. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The President of the Supreme Court of the Russian Federation, the Deputy Chairman of the Supreme Court of the Russian Federation, may not accept the decision of a judge of the Supreme Court of the Russian Federation to refuse the transfer of supervisory complaints, the submission of a complaint to the Supreme Court of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 391-6. Timing of review of oversight complaints, view 1. The submission of an oversight complaint to the Supreme Court of the Russian Federation is not more than two months if the case has not been claimed, and for no more than three months, if the case was claimed without counting the time from the date on which the case was claimed. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The President of the Supreme Court of the Russian Federation, the Vice-President of the Supreme Court of the Russian Federation, in the event of a claim on the basis of its complexity, may extend the period of consideration of the supervisory appeal, but by no more than two month Article 391-7. Definition of non-transfer of supervision complaints, submissions for consideration by the Presidium of the Supreme Court of the Russian Federation Russian Federation Complaints, submissions for consideration by the Presidium of the Supreme Court of the Russian Federation should contain: 1) the date and place of the determination; 2) the surname and initials of the judge who made the definition; (3) the name of the person filing the supervisory complaint; 4) an indication of the court orders that are to be appealed; 5) the grounds on which the transfer of supervisory complaints has been refused and for submission to the Presidium of the Supreme Court of the Russian Federation for consideration. Article 391-8. Definition of the transfer of supervisory complaints, submission to the case for consideration in the Supreme Court Presidium of the Supreme Court of the Russian Federation 1. The determination of the transfer of the supervisory complaint, the submission of the case for consideration in the court session of the Presidium of the Supreme Court of the Russian Federation should contain: 1) the date and place of the determination; 2) last name and The initials of the judge who gave the definition; 3) the name of the person who has filed the supervisory complaint, the submission; 4) the reference to the court orders to be appealed; 5) a statement of the contents of the case court rulings; 6) reasons For the transfer of supervisory complaints, the submission of the case for consideration in the court session of the Presidium of the Supreme Court of the Russian Federation; 7) of the judge's proposal. 2. The judge of the Supreme Court of the Russian Federation, together with its ruling, refers the supervisory complaints, the submission and the case to the Presidium of the Supreme Court of the Russian Federation. Article 391-9. Grounds for revocation or modification of court supervisory orders The judicial decisions referred to in Part Two 391-1 of this Code are to be repealed or amended if the case is considered in the order The supervision of the Presidium of the Supreme Court of the Russian Federation will determine that the relevant judicial ruling in question violates: 1) the human and civil rights and freedoms guaranteed by the Constitution of the Russian Federation principles and rules of international law, international treaties Russian Federation; (2) the rights and lawful interests of an indeterminable circle of persons or other public interests; 3) uniformity in the interpretation and application of the law by the courts. Article 391-10. The procedure and length of the review of the supervisory appeal, submission with the case in the court session of the Presidium of the Supreme Court of the Russian Federation 1. The Presidium of the Supreme Court of the Russian Federation is considering the case on the basis of the determination of the judge of the Supreme Court of the Russian Federation on the transfer of supervisory complaints, the submission of the case for consideration at the Bureau's trial. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The Presidium of the Supreme Court of the Russian Federation sends copies of the definition of the transfer of supervisory complaints to the persons involved in the case, with the case for consideration in the court session of the Presidium of the Supreme Court of the Russian Federation and the copy oversight complaints, submissions. Persons participating in the case shall be informed of the time and place of the proceedings by the Presidium of the Supreme Court of the Russian Federation, according to the rules set out in chapter 10 of this Code. The failure of the persons participating in the case and duly notified of the time and place of the proceedings of the Presidium of the Supreme Court of the Russian Federation shall not preclude the examination of the case under the supervisory review procedure. 3. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The submission of a complaint is considered by the Presidium of the Supreme Court of the Russian Federation for no more than two months from the date of the judge's determination. 5. Persons participating in the case, their representatives, other persons who have lodged supervisory complaints, the submission, if their rights and legitimate interests are directly affected by the court order in question, may take part in the hearing. In case the prosecutor is a member of the proceedings, the Procurator-General of the Russian Federation or his or her deputy shall take part in the hearing of the Presidium of the Supreme Court of the Russian Federation. 6. The supervisory review proceedings before the Presidium of the Supreme Court of the Russian Federation are reported by a judge of the Supreme Court of the Russian Federation. 7. The judge-Rapporteur sets out the facts of the case, the content of the court rulings handed down in the case, the arguments of the supervisory appeal, the submissions that served as grounds for the referral of the supervisory complaint, the submission of the case for consideration in the hearing OF THE PRESIDENT OF THE RUSSIAN FEDERATION 8. The persons referred to in part four of this article, if they appear before the court, are entitled to explain the case. The first gives an explanation to the complainant, the submission. 9. As a result of the review of the supervisory appeal, the Supreme Court's Presidium is in the process of adopting a resolution. 10. All matters are decided by the majority vote in the review of supervisory complaints. With the equal number of votes cast for the review of the case and against its revision, supervisory complaints, the submission is considered rejected. 11. The decision of the Presidium of the Supreme Court of the Russian Federation shall be communicated to the persons participating in the case. Article 391-11. Review of the judicial decisions in the order of the Supreme Court of the Russian Federation or of the Supreme Court of the Russian Federation of the Supreme Court of the Russian Federation 1. The President of the Supreme Court of the Russian Federation or the Deputy Chairman of the Supreme Court of the Russian Federation on the complaint of interested persons or on the recommendation of the procurator may submit a submission to the Presidium of the Supreme Court of the Russian Federation. on the review of judicial orders to address fundamental violations of substantive law or procedural law, which have affected the legality of the judicial decisions complained of and deprived the participants of the contested of substantive or procedural law relating to the possibility of The rights guaranteed under this Code, including the right to access to justice, the right to a fair trial based on the adversarial principle and the equality of rights of the parties, or substantially limited those rights. 2. The complaint or submission of the prosecutor referred to in part one of this article may be lodged within six months of the date on which the judicial decisions complained of are enforceable. 3. The case of the President of the Supreme Court of the Russian Federation or the Vice-President of the Supreme Court of the Russian Federation shall be considered by the Presidium of the Supreme Court of the Russian Federation in the manner provided for in article 391-10 of this Code. 4. The Chairman of the Supreme Court of the Russian Federation or the Vice-President of the Supreme Court of the Russian Federation, who made a submission, may not participate in the consideration by the Presidium of the Supreme Court of the Russian Federation of the case for review by the Supreme Court of the Russian Federation. they have been introduced. Article 391-12. The powers of the Presidium of the Supreme Court of the Russian Federation in the revision of court supervisory orders 1. The Presidium of the Supreme Court of the Russian Federation, having examined the supervisory appeal, in supervisory proceedings, has the right: 1) to leave the ruling of the court of first instance, appeal or cassation instance, without change, supervisory appeal, Submission without satisfaction; 2) to revoke the ruling of the court of first instance, appeal or cassation instance, either fully or in part, and refer the case to the relevant court for further consideration. When referred to a new review, the Presidium of the Supreme Court of the Russian Federation may indicate that it is necessary to consider the case in a different composition of the judges; 3) to revoke the ruling of the court of first instance, appeal or cassation instance completely or in part and leave the application without consideration or to terminate the case; 4) to leave in force one of the court orders; 5) to repeal or amend the judgement of the court first, of the Court of Appeal or of the Court of Cassation, and to adopt a new judgement submitting the case for a new examination, if there is a mistake in the application and interpretation of the substantive law; 6) to leave a supervisory review complaint, submission without consideration on the merits of the grounds provided for under article 391-4 of this Code. 2. The Presidium of the Supreme Court of the Russian Federation reviews the validity of the application and interpretation of the rules of substantive law and the rules of procedure by the courts in the case, within the limits of the supervisory review proceedings. Complaints, submissions. In the interests of legality, the Presidium of the Supreme Court of the Russian Federation has the right to go beyond the arguments of the supervisory appeal, the submission. At the same time, the Presidium of the Supreme Court of the Russian Federation is not in a position to verify the lawfulness of judicial decisions in the part where they are not appealed, as well as the legality of court rulings that are not appealed. The Presidium of the Supreme Court of the Russian Federation is not entitled to establish or consider the circumstances of the case which have not been established or were rejected by a court of first or appellate court. (a) The need for a review of the merits of the case. 3. The ruling of the Presidium of the Supreme Court of the Russian Federation is signed by the Presidium of the Supreme Court of the Russian Federation. 4. The instructions of the Presidium of the Supreme Court of the Russian Federation on the interpretation of the law are binding on the court hearing the case again. Article 391-13. The content of the ruling of the Presidium of the Supreme Court of the Russian Federation In the order of the Presidium of the Supreme Court of the Russian Federation, the following should be indicated: 1) the name and composition of the court which accepted resolution; 2) the date and place of the decision; (3) the case in which the order was issued; 4) the name of the person who filed the supervisory complaint, the submission; 5) the name and initials of the judge; who made a determination on the transfer of supervisory complaints, the submission of the case for Review by the Presidium of the Supreme Court of the Russian Federation; 6) the content of the judicial decisions; 7) the conclusions of the Presidium of the Supreme Court of the Russian Federation on the outcome of the review (c) The reasons for the conclusion reached by the Presidium of the Supreme Court of the Russian Federation. Article 391-14. The legal force of the ruling of the Presidium of the Supreme Court of the Russian Federation the Presidium of the Supreme Court of the Russian Federation shall enter into force from the day of its adoption and appeal. ";"; 52) the title of chapter 42 should read: 42. REVISION OF OPEN-ENDED OR NEW CIRCUMSTANCES OF JUDICIAL SUSPENSIONS, ENTRY IN THE LAW OF THE SEA "; 53) Article 392 should read as follows: " Article 392. Reasons for the revision of court rulings which entered into force (again opening or new circumstances) 1. Court orders that have become enforceable may be revisited upon newly discovered or new circumstances. 2. The grounds for the revision of court rulings that have entered into force are: 1) newly discovered circumstances, as specified in part three of this article and which existed at the time of the adoption of the judgement In the case of the case; 2) the new circumstances referred to in part four of this article, which have arisen since the adoption of the judgement and which are essential for the proper resolution of the case. 3. The newly discovered circumstances include: 1) substantive circumstances that were not and could not be known to the applicant; 2) knowingly false testimony of a witness, knowingly false expert opinion, knowingly Improper translation, falsification of evidence, resulting in the adoption of an unlawful or unwarranted court order and established by enforceable judgement of the court; (3) the crime of the parties, other persons, and their representatives, the crimes of The examination and resolution of the case and the enforceable judgement of the court which has entered into force. 4. The new circumstances include: 1) the annulment of a court order by a court of general jurisdiction or an arbitral tribunal or a decision by a public authority or a local self-government body that served as a basis for the adoption of a judicial decision (2) Recognition of a court ruling that has entered into force by a court of general jurisdiction or an arbitral tribunal of an invalid transaction that has resulted in the adoption of an unlawful or unfounded court order decision on the case; 3) recognition by the Constitutional Court The Court of the Russian Federation does not in accordance with the Constitution of the Russian Federation the law applied in a particular case, in connection with the decision on which the complainant appealed to the Constitutional Court of the Russian Federation; 4) the establishment The European Court of Human Rights has violated the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms when the Court is seized of a particular case, in connection with the decision on which the applicant has applied to the European Court of Human Rights; 5) Definition (change) in the judgement of the Presidium of the Supreme Court OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Russian Federation, following consideration of another case under the supervisory procedure or in the decision of the Plenary of the Supreme Court of the Russian Federation. "; 54), article 393 should read as follows:" Article 393. Judging by the newly discovered or new circumstances , the ruling of the court is reviewed by the court which has accepted the court ruling. It's a ruling. Review of the newly discovered or new circumstances of the judgements of the courts of appeal, cassation or review instance, which have been amended or adopted by a new court order, shall be made by a court that has changed the judgement or article 394. " Article 394. Application, review of the revision of judicial decisions on newly discovered or new circumstances Statement, a view of judicial review of newly discovered or new court orders Cases are filed by the parties, the prosecutor and other persons involved in the case to the court which issued the orders. The submission may be filed within three months from the date of the establishment of the grounds for revision. "; 56) Article 395 should read as follows: " Article 395. Calculation of the time limit for the application, presentation of the review of court orders on the new opened or new circumstances The deadline for submission of the application, the filing of judicial review The newly discovered or new circumstances shall be calculated in the cases provided for in: 1) paragraph 1 of Part Three of Article 392 of this Code, starting from the day of the opening of the essential circumstances; 2), paragraphs 2 and 3 article 392 of this Code, from the date of entry into force of the sentence Article 392, paragraph 1, paragraph 1, of this Code, from the date of the entry into force of a court order which annuls a previous judgement or a decision of a public authority or the local self-government body, on which the court ruling was based, or from the date on which the State body or local government body adopted a new ruling, on which the judicial review was based Paragraph 2 of article 392, paragraph 2 (a) of this Code, from the date of entry into force of the court order; 5) paragraph 3 of article 392, paragraph 3, of this Code, from the date of entry into force of the relevant decision of the Constitutional Court of the Russian Federation; (6) Paragraph 4 of article 392, paragraph 4, of this Code, from the date of entry into force of the relevant ruling of the European Court of Human Rights; 7) paragraph 5 of Part 4 of Article 392 of this Code, from the day OF THE PRESIDENT OF THE RUSSIAN The Federation, from the day of publication of the decision of the Plenum of the Supreme Court of the Russian Federation. "; Consideration of the application, the submission of the review of judicial decisions on newly discovered or new circumstances The Court reviews the application, the submission of the review of the judicial decisions again in the case of a court of law. The parties, the prosecutor, other persons involved in the case shall be informed of the time and place of the trial, but their non-appearance shall not preclude the consideration of the said declaration, submission. "; (58). " Article 397. Definition of a court for judicial review of rulings on newly discovered or new circumstances 1. The Court, having examined the application, the submission of a review of the judicial decisions on newly discovered or new circumstances, satisfies the application and quits the judicial decisions or refuses to review them. 2. In the determination of the court of first instance to satisfy the application, the review of the judicial decisions on newly discovered or new circumstances, and the refusal to satisfy the application, Orders on newly discovered or new circumstances may be filed by a private complaint, brought before the prosecutor. 3. In the case of the annulment of the judgement, the case is examined by a court according to the rules set out in this Code. "; 59) Part 3 of article 445 should be read as follows: " 3. In the event of a reversal in the court of appeal of the court of appeal in the case of the enforcement of the maintenance, the court decision is permitted only in cases where the annulled decision of the court was based on false information reported by the plaintiff, or The documents submitted to them were false. In case of cancellation in cassation or supervisory review of decisions of the court in cases of recovery of money sums on claims arising from labour relations, on recovery of remuneration for the use of the rights to works of science, literature and Art, performance, discovery, inventions, inventions, useful models, industrial designs, recovery of maintenance, compensation for injury or other damage to health or death of the breadwinner, the turn of the execution of the decision is permitted if The annulled decision of the court was based on false information reported by the plaintiff or of the false documents submitted to them. ". Article 2 Appellate, cassation and supervisory appeals and submissions of the prosecutor not considered on the date of the entry into force of this Federal Act are considered by Regulations in force on the date of their submission to the court of appropriate jurisdiction. Article 3 Admit invalid force: 1) Article 10, paragraph 6 of the Federal Law of July 21, 2005 N 93-FZ OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3104); 2) Article 2, paragraph 4 of the Federal Law of 5 December 2006 N 225-FZ "On amendments to the Federal Law" On the Main OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5303); 3) Article 1, paragraph 17, of the Federal Law of 4 December 2007, No. 330-FZ " On amendments to the Civil Procedure Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6243). Article 4 1. This Federal Act shall enter into force on 1 January 2012, with the exception of the provisions for which this article establishes a different period of entry into force. 2. Paragraphs 8, 9, 10 and 11 of article 1 of this Federal Law shall enter into force on 1 March 2011. 3. From 1 March 2011 to 1 January 2012: 1) the appellate instance of the Supreme Court of the Republic, Regional Court, Federal Court, Autonomous District Court, Autonomous District Court, District Court (Starfleet) Military court, part of article 244-5, article 244-5, part 5 of article 244-6, paragraph 1 of part 5 of article 244-9 and part three of article 244-10 Russian Federation Code of Civil Procedure of this Federal Act), performs the cassation instance of the Supreme Court of the Republic, the Regional Court, the Regional Court, the City Court, the Autonomous District Court, the Autonomous District Court, the District (Navy) of the Military Court; (2) The functions of the Appeals Chamber of the Supreme Court of the Russian Federation, as provided for in article 244-5, part 5, of article 244-6, article 244-6, paragraph 2, of part 5 of article 244-9 and part three of article 244-10 President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 9 December 2010 N 353-FZ