PROPUESTA DE VALOR

Article 392. Grounds for Reviewing Effective Judicial Decisions (Due to Newly Discovered or New Facts)

1. Effective judicial decisions may be reviewed due to newly discovered or new facts. 2. As grounds for reviewing effective judicial decisions shall be deemed the following: 1) newly discovered facts being the circumstances important for the case which are cited in Part Three of this article and are existing as of the time when a judicial decision is adopted;

2) new facts being the circumstances important for correct solving of a case which are cited in Part Four of this article and which have risen after the adoption of a judicial decision.

3. As newly discovered facts shall be deemed the following:

1) circumstances important for a case which were not known and could not have been known to the applicant;

2) wittingly false evidence of a witness, wittingly false opinion of an expert, wittingly incorrect translation or falsification of evidence that have entailed the adoption of an unlawful or ill-founded judicial decisions and have been established by an effective court sentence;

3) crimes of the parties, of other persons participating in a case, of their representatives, crimes of judges committed while trying and solving a given case and established by an effective court sentence.

4. The following shall pertain to new facts:

1) cancellation of the judicial decision rendered by a court of law or by an arbitration court, or of the decision of a state body or local authority that has served as a ground for adoption of the judicial decision on a given case;

2) declaring invalid by an effective judicial decision of a court of law or of an arbitration court of the transaction entailing the adoption of an unlawful or ill-founded judicial decision on a given case;

3) declaring by the Constitutional Court of the Russian Federation as not complying with the Constitution of the Russian Federation the law applied in a specific case for adoption of the decision in connection with which the applicant has filed a petition with the Constitutional Court of the Russian Federation;

4) establishing by the European Court of Human Rights a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms when trying by a court the specific case in connection with whose solving the applicant has filed a petition with the European Court of Human Rights;

5) determining (changing) by a decision of the Presidium of the Supreme Court of the Russian Federation the practice of applying the rule of law used by a court in the specific case, the judicial decision on which has entailed filing an application for reviewing the case by way of supervision, or by the decision of the Presidium of the Supreme Court of the Russian Federation based on the results of trying another case by way of supervision or by a decision of the Plenary Session of the Supreme Court of the Russian Federation.

Article 393. Courts Reviewing Judicial Decisions Due to Newly Discovered or New Circumstances

An effective judicial decision shall be reviewed due to newly discovered facts or to new facts by the court that has adopted this decision. The decisions of courts of the appellate, cassation or supervisory instance that have changed a judicial decision or adopted a new judicial decision shall be reviewed due to newly discovered or new facts by the court that has changed the judicial decision or adopted a new judicial decision.

Article 394. Filing an Application or Presentation for Reviewing Judicial Decisions Due to Newly Discovered or New Facts

An application or presentation for reviewing judicial decisions due to newly discovered or new facts shall be filed by the parties, prosecutor and other person participating in the case with the court that has adopted these decisions. The cited application or presentation may be filed within three months as from the date when grounds for such review are established.

Article 395. Computation of the Time Period for Filing an Application or Presentation for Reviewing Judicial Decisions Due to Newly Discovered or New Facts

The time period for filing an application or presentation for reviewing judicial decisions due to newly discovered or new facts shall be computed where it is provided for by:

1) Item 1 of Part Three of Article 392 of this Code - as from the date of occurrence of the circumstances important for the case;

2) Items 2 and 3 of Part Three of Article 392 of this Code - as from the date of entry into legal force of a criminal sentence;

3) Item 1 of Part Four of Article 392 of this Code - as from the date of entry into legal force of the judicial decision canceling the previously rendered judicial decision or the decision of a state body or local authority that served as a basis for the judicial decision under review, or from the date of adoption by a state body or by a local authority of the new decision that served as a basis for the judicial decision under review;

4) Item 2 of Part Four of Article 392 of this Code - as from the date of entry of a legal decision into legal force;

5) Item 3 of Part Four of Article 392 of this Code - as from the date of entry into force of an appropriate decision of the Constitutional Court of the Russian Federation;

6) Item 4 of Part Four of Article 392 of this Code - as from the date of entry into force of an appropriate decision of the European Court of Human Rights;

7) Item 5 of Part Four of Article 392 of this Code - as from the date of entry into legal force of a decision of the Presidium of the Supreme Court of the Russian Federation or as from the date of publication of a decision of the Plenary Session of the Supreme Court of the Russian Federation.

Article 396. Consideration of an Application or Presentation for Reviewing Judicial Decisions Due to Newly Discovered or New Facts

A court shall consider an application or presentation for reviewing judicial decisions due to newly discovered or new facts in court session. The parties, prosecutor and other persons participating in a case shall be notified of the time and place of holding the court session but their non-appearance shall not be an obstacle to consideration of the cited application or presentation.

Article 397. Court Ruling on Reviewing Judicial Decisions Due to Newly Discovered or New Facts

1. A court, having considered an application or presentation for reviewing judicial decisions due to newly discovered or new facts, shall allow the application and cancel the judicial decisions or deny their review.

2. A separate appeal or prosecutor's presentation may be filed against the ruling of a court of the first instance on satisfaction of an application or presentation for reviewing judicial decisions due to newly discovered or new facts, as well as on the refusal to allow an application or presentation for reviewing judicial decisions due to newly discovered or new facts.

3. In the event of cancellation of a judicial decision, the case shall be tried by a court according to the rules established by this Code.