ON THE ISSUE OF UNACCEPTABLE GROUNDS FOR REVIEWING COURT RULINGS ON NEWLY DISCOVERED CIRCUMSTANCES

This comprehensive legal study is devoted to the controversial issues of expansion by the Supreme Court of Arbitration of the Russian Federation and the Supreme Court of the Russian Federation of the grounds that the lower courts of the judicial system of Russia can accept in the process of implementing such an independent stage of the civil process as the revision of judicial decisions that have entered into force due to newly discovered circumstances. Using an interdisciplinary approach based on the study of the historical development of the institute for reviewing court decisions on newly discovered circumstances, national legislation, domestic judicial practice on this issue, as well as doctrinal provisions of civil procedure, criminal and criminal procedure branches of law the author formulated conclusions that indicate the unconstitutionality of these explanations, since they violate the presumption of innocence – a fundamental intersectoral principle of the Russian legal system, enshrined both in the Constitution of the Russian Federation and in other normative legal acts. This violation is expressed in the permissibility of recognizing the commission of a crime by a person not on the basis of a court conviction. Based on the results of the study recommendations are presented, the implementation of which may eliminate the inconsistency of the explanations of the supreme judicial bodies of the Russian Federation with this constitutional principle.