Поликарпова Е.В. Проблема «laissez faire» в идеологии раннего народничества

Аннотация: The article covers the research of the Russian Civil Procedural Legislation progress in the course of the 20th and 21st centuries, the analysis of legal regulation of civil cases proceedings in the exercise of supervisory functions. One of the great problems of modern Russian civil procedure is a problem of the supervisory instance court. This is most reform phase in all civil procedure during 15 years last its legal transformation. The article considers the issue of limits of case trial by supervisory– instance court, scrutinizes the statutory grounds for the review of judgment which has entered into legal force and their last twenty years’ history. Such requirements provided by the Law as legality and justification of court decisions are analyzed here along with brief characteristics, notions, essence and interaction of mentioned requirements. Further in this article, an influence of Law requirements such as legality and justification of court judgment on the process of the above grounds’ definition by the lawgivers and those grounds interpretation by the courts is viewed over the period of supervisory instance existence in the Soviet and Russian civil litigation. The Author of this article focuses on study, interpretation and the definition of the rules put in the Civil Procedure Code of the Russian Federation by the Federal Law dated December 4, 2007. Based on the analysis of legal positions of the European Court of Human Rights, of Constitutional Court of the Russian Federation, of The Supreme Court of the Russian Federation and on practice of Presidium of the Supreme Court of the Russian Federation, the attempt is undertaken to construe the content of current procedural rules strengthening the grounds for the vacation of court judgment in the exercise of supervisory powers. Author’s attitude is specifically stated in this article as to what substantial infringements of material or procedural law rules, having influenced outcome of the case, are considered to be the grounds for vacation of the court judgment in the exercise of supervisory powers. Very important idea – put all unconditional procedure reasons (equal unconditional procedure reasons in revision phase and appellation phase – art. 364 Civil Procedure Code) on the list of supervisory’s reasons. But with all supervisory’s reasons apply one reservation – each of them must be considerable. The category “public interest protected by law” had also been looked into in the context of the analysis of the grounds for vacation of court judgment.

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Abstract: The article covers the research of the Russian Civil Procedural Legislation progress in the course of the 20th and 21st centuries, the analysis of legal regulation of civil cases proceedings in the exercise of supervisory functions. One of the great problems of modern Russian civil procedure is a problem of the supervisory instance court. This is most reform phase in all civil procedure during 15 years last its legal transformation. The article considers the issue of limits of case trial by supervisory– instance court, scrutinizes the statutory grounds for the review of judgment which has entered into legal force and their last twenty years’ history. Such requirements provided by the Law as legality and justification of court decisions are analyzed here along with brief characteristics, notions, essence and interaction of mentioned requirements. Further in this article, an influence of Law requirements such as legality and justification of court judgment on the process of the above grounds’ definition by the lawgivers and those grounds interpretation by the courts is viewed over the period of supervisory instance existence in the Soviet and Russian civil litigation. The Author of this article focuses on study, interpretation and the definition of the rules put in the Civil Procedure Code of the Russian Federation by the Federal Law dated December 4, 2007. Based on the analysis of legal positions of the European Court of Human Rights, of Constitutional Court of the Russian Federation, of The Supreme Court of the Russian Federation and on practice of Presidium of the Supreme Court of the Russian Federation, the attempt is undertaken to construe the content of current procedural rules strengthening the grounds for the vacation of court judgment in the exercise of supervisory powers. Author’s attitude is specifically stated in this article as to what substantial infringements of material or procedural law rules, having influenced outcome of the case, are considered to be the grounds for vacation of the court judgment in the exercise of supervisory powers. Very important idea – put all unconditional procedure reasons (equal unconditional procedure reasons in revision phase and appellation phase – art. 364 Civil Procedure Code) on the list of supervisory’s reasons. But with all supervisory’s reasons apply one reservation – each of them must be considerable. The category “public interest protected by law” had also been looked into in the context of the analysis of the grounds for vacation of court judgment.

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