publication . Article . 2010

Russian Constitutional Court : European Court judgments are 'newly discovered circumstances' in civil cases

Timofeyev, Maxim;
Open Access English
  • Published: 01 Jan 2010
  • Publisher: European Human Rights Advocacy Centre (EHRAC), London Metropolitan University
  • Country: United Kingdom
Abstract
This article explains the significance of a Russian Constitutional Court ruling that provides guidance on the approach to ECtHR judgments in civil courts. On 26 February 2010, the Constitutional Court of the Russian Federation (CC) ruled that Russian courts of general jurisdiction are obliged to reconsider a civil case where the ECtHR has found a violation of an applicant’s rights in that case. It also ordered the Russian Parliament to amend the Code of Civil Procedure (CCP) to provide the legal grounds for lodging an application for a final court judgment to be reviewed in cases where the ECtHR has found violations of applicants' rights.
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free text keywords: dewey320, dewey340
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