RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of March 12, 2007 No. 17

About application of the Arbitral Procedure Code of the Russian Federation in case of review of the court resolutions which took legal effect on newly discovered facts

For the purpose of ensuring uniformity in application of provisions of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation) in case of review of the court resolutions of Arbitration Courts which took legal effect on newly discovered facts the Plenum of the Supreme Arbitration Court of the Russian Federation, being guided by article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation", decides to make the following explanations.

1. According to Article of 309 AIC of the Russian Federation the court resolution which took legal effect can be reviewed by the Arbitration Court which accepted it on newly discovered facts.

With respect thereto it must be kept in mind that on newly discovered facts decisions of Arbitration Court of the first instance, the resolution of Arbitration Courts of appeal and cassation instances, and also resolutions of Presidium of the Supreme Arbitration Court of the Russian Federation after their introduction in legal force can be reviewed.

Arbitration court rulings can be reviewed on newly discovered facts in cases if:

1. according to the AIC of the Russian Federation determination appeal is provided;

2. determination obstructs further traffic of case.

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