Petruchak Ruslan Constantinovich Judicial mistake in the revision of the judicial decision due to new or newly found circumstances

Abstract: This article is devoted to the analysis of various points of view towards the term “judicial mistake” in cases of review of judicial acts, which are in force, due to new or newly found circumstances in civil and arbitration processes. The author analyzes the positions of the scientists, who work with this problem. The author also pays much attention to the definition of “judicial mistake”, based on the legislation of the Russian Federation and scholarly literature, then establishing the position clearly. It is considered that when the court fails to establish the fact, of which due to objective reasons the judge could not have known, should not be regarded as a judicial mistake. In spite of the dubious attitude towards correcting judicial mistakes at this stage of civil process, the author concludes that judicial mistake is not the basis for the revision of judicial decision due to new or newly found circumstances. The author then comes to a conclusion that in order to correct judicial mistakes one can use appeals, cassation and general revision procedures.

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