Petruchak, R.K. The invalid and void transaction as a new condition for the revision of the effective judicial acts in civil and arbitration processes

Abstract: The article is devoted to the recognition of the deal as void by the court of general jurisdiction or arbitration court, as a new circumstance, which may serve as grounds for the revision of the effective judicial acts in civil and arbitration process due to the fact of their unlawfulness or lack of material grounds. This matter was included by the legislator into the list of new circumstances in the Civil Procedural Code of the Russian Federation and the Arbitration Procedural Code of the Russian Federation within the process of reform of the institution of the review of the effective judicial acts due to the new or newly found circumstances under the Federal Law of December 9, 2010 ¹ 353-FZ and the Federal Law of 23 December, 2010 n. 379 –FZ. The author notes, that if the provisions of part 1 of Art. 166 of the Civil Code of the Russian Federation were to be interpreted literally, then the deal which is void based upon the grounds provided by the above-mentioned Code due to its recognition as void by the court or by law without need for such recognition (voidable and invalid deals), both of these types of void deals should be regarded as grounds for the review of the effective decision of the court. Due to this fact, the author comes to a conclusion that the legislator had mistakenly included voidance of the invalid deal as the new circumstance, which lead to the confusion in the process of application of this type of review.

Keywords: