On Unconstitutionality of Article 311 of the Arbitration and Procedural Code of the RF not Allowing for the Renewal in the Light of New Evidence Hidden from the Court by the Other Party

The practice of the application of reviewing judicial acts based on newly discovered facts interfering in the adoption of new evidence earlier hidden from the court for any of several reasons is analyzed. The impossibility to revise the judicial act based on the false data reported by the claimant when the documents which are earlier hidden from court are revealed is stated. The legislation of the European countries in this sphere is studied, and the conclusion about the existence of the general approach allowing for new proofs to be provided in cases when the party was deprived of an opportunity to provide them to court earlier due to their concealment by the other party is drawn. The existence of uniform judicial practice of the Supreme Court of the Russian Federation according to which in contesting judicial acts by competitive creditors and receivers upon their providing new proofs such complaints need to be considered in courts of the Court of Appeal with regard to provisions on reviewing newly discovered facts is proved. Specified persons should not be denied the opportunity to present new proofs as they are not guilty of not having been able to submit them to court earlier. The refusal to consider such proofs is the result of unconstitutional interpretation of provisions of Article 311 of the Arbitration and Procedural Code of the Russian Federation. Upon detecting new proofs that confirm a lie of one of the parties or detecting the proofs hidden from the court the procedure of renewal of production has to work. Nobody has the right to benefit from unfair behaviour, and therefore the unfair person cannot refer to the principle of res judicata which is only one element of the rule of law and this principle should not encourage the one who, in the shadow of law, creates injustice and undermines respect for law. The offered approach will not only make lying and concealing unprofitable but also will allow for reaching such tasks as strengthening of legality and prevention of offenses in the sphere of business and other economic activities; the formation of respect for law and the court; assistance to formation and development of partner business relations, kind customs and ethics of business conduct.