A Retrial Based on the Newly Revealed Circumstances: The Perpetual Conflict between Legal Certainty and Legal Ambiguity Resulting from Judicial Error

This article examines the problem of using the rehearing procedure based on newly discovered circumstances as a way to combat lies in the process. Despite the fact that there have been no changes in the procedural codes, the legal positions from the Ruling of the Supreme Court of the Russian Federation dated March 11, 2021, No. 306-ES20-16785(1,2) and the explanations given in paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 46 dated December 23, 2021 “On the application of the Arbitration Procedural Code of the Russian Federation when considering cases in the court of first instance” began to change the attitude towards lying in the process. The application of these explanations is sometimes confronted not only with the old approach, but also with attempts to abuse them.