Annotation

The article is devoted to a comprehensive study of the legal issues and development prospects of the institution of reviewing civil cases based on new and newly discovered circumstances, in correlation with the legal traditions of continental law. A unified legal nature of new and newly discovered circumstances and the subject composition of civil proceeding have been established. It is determined that the use of evaluative legal categories in procedural law — such as “materiality” — entails legal uncertainty and reduces the predictability of judicial practice. At the same time, the legal positions of higher courts serve as an independent element of legal regulation. The conclusion proposes legislative amendments to expand the circle of persons entitled to apply for review of a case based on new or newly discovered circumstances, including granting such special powers to representatives, as well as developing a universal ground for reviewing decisions in the event of retroactive changes in the law.