Annotation

The article examines issues related to the form of consolidation of newly discovered circumstances established at the pre-trial stage of criminal proceedings. Taking into account the Resolution of the Constitutional Court of the Russian Federation No. 1-P dated January 16, 2025, the author formulates a possible legitimate purpose for departing from the principle of res judicata and deduces criteria for recognizing circumstances established at the stages of pre-trial proceedings and contained in other procedural acts (in particular, protocols of investigative actions, examinations, indictments, act, resolution) as newly discovered. The conclusion concludes that if the current procedural conditions for review are defective, entailing a gross violation of human rights and freedoms by an unlawful judicial act, as well as compliance with the criteria formulated by the Constitutional Court, ordinary courts may recognize the facts established at the stages of pre-trial proceedings and contained in other procedural acts as newly discovered circumstances.