The Constitutional Court summarized its practice for the first quarter of 2022.
30 may 2022
In particular, the Review includes Resolution No. 10-P of March 10, 2022, by which the provisions of paragraph 2 of Part 3 of Article 445 of the Civil Procedure Code were found to be inconsistent with the Constitution of Russia to the extent that they allow the recovery of awarded sums of money from employees on claims arising from labor relations, in case of revision of the relevant court decisions on newly discovered or new circumstances. The Court explained that the specified norm should contain rules limiting the turn of execution of a court decision canceled due to newly discovered or new circumstances, since their absence indicates the presence of a gap of constitutional significance in legal regulation that conflicts with constitutional guarantees of the right to remuneration for work. In his Review, the Constitutional Court of the Russian Federation noted that, until appropriate changes are made to the civil procedural legislation, the contested legal provision is subject to application with the extension of the rules established by it to cases of revision by newly discovered or new circumstances of court rulings in cases of recovery of sums of money for claims arising from labor relations, if their very existence has not been refuted in court the cancelled court decision was not based on false information reported by the citizen or false documents submitted by him.
The Review also contains decisions on the specifics of:
recognition of unfair competition of the actions of an economic entity that has applied for participation in an electronic auction within the framework of the contract system in the procurement of goods, works, services to meet state and municipal needs in the absence of a properly issued license to carry out activities necessary for the execution of a state (municipal) contract (Resolution No. 7-P of February 17, 2022);
calculation and payment of corporate income tax and depreciation of property acquired (created) at the expense of budgetary funds of targeted financing (Resolution No. 13-P of March 31, 2022);
changing, at the initiative of the employer, without the consent of the employee, the terms of the employment contract defined by the parties on his place of work (Resolution No. 3-P of January 20, 2022);
invalidating the contract of sale of residential premises concluded by the debtor within one year prior to the adoption of the application for recognition as bankrupt with the buyer-a citizen for whom this residential premises is the only one suitable for permanent residence (Resolution No. 5-P of February 3, 2022);
revising court rulings that have entered into force under new circumstances on the basis of subsequently changed legislative norms (Definition No. 492-O of March 10, 2022).
The Constitutional Court summarized its practice for the first quarter of 2022.
In particular, the Review includes Resolution No. 10-P of March 10, 2022, by which the provisions of paragraph 2 of Part 3 of Article 445 of the Civil Procedure Code were found to be inconsistent with the Constitution of Russia to the extent that they allow the recovery of awarded sums of money from employees on claims arising from labor relations, in case of revision of the relevant court decisions on newly discovered or new circumstances. The Court explained that the specified norm should contain rules limiting the turn of execution of a court decision canceled due to newly discovered or new circumstances, since their absence indicates the presence of a gap of constitutional significance in legal regulation that conflicts with constitutional guarantees of the right to remuneration for work. In his Review, the Constitutional Court of the Russian Federation noted that, until appropriate changes are made to the civil procedural legislation, the contested legal provision is subject to application with the extension of the rules established by it to cases of revision by newly discovered or new circumstances of court rulings in cases of recovery of sums of money for claims arising from labor relations, if their very existence has not been refuted in court the cancelled court decision was not based on false information reported by the citizen or false documents submitted by him.
The Review also contains decisions on the specifics of:
You can read more about the Review of the practice of the Constitutional Court of the Russian Federation for the first quarter of 2022 on the website of the Constitutional Court of the Russian Federation: http://www.ksrf.ru/ru/Decision/Generalization/Documents/Information_1_2022.pdf