The Impact of the Council of Europe on Russian Civil Procedure Law

Abstract

The Article is devoted to considering amendments to Civil Procedure Law made in connection with the participation of the Russian Federation in the Council of Europe. It is stated that such amendments have been made at least in four cases. First, in connection with the enforcement of pilot judgments of the European Court of Human Rights. Second, in connection with the implementation of other judgments of the European Court of Human Rights. In particular, the Author considers the implementation of the principle of legal certainty, including the principle of res judicata. Third, initiating the procedure of reviewing Russian courts decisions due to the newly discovered circumstances, after the case was decided by the European Court of Human Rights. Fourth, the necessity for the higher courts to lay down the rule concerning the requirement for lower courts to take into account reasonings of the European Court of Human Rights.