The Supreme Court has limited the review of cases due to the repeal of the normative act

The Supreme Court of the Russian Federation (SC) clarified who can ask for a review of a court decision due to new circumstances if the regulatory legal act (NLA) on which it is based was subsequently declared invalid. The position of the Supreme Court was taken in the case of Zenit LLC against the administration of Togliatti.

In October 2020, the Togliatti administration recovered 302.71 thousand rubles from Zenit in court. unjust enrichment on the basis of the regulation on the procedure for determining the rent for land in the city. In June 2021, the company asked to reconsider the court decision due to new circumstances, since in February subparagraph 7.1 of this provision was declared invalid at the suit of Spektr-N LLC. Arbitration courts of three instances supported the requirements of Zenith, but the administration filed a complaint with the Supreme Court. The case was referred to the economic board (see Kommersant dated August 30).

Based on the results of considering the complaint of Zenit, the Economic Board of the Supreme Court clarified that only the person who challenged the ILA and acted as an administrative plaintiff can ask for a review of the case on new circumstances. In this case, the controversial clause of the provision was canceled at the initiative of Spektr-N LLC, “which made efforts to defend its position, and also incurred time and financial costs in all instances.” Taking into account the “inadmissibility of arbitrary intrusion into the scope of the principle of stability of judicial acts that have entered into legal force”, only Spektr-N LLC is provided with a “special opportunity” to review the case with its participation, the board of the Armed Forces concluded. The decision to review the dispute between Zenit and the administration of Togliatti was canceled.

Ekaterina Volkova