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The Supreme Court has forbidden to challenge the assumption

7 октября 2020
651
Delgira Khodzhaeva, a lawyer at the Nadmitov, Ivanov and Partners Law Firm, gave comments to Pravo.ru for the article "The Supreme Court has forbidden to challenge the assumption."

In the case considered by the Supreme Court, the issue of prejudicial facts was raised. Delgira Khodzhaeva, lawyer of the firm Nadmitov, Ivanov & Partners: these circumstances should be of substantive and not procedural content. Moreover, the principle of prejudice cannot apply to decisions of administrative bodies.

Another important point that give prejudicial significance to ordinary facts is that they should be investigated by the court, Khodjayeva said. In other words, if in a preliminary case the court did not assess the circumstance, the decision on it cannot be considered an "axiom" in the framework of another case.

Delgira Khodzhaeva reminds that the judgment made on the assumption does not imply that a prejudicial decision is taken into account only when it was accepted for consideration by the court of first instance. To apply it, you need certain conditions. But if you limit its application only to the first instance, it will violate the principle of binding of the judicial acts that have entered into force. Namely, this is what the prejudice of court decisions is aimed at.

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