RETROSPECTIVE EFFECT OF LEGAL POSITIONS OF THE SUPREME COURT OF THE RUSSIAN FEDERATION AS A THREAT TO THE PRINCIPLE OF LEGAL CERTAINTY IN THE ARBITRATION PROCESS

Bashilov Boris Igorevich, Akhmatov Sheikh-Mansur Sheikh-Magomedovich

This article examines the fundamental problem regarding the relationship between the principle of legal certainty (res judicata) and the necessity of ensuring the uniformity of judicial practice through changes in the legal positions of the Supreme Court of the Russian Federation. The mechanism for the review of judicial acts based on new circumstances is analyzed in the context of Clause 5, Part 3, Article 311 of the Arbitration Procedural Code of the Russian Federation. The author investigates the risks of uncontrolled retrospectivity of judicial interpretations regarding the stability of civil turnover and proposes a theoretical and legal justification for the necessity of establishing a presumption of the prospective effect of new legal positions of the highest judicial instance, except in cases where retrospectivity is explicitly aimed at improving the position of the weaker party or protecting public order, without violating the reasonable expectations of bona fide participants in legal relations.

Keywords:Legal certainty, retrospective effect, Supreme Court of the Russian Federation, arbitration process, new circumstances, review of judicial acts, res judicata, legitimate expectations, uniformity of judicial practice, prospective effect.