ch measures should be taken quickly as they reveal the structural problem which can generate a number of the similar infringements of the Convention. Committee of Ministers has approved changes undergone in the procedure of revision of judgements in the order supervision in the new Civil Procedural Code, come into force from February 1, 2003. As a result some problems laying in the basis of infringements established by the European Court , have been eliminated, in particular by means of giving the right to initiate of supervising proceeding only to the persons participating in the case, and to the persons, whose legitimate interests have been violated by judicial resolutions (Part 1 Article 376) [14] , and restrictions with one year term during which the appeal of judicial resolutions in the order of supervision is admitted (Part 2 Article 376). However, according to the Committee of Ministers, there are some doubts that the current procedure of revision of judgements in the order of supervision actually prevents new infringements of the principle of the legal definiteness confirmed by the Convention. this connection the Committee of Ministers has noted, that the working procedure still supposes, that the legitimate confidence of the sides in the judgement which has come into force and is subjected to execution, appears vain and that uncertainty resulting from it, can proceed during precisely not limited period after the supervising complaint has been transmitted. Committee of Ministers has considered with understanding to that the Russian authorities and the significant part of the Russian legal community considers it necessary during the certain time to preserve supervising proceeding as it is the unique real mechanism of correction of numerous essential mistakes and lacks of judgements made at the local and regional levels. However the Committee of Ministers has expressed concern to that circumstance, that at the regional level frequently one and the same court on one and the same case consistently acts as the cassation and supervising instance, and has emphasized, that the court should have the opportunity to correct all lacks in decisions of the subordinate courts within the framework of the uniform system of proceedings so that the subsequent application to the supervising proceeding became actually exclusive or absolutely not necessary. Committee of Ministers has emphasized, that the judgement obligatory and subjected to execution can be changed solely at presence of exclusive circumstances whereas in the order of the current supervising proceeding the given decision can be cancelled in connection with any infringement of material or procedural right. In effectively working judicial system mistakes and lacks in judgements should be mainly considered within the framework of common appeal and-or cassation proceeding, before the decision becomes obligatory and subjected to execution in order to avoid danger of infringement of the subsequent right of the sides to rely on compulsion of judgements. Therefore restriction of the opportunity of revision of judgements obligatory and subjected to execution in the order of supervision by exclusive circumstances should be accompanied by perfection of the judicial system and improvement of quality of proceedings to reduce the necessity of correction of miscarriages of justice by means of supervising proceedings. Committee of Ministers has called the Russian authorities to carry out the further reforming of the civil legal proceedings, to provide full respect of the principle of legal definiteness. By means of the given reform it is necessary to provide, that miscarriages of justice were corrected during common appeal and-or cassation proceeding before the judgement becomes final, and to give the corresponding courts sufficient means and powers for the better realization of their duties. carrying out of this all-round reform the Committee of Ministers recommended to take the preliminary measures directed to prevention of new infringements of the Convention, in particular:
To continue gradual reduction of application of supervising proceeding, including by means of establishment of the certain term of appeal with the supervising complaint and restriction of the allowable grounds for excitation of supervising proceeding so that they comprised only the most serious infringements of the right;
To provide observance in supervising proceeding of requirements of fair proceeding, including principles of competitiveness, equality of the sides, etc .;
To simplify the working order of proceeding in court of supervising instance for the purpose of its acceleration;
To limit quantity of consecutive supervising complaints which can be transmitted on the same case;
To prevent submission of the unreasonable supervising complaints ...
