Free and easy instability. On destinies of public interest in review of judgments which have become final

Abstract

In widespread opinion, many European standards of review of judgments which have become final to which Russia – overcoming negative public law heredity – is moving, although painfully, also have an expressed, however a different, noble public nature. There is temptation to think that events are being developed in the right direction, and the matter depends only on time. In this work the author tried to show that all the above mentioned is a fiction (there is no heredity, no standards, no direction, and no movement) covering a new paradigm of judicial authority which the author calls “law-enforcement feudalism” and which, however, manifests itself in the clearest way in the strategies of treatment with the principle of legal certainty.

Keywords:

principle of legal certainty, private and public law interest, stability of subjective civil rights, review of judgments which have become final, European Court of Human Rights, legal position