Prejudice in Russian Law: Conditional Nature and Limits of Application

Analyzes the legal nature of prejudice in Russian legal proceedings. The author demonstrates that prejudice is not an absolute prohibition on reviewing circumstances, but rather a rebuttable presumption of the truth of previously established facts. Based on an analysis of the provisions of the Civil Procedure Code, the Arbitration Procedure Code, the Code of Administrative Procedure, and the legal positions of the Constitutional and Supreme Courts of the Russian Federation, the author identifies the subjective, substantive, and procedural limits of prejudice. The author argues that these limits must be taken into account to overcome the formalistic approach to prejudicial facts.