Vol 18, No 4 (2023)

the work presents a comprehensive analysis of the requirements of art. 166 (paragraph 4 part 2) of the Civil Code of the Russian Federation, forming the normative core of the institution of voidable transactions confirmation (known to many foreign legal systems and required in acts of international private law unification); the rehabilitation mechanism for approving a defective transaction by its participant (which has a wide scope of application) is studied, first of all, from the point of view of the essence, conditions and methods of expressing the will to maintain the force of a contested transaction, as well as the legal effects generated by the act of confirmation. The methodological basis of the study was made up of general theoretical (formal and dialectical logic) and specific scientific (legal-dogmatic, comparative legal, interpretation of legal norms, etc.) methods. As a result, the author, in particular, does not exclude a possible narrowing of the scope of use of the construct from the point of view of the range of grounds for contestability; questions the a priori exclusion of third parties from the number of subjects of confirmation; in general, he has a positive assessment of the «liberalism» of the legislator when deciding on ways to express the will to maintain the force of a fatal deal; reveals the meaning of the retroactivity of the «healing» confirmation (non-generation of a new transaction); indicates the unacceptability of qualification as an act of proper confirmation of the statement about the preservation of the validity of the transaction on the changed terms.

the scientific article analyzes the norms of the arbitration and civil procedure legislation of the Russian Federation governing the procedural procedure for reviewing judicial acts that have entered into force under new and newly discovered circumstances. In the course of a comparative legal analysis of certain procedural norms in Russian procedural codes, we came to the conclusion that certain regulatory provisions need to be improved and detailed, taking into account existing judicial practice and the need to ensure the accessibility and consistency of this procedural institution.

the article deals with the concept, essence and signs of investigative errors, analyzes their various classifications taking into account the specifics of their content, identifies the causes of investigative errors, as well as the main components of the mechanism for eliminating investigative errors, in particular judicial control, prosecutorial supervision and departmental control.