SOME ISSUES RELATED TO SURMOUNTING THE LEGAL FORCE OF A COURT JUDGEMENT (ON THE EXAMPLE OF COMMERCIAL COURTS PRACTICE)

The work is devoted to the issue of the substantive and procedural effect of a judicial act that has entered into legal force and was cancelled by the court of the review instance. It raises questions about whether such a judicial act was binding on the parties to the case until it was cancelled; whether the actions of interested parties related to its implementation were based on the law, whether there are substantive and legal consequences of the transformative decision (judicial act) if it was subsequently cancelled. As a result of studying procedural legislation and referring to the doctrine, the following conclusions are made: a judicial act that has entered into legal force may be in effect (have legal force) for a certain limited period of time; the implementation of such a judicial act during this period cannot be recognized as deprived of a legal basis; when canceling a transformative decision that has entered into legal force, it should be considered that the material legal relations existed (did not change) during its validity.