Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
A special form of proceedings in civil cases is the review of decisions, resolutions or sentences based on new evidence or circumstances that are exceptional. Unlike the process of reviewing a court decision during a court case, the basis of this process is not the shortcomings of the court's consideration of the case (illegality or (or) unreasonableness of the court decision or resolution, incorrect application of legal norms, violation of the process of natural law), but rather the fact that during the adoption of the decision, the court did not have the opportunity to consider a significant aspect of the case that would significantly affect the resolution of the case, the participants did not know about it, as a result of which they could not provide the court with any information about it, nor the establishment of the unconstitutionality of the legal act, nor the violation of international obligations . That is, the purpose of this process is not to eliminate judicial errors, but to review the previously considered case based on the circumstances that emerged after the court decision was passed.
The process of changing decisions, resolutions or verdicts in connection with new evidence or emergency situations is regulated by the classes of Chapter 3. The Civil Procedure Code of Ukraine (hereinafter referred to as the Civil Procedure Code of Ukraine) is a regulatory act of the Civil Procedure Code of Ukraine.
Decisions that can be changed in new or special situations.
Part 1 of Art. In exceptional cases, decisions, resolutions or decrees that have been considered before may be annulled.
Justification for changing court decisions based on new evidence (submission deadlines)
Conditions that are essential to the case were not created by the court and were not known to the person who made the application at the time of the case.
(the deadline for submitting an application is within 30 days from the day when the person learned or could learn about the circumstances that became the basis for reviewing the court decision (but no later than 3 years from the date of the decision))
• created by a decision or a court order to close a criminal case and release the criminal from liability, these events took place, the fact of providing an incorrect expert opinion, false testimony of witnesses, incorrect translation or falsified written, physical or electronic evidence, which led to the adoption of an illegal decision in this case instances; br>
(the deadline for submitting an application is within 30 days from the day the verdict (resolution) becomes legally binding, but no later than 10 years from the day the court renders the decision);
invalidation of a court decision, which is the basis for a court decision that is subject to review.
(the deadline for submitting an application is within 30 days from the date of entry into legal force of a court decision declaring the court decision invalid, which is the basis for a future court decision that can be reviewed (but no later than 10 years) after the date of this decision).
Review of court decisions that are exceptional (submission deadlines)
The unconstitutionality (constitutionality) of the law, other legal acts or their individual provisions is established (or established) by the court when clarifying the case, if the court decision has not yet been implemented, the Constitutional Court of Ukraine issues a decision. on the case
(the deadline for submission of the proposal - within 30 days from the date of official publication of the relevant decision of the Constitutional Court of Ukraine (but no later than 10 years from the date of adoption of this decision));
• establishment by an international judicial body, the jurisdiction of which is recognized by Ukraine, as a result of the state's violation of international norms, when the court accepts this case,
(the maximum deadline for submitting an offer is no later than 30 days from the day when the offer became known or could have been known, but no later than 10 years from the date of official recognition of the offer by the court).
Establishing the judge's responsibility for a criminal act by a court decision that has gained legal force creates a legal basis for a court decision.
(the deadline for submitting an offer is limited to 30 days from the day of official recognition of the criminal's sentence (but not later than 10 years from the day of recognition of this court decision)).
The discovered new details do not give grounds to change the court's decision:
1. re-evaluation of the evidence that the court has already considered in the process of resolving the case.
2. evidence not considered by the court in combination with the circumstances established by the court.
When reviewing a court decision based on a newly discovered or special circumstance, the court cannot deviate from the requirements that were taken into account when deciding the case, take into account other requirements or other grounds of complaint.
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation, help collect the necessary documents and, if necessary, accompany the court proceedings.
