Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
Revision of a court decision based on new evidence or special circumstances in a civil case.
Those who have the opportunity to file a petition for a court review of a decision made in the light of new information or special circumstances.
The parties, as well as other participants in the case, have the opportunity to submit an application for review of the decision based on new information or circumstances that came to light during the process.
In accordance with the requirements of Art. 56 and Article 4 of Art. 57 of the Criminal Procedure Code of Ukraine, the prosecutor also has the right to represent the court in the event of a new or unusual circumstance that emerged during the case, this right does not depend on the role of the prosecutor in the case. .
The legal successor of a party to the case has the right to submit an application for review of the court decision in the presence of new evidence or circumstances that are not discussed in the dispute, if legal succession is allowed in the legal relationship under consideration.
Courts that evaluate the reasonableness of decisions made on the basis of new or special circumstances.
To fulfill the requirements of Art. 425 of the Code of Civil Procedure of Ukraine, a court decision, decision or resolution is reviewed in new or unusual circumstances by the court of first instance, which made the decision, issued the decision, or by the court of appeal or cassation instance, which changed or established the decision. new solution
The assessment of the court's decision on the fact of the creation of an international judicial institution, the jurisdiction of which is recognized by Ukraine as a result of the state's violation of international obligations when the court decided this case, is submitted to the Supreme Court and considered. as part of the Great Chamber.
The form and content of an application for review of a court decision based on a newly recognized or special circumstance.
In accordance with the requirements of Art. 426 of the Civil Procedure Code of Ukraine, who submit applications for review of court decisions based on newly discovered facts or circumstances, are obliged to follow the requirements of the Civil Procedure Code of Ukraine regarding the requirements of the form and content of submitting applications to the court of first instance.
The statement states:
- indicate the name of the court, as well as the address to which the application was sent.
- the name of the person submitting the application, his residence or place of work;
- other participants in the case
- the date of adoption and the content of the submitted court decision;
- a newly documented or special circumstance justifying the request for retrial of the case, the date of their documentation or occurrence;
- references to additional evidence confirming the existence of previously unknown or extraordinary situations.
Other accompanying documents are also attached to the application:
- replication of the application corresponding to the number of involved participants;
- a document confirming the payment of the court fee (if necessary).
- evidence that confirms the existence of a newly discovered or unusual situation;
- a written document confirming the authority of the applicant's representative - if the application is signed by this representative;
- a personal request of a judicial institution regarding a specific case;
- a request to renew the deadline for submitting an application (if necessary).
There is no court fee for submitting or considering an application for review of a court decision in emergency situations. (Article 426 of the Civil Code of Ukraine, part three, paragraph eight).
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 for the rehabilitation procedure and help collect the necessary documents and, if necessary, accompany the court proceedings.
