of December 29, 2004 No. 3
About application of the Economic Procedure Code of the Republic
Tajikistan in case of review on newly discovered facts
the court resolutions of economic courts which took legal effect
For the purpose of ensuring unity in practice of consideration of the applications about review on newly discovered facts of the court resolutions of the economic vessels Plenum of the Supreme Economic Court of the Republic of Tajikistan which took legal effect, being guided by Articles 50, of 52, 59 Constitutional Laws of the Republic of Tajikistan "About courts of the Republic of Tajikistan" decides to make the following explanations.
1. In case of the solution of question of review on newly discovered facts of court resolutions economic courts of the first, appeal and cassation instances should recognize that the list of the bases for such review provided in part 2 of Article 192 of the Economic Procedure Code of the Republic of Tajikistan is exhaustive.
2. Economic courts need to mean that circumstances in connection with which opening the court resolution is reviewed shall be essential, that is capable to affect conclusions of economic court in case of acceptance of court resolution.
3. Review on newly discovered facts of court resolution is inadmissible when such circumstances are absent, and there are bases for review of court resolution in cassation or supervising procedure. In these cases the economic court shall refuse review on newly discovered facts of court resolution, proving the refusal by lack of the specified circumstances.
So, the decision of economic court cannot be reviewed on newly discovered facts if the actual circumstances arose after acceptance of court resolution as in sense of Item 1 of part 2 of Article 192 of the Economic Procedure Code of the Republic of Tajikistan the basis for such review is opening of circumstances which though objectively and existed, but could not be considered as were not and could not be known to the applicant.
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