EXPLANATION OF PRESIDIUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of May 21, 2002 No. 04-5/563

About some questions of practice of review of decisions, resolutions on the new revealed circumstances

For the purpose of identical and correct application of regulations of the Code of civil procedure of Ukraine (further - GPK) about review of decisions, resolutions (further - the judgment) economic court on the new revealed circumstances the presidium of the Supreme Economic Court of Ukraine considers necessary to make such explanation.

1. According to Article 112 GPK economic court can review the judgment made by it which took legal effect, on the new revealed circumstances which have essential value for case and could not be known to the applicant.

Review of the judgment on the new revealed circumstances is separate procedural form of legal procedure which is determined by the legal nature of these circumstances.

The substantive facts on which requirements and objections of the parties, and also other facts which matter for the correct dispute resolution or consideration of the case about bankruptcy are based belong to the new revealed circumstances. Necessary signs of the new revealed circumstances are, first, their availability for the period of consideration of the case, secondly, the fact that these circumstances could not be known to the applicant for the period of consideration of the case.

In determination of circumstance new revealed it is necessary to proceed from it.

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