RESOLUTION OF THE PLENUM OF THE SUPREME ECONOMIC COURT OF UKRAINE

of December 26, 2011 No. 17

About some questions of practice of review of decisions, determinations, resolutions on newly discovered facts

According to Item "About judicial system and the status of judges" the plenum of the Supreme Economic Court of Ukraine DECIDES: 6 parts two of article 36 of the Law of Ukraine

For the purpose of ensuring identical and correct application of regulations of the Economic Procedure Code of Ukraine (further - HPK) about review of decisions, resolutions (further - the judgment) on newly discovered facts to make to economic courts of Ukraine the following explanations.

1. Article 112 HPK determines the exhaustive list of the bases for review of judgments by newly discovered facts.

Review of the judgment on newly discovered facts are separate procedural form of legal procedure which is determined by the legal nature of these circumstances.

2. To newly discovered facts the substantive facts on which requirements and objections of the parties, and also other facts important for the correct dispute resolution or consideration of the case about bankruptcy are based belong. Necessary signs of existence of newly discovered facts is simultaneous availability of the following three conditions: first, their existence for the period of consideration of the case, secondly, the fact that these circumstances could not be known to the applicant at the time of consideration of the case, thirdly, materiality these circumstances for consideration of the case (i.e. when accounting by their court consequence of adoption of other judgment, than which was accepted).

Newly discovered facts on the legal essence are actual data which in accordance with the established procedure confute the facts which were the basis for the judgment. These circumstances shall be properly certified, is confirmed with competent and admissible evidences.

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