of March 30, 2012 No. 4
About application of the civil procedural legislation in case of review of judgments in connection with again revealed circumstances
For the purpose of the correct and identical application of the Code of civil procedure of Ukraine (further - GPK) in case of review of judgments which finish consideration of the case taken legal effect, in connection with again revealed circumstances the plenum of the Supreme specialized court of Ukraine on consideration of civil and criminal cases DECIDES to provide to courts such explanations:
1. The review of the judgments which took legal effect provided by Chapter 4 of the Section V GPK in connection with again revealed circumstances is independent stage of civil process in which the court checks availability or lack of legal basis for this purpose, - dispositive facts which existed for the period of consideration of the case, but were not and could not be known to the applicant though their submission to court could entail acceptance of another on contents of the judgment.
The satisfaction with court of the statement for review of the judgment in connection with again revealed circumstances contrary to requirements of GPK breaks the principle of legal definiteness and the applicant's right to access to justice which is guaranteed by Item 1 of article 6 of the Convention on human rights protection and fundamental freedoms (ROME, 4.XI.1950).
2. According to part one of Article of 361 GPK in connection with again revealed circumstances the decision or determination of court which finish consideration of the case, taken legal effect, and also the writ can be reviewed.
With respect thereto are subject to such review the resolution of the Trial Court (including the correspondence or additional decision) made on any kind of judicial proceedings, which took legal effect and also the judgments of appeal or cassation instance by which the decision was changed or made the new decision.
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