1. Essential circumstances to the case that were not and could not be known to the person which filing the statement of the proceedings (period for application is calculated from the date of the essential circumstances have been found).
2. Deliberately wrong expert opinion, deliberately wrong translations, false documents or material evidence, which caused the adoption of illegal or unreasonable court’s decision that have been established by a court verdict, which entered into force (period for application is calculated from the date when the verdict in a criminal case came into force).
3. Reversal of court decision, which was the reason for decision or resolution, which are subject review (period for application is calculated from the date of entry into force court decision, which overturned the judgment, which was the basis for a decision or resolution, which are subject to review).
4. Judges guilt of a crime as a result of which was made illegal or unreasonable decision that have been established by a court verdict, which entered into force (period for application is calculated from the date when the verdict in a criminal case came into force).
5. Unconstitutionality of the law, other legal acts or their separate provisions applied by the court in deciding the case if the court has not yet completed which was established by The Constitutional Court of Ukraine (period for application is calculated from the day of resolving relevant decision by The Constitutional Court of Ukraine).
The judgment of court may be viewed by the newfound circumstances in an application of parties, the prosecutor and third person and other persons involved in the case. Application is filed within one month from the date of finding circumstances which became reason for review of the judgment.
Application for review of a judgment сourt of the reason for the presence of essential circumstances that were not and could not be known to the person which filing the statement of the proceedings may be filed within three years from the date judgment court force.
Form and content
Application for revision of a judgment given to the court, which accepted the judgment. The applicant must send copies of the application and enclosed documents for other parties. The application must include documents proving the statement sent copies to other parties, and proof of payment of court fees.
The application shall include:
1) name the court where the application is addressed;
2) the person submitting the application, place of residence or location;
3) other persons involved in the case;
4) date of approval and content of the decision on review application is filed;
5) newfound circumstances that justified the requirement for review of decision
6) a reference to evidence to support the new circumstances.
The court fee is 50 percent rate to be paid when filing a claim, and in case of submission of the statement of material nature – 50 percent rate, calculated based on the amount disputed. The minimum amount of court fee in commercial proceedings – 108 UAN. The minimum amount of court fee in commercial proceedings – 800 UAN.
Decisions in relation to newfound circumstances are reviewed by the court that issued the decision. On receiving the application for review of judgment on the newfound circumstances the court makes a ruling, which reported on the time and place of the application or submission. Opening the proceedings on newfound circumstances, the judge sends copies of the application for review to the persons involved in the case and fix the date, time and place of trial.
Application for revision of a judgment in connection with the new circumstances considered in court session. The applicant and other persons involved in the case, reported on time and place of court session. No appearance of these persons does not preclude consideration of the application.