Article | The Concept and Signs of Court Decision Review Due to Newly Discovered or Exceptional Circumstances in the Economic Proceedings |
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Authors |
LIUDMYLA NIKOLENKO
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 7 / 2018 |
Pages | 115 - 129 |
Annotation | A high level and quality of administration of justice in countries with a welldeveloped legal system is marked not only by the system of proceedings at trial court, but also by the efficient system of review of court decisions. The institute of court decision review due to newly discovered or exceptional circumstances in economic proceedings ensures that a fair and lawful court decision is passed and provides an additional guarantee of and possibility for implementation of the main purpose of economic proceedings – efficient protection of infringed rights and legitimate interests of individuals and legal entities and the State. The amended Code of Economic Procedure of Ukraine, on the one part, has improved the institute of court decision review due to newly discovered or exceptional circumstances, and on the other part has raised new issues of theoretical and practical nature which require further clarification. The purpose of the article is to define the concept and signs of court decision review due to newly discovered or exceptional circumstances with due regard for changes in the legislation and for the judicial reform processes in Ukraine, since this is important both in terms of the theory of law and in terms of court practice; the article also presents the author’s own vision with regard to marking out of the specific signs of court decision review due to newly discovered or exceptional circumstances. It is established that court decision review due to newly discovered or exceptional circumstances does not ensue from a judicial error but from an objective error, this being a legal fact of procedural nature. The author marks out the signs of court decision review due to newly discovered or exceptional circumstances and provided substantiation for the concept “court decision review due to newly discovered or exceptional circumstances”, “newly discovered circumstances”, “exceptional circumstances”, “proceedings for review of a court decision due to newly discovered or exceptional circumstances”. The article also focuses on the grounds for review of court decisions due to newly discovered or exceptional circumstances. The author comes to the conclusion that the main task of reviewing a court decision due to newly discovered or exceptional circumstances is to determine its legality and validity with the aim of efficiently reinstating the infringed rights. Proceedings for review due to newly discovered or exceptional circumstances may be defined as the procedure established by the provisions of economic procedure law according to which a court decision may be reviewed with the aim of identifying and eliminating an objective judicial error by legal assessment of newly discovered or exceptional circumstances and their impact on the legality and validity of a court decision. The procedural law does not provide for a complete review of a court decision due to newly discovered circumstances. Consequently, an economic court may review a court decision due to newly discovered circumstances only to the extent that these circumstances affect the essence of the decision.
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Keywords | reconsideration of the judgment for newly revealed or exceptional circumstances; newly revealed circumstances; exceptional circumstances; judicial decision; legitimacy and reasonableness; the final judgment; commercial justice |
References |
List of legal documents
Legislation
2. Pro vnesennia zmin do Hospodarskoho protsesualnoho kodeksu Ukrainy, Tsyvilnoho protsesualnoho kodeksu Ukrainy, Kodeksu administratyvnoho sudochynstva Ukrainy ta inshykh zakonodavchykh aktiv [On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Legal Proceedings of Ukraine and other legislative acts]: Zakon Ukrainy [the Law of Ukraine] vid 3 zhovtnia 2017 r. № 2147-VIII. URL: http://zakon.rada.gov.ua/laws/ show/2147-19 (accessed: 16.04.2018).
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