Ukraine changes the rules for reviewing court decisions — now recognition of violation by the state is sufficient

A draft law No. 15288 "On Amendments to Certain Legislative Acts of Ukraine Regarding the Review of Court Decisions under Exceptional Circumstances in Connection with Ukraine's Recognition of Violation of International Obligations" has been submitted to the Verkhovna Rada.

The initiative aims to eliminate a gap in procedural legislation that arises in cases when the state of Ukraine has already recognized the violation of international obligations during the consideration of a specific case by a court, but the person does not have a procedural opportunity to seek a review of the relevant national court decision.

The explanatory note states that the problem is especially evident in cases where, after the recognition of the violation, the international proceedings are terminated, the case is closed, or the application is removed from the register.

In such a situation, the person does not receive a substantive decision from the international judicial institution, which under current legislation is a basis for reviewing a court decision under exceptional circumstances.

Proposed changes

The draft law provides for amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, and the Code of Administrative Procedure of Ukraine. The main innovation is the expansion of grounds for reviewing court decisions under exceptional circumstances.

Currently, such a ground is the establishment by an international judicial institution, whose jurisdiction is recognized by Ukraine, of the fact of violation by the state of international obligations in the resolution of a specific case by a court. The draft law proposes to provide that the grounds for review will also include the presence of an application, declaration, friendly settlement, or other document submitted on behalf of Ukraine to the international judicial institution, in which the state recognized the violation of international obligations during the resolution of the relevant case by the court.

Thus, a person will be able to apply for a review of a court decision even without a final substantive decision of the international judicial institution if Ukraine has already officially recognized the committed violation.

Who will have the right to request a review

The draft defines the circle of persons who will have the right to submit an application for the review of a court decision.

This right is granted not only to persons against whom a decision of the international judicial institution has been made but also to persons to whom the relevant application, declaration, friendly settlement, or other document submitted on behalf of Ukraine relates.

New deadlines for court applications

A special deadline is established for such applications — no later than thirty days from the day the person learned or could have learned about the international judicial institution's decision acquiring the status of final or about the submission of the relevant document on behalf of Ukraine.

The draft law also provides for the possibility of restoring the deadline for submitting an application for the review of a court decision under exceptional circumstances if the decision of the international judicial institution acquired the status of final or the relevant document was submitted on behalf of Ukraine after ten years from the date the court decision became legally binding. In such a case, the application must be submitted within thirty days from the day the person learned or could have learned about the relevant circumstances.

Requesting documents from international institutions

It is separately provided that a person has the right to petition for the request of a copy of the decision of the international judicial institution or the application, declaration, friendly settlement, or other document if such a document is not in their possession.

In turn, the judge or reporting judge, after the opening of proceedings, will be obliged to immediately issue a ruling on the request of the relevant document along with its authentic translation from the state body responsible for representing Ukraine in the international judicial institution and/or coordinating the execution of its decisions.

Unified rules for all types of proceedings

The proposed mechanism is unified for commercial, civil, and administrative proceedings. This means that the same approaches to reviewing court decisions in connection with Ukraine's recognition of the violation of international obligations will be applied regardless of the type of judicial process.

If the document is adopted, the possibility of reviewing national court decisions will no longer be entirely dependent on the existence of a final decision of the international judicial institution. The new mechanism may acquire practical significance primarily in cases that end with a friendly settlement, a unilateral declaration by the state, or other forms of recognition of violation without the international court considering the case on the merits.

This may also lead to an increase in the number of applications for the review of court decisions under exceptional circumstances and the formation of new judicial practice regarding the legal consequences of documents by which Ukraine recognizes violations of its international obligations.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp pages on Facebook and Instagram to stay informed about the most important events.