1. The subject of the dispute is the appeal against the ruling of the commercial court of appeal on the refusal to review the decision of the same court based on newly discovered circumstances, which concerned a complaint against the actions of the liquidator in the bankruptcy case.
2. The Supreme Court considered the cassation appeal, in which the appellant argued that the appellate court did not take into account an important circumstance – the invalidation of the normative act on which the previous decision was based. The court of cassation noted that for the review of a decision based on newly discovered circumstances, it is necessary that these circumstances existed at the time of the case consideration, were unknown to the applicant and were of significant importance. In this case, the invalidation of the normative act occurred after the adoption of the appealed decision, therefore it cannot be considered a newly discovered circumstance. The court also departed from the previous conclusion regarding the impossibility of appealing the ruling of the appellate court on the refusal to review the decision on the complaint against the actions of the insolvency receiver based on newly discovered circumstances, noting that such an appeal is possible.
3. The Supreme Court dismissed the cassation appeal, and the ruling of the appellate court remained unchanged.
