1. The subject of the dispute is the application of PERSON_1 for the review of the default judgment regarding the recovery from her in favor of JSC CB “PrivatBank” of debt under the loan agreement.
2. The court of cassation upheld the decisions of the previous instances, which dismissed the application of PERSON_1 for the review of the default judgment, on the grounds that the defendant missed the deadline for filing such an application. The court took into account that a copy of the default judgment was sent to the defendant at her registered address but was returned with the note “addressee does not reside at the specified address,” which, according to the Civil Procedure Code of Ukraine, is considered proper notification. The court also noted that the defendant was aware of the case proceedings, as she received a summons to appear in court, and did not provide valid reasons for missing the deadline for filing an application for the review of the default judgment. The court emphasized the obligation of participants in civil legal relations to act in good faith and bear the risk of consequences associated with their procedural actions or inaction. The court deviated from the conclusions formulated in its decision of November 9, 2021, in case No. 214/5505/16, regarding the application of Articles 126, 127 of the Civil Procedure Code of Ukraine in conjunction with Articles 284, 286, 287 of this Code.
3. The court of cassation ruled to dismiss the cassation appeal of PERSON_1 without satisfaction, and to leave the ruling of the court of first instance and the decision of the appellate court unchanged.
