1. The subject of the dispute is the refusal of the Kyiv Court of Appeal to open proceedings on the application for review based on exceptional circumstances of the ruling of the same court, which previously refused to open appellate proceedings on the decision of the court of first instance regarding the impossibility of considering the issue of extending detention.
2. The Supreme Court disagreed with the decision of the appellate court, which refused to open proceedings based on exceptional circumstances, arguing that the appellate court’s ruling is not a final court decision in criminal proceedings that has entered into legal force. The Supreme Court emphasized that the decision of the Constitutional Court of Ukraine of July 18, 2024, which declared Part 6 of Article 615 of the Criminal Procedure Code unconstitutional, is an exceptional circumstance for reviewing a court decision that has entered into legal force. The Supreme Court also referred to the decision of the Constitutional Court of Ukraine, according to which the Criminal Procedure Code does not contain a prohibition on the review of any types of court decisions that have entered into legal force based on newly discovered circumstances, and considers this position relevant to proceedings based on exceptional circumstances. The Court departed from its previous position, noting that the possibility of appealing the appellate court’s rulings refusing to open appellate proceedings to the cassation court does not affect the entry into legal force of these decisions.
3. The Supreme Court overturned the ruling of the Kyiv Court of Appeal and ordered a new hearing in the court of appeal.
