1. The subject of the dispute is the refusal of the Kyiv Court of Appeal to initiate proceedings on the application of PERSON_6 for review based on newly discovered circumstances of the ruling of the same court.
2. The Supreme Court overturned the ruling of the appellate court, pointing out that the appellate court did not take into account the provisions of Part 1 of Article 459 of the Criminal Procedure Code of Ukraine, Decision of the Constitutional Court of Ukraine No. 5-r(II)/2024, and the conclusion of the joint chamber of the Criminal Cassation Court of the Supreme Court. The court emphasized that according to these norms and conclusions, the ruling of the investigating judge may be reviewed based on newly discovered circumstances, especially when it restricts the constitutional rights and freedoms of a person. The Supreme Court emphasized that the appellate court mistakenly considered it impossible to review, based on newly discovered circumstances, the rulings of investigating judges and the rulings of the appellate instance issued as a result of reviewing these rulings, which is a violation of the requirements of the criminal procedural law. In fact, the court points out that the appellate court ignored the need to ensure the right to review a court decision when it may contradict the purpose of criminal proceedings and restrict human rights.
3. The Supreme Court overturned the ruling of the Kyiv Court of Appeal dated October 17, 2024, and scheduled a new hearing in the court of appeal.
