Subject of Dispute: Review of a Judicial Decision Based on Newly Discovered Circumstances in Criminal Proceedings.
Main Arguments of the Court: The Supreme Court established that the Court of Appeal incorrectly closed the proceedings on PERSON_1’s application for review of the judicial decision. The Court of Appeal essentially examined the application on its merits, but instead of making a decision in accordance with procedural law, simply closed the proceedings and returned the application. This violates the person’s right of access to justice and the procedural norms of the Criminal Procedure Code of Ukraine.
Court Decision: The Supreme Court partially satisfied the cassation appeal, revoked the ruling of the Lviv Court of Appeal, and assigned a new review of the case in the appellate instance.
